Loading presentation...

Present Remotely

Send the link below via email or IM


Present to your audience

Start remote presentation

  • Invited audience members will follow you as you navigate and present
  • People invited to a presentation do not need a Prezi account
  • This link expires 10 minutes after you close the presentation
  • A maximum of 30 users can follow your presentation
  • Learn more about this feature in our knowledge base article

Do you really want to delete this prezi?

Neither you, nor the coeditors you shared it with will be able to recover it again.


AP Gov. Project

Andres Rueda

andres rueda

on 30 April 2010

Comments (0)

Please log in to add your comment.

Report abuse

Transcript of AP Gov. Project

Double click anywhere & add an idea The Constitution This concept allows the president be able to formulate an carry out policies free of pressure and delays. increases presidential authority Reducing the seperation of power Making the system less Democratic critics suggest an amendment that would either set a limit on amount spent by the gov. or have a balanced budget restraint the power of the federal courts! If the Congress and the people do not like the way the supreme court has interpreted the constitution they can always amend it NO NEED! CRAZY! There is no precise way to measure how much the government spends or to predict in advance how much it will receive in taxes during the year. the constitution Summary of the articles Article I The longest article in the Constitution vests legislative power in the Senate and the House of Representatives. It describes the organization of Congress and lists its specific powers, known as enumerated or delegated powers. Through the necessary and proper clause (also called the elastic clause), Congress can make laws needed to carry out its enumerated powers. Article I also lists the powers denied to Congress and the states. Article II This article deals with the executive branch and describes the election of the president (and vice president), the qualifications for holding the office, and the procedures if a president can no longer serve. The powers of the president include serving as commander in chief of the army and navy, making treaties, and, with the "advice and consent of the Senate," appointing ambassadors, officials, and Supreme Court justices. The president is required to periodically report to Congress on the state of the union, can propose legislation, and can call Congress into special session. Article III This article established the Supreme Court and authorizes Congress to establish lower federal courts. The types of cases the courts have jurisdiction over are given, and a provision is made for the right to trial by jury. While not specifically stated, the power of the courts to declare a law unconstitutional is implied. Article IV The full faith and credit clause requires that the legislative and judicial actions of one state be honored by the other states. Additionally, a citizen of any state has the same privileges as citizens of all the other states. Article IV also provides for adding new states to the union, guarantees each state a republican form of government, and ensures protection against invasion or domestic violence. Article V The process for amending the Constitution is described. The states are responsible for ratifying amendments. Article VI The Constitution, the laws of the United States, and treaties entered into by the United States are the supreme law of the land. This is known as the supremacy clause. Article VII Approval by conventions of nine of the states was required to ratify the Constitution. AMENDMENT I

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.


A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.


No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.


The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. AMENDMENT V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.


In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.


In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any Court of the United States, than according to the rules of the common law.


Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.


The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.


The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. AMENDMENT XI

Passed by Congress March 4, 1794. Ratified February 7, 1795.

Note: Article III, section 2, of the Constitution was modified by Amendment 11.

The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.


Passed by Congress December 9, 1803. Ratified June 15, 1804.

Note: A portion of Article II, section 1 of the Constitution was superseded by the 12th Amendment.

The Electors shall meet in their respective states and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate; -- the President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted; -- The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. [And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in case of the death or other constitutional disability of the President. --]* The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.

*Superseded by section 3 of the 20th Amendment.


Passed by Congress January 31, 1865. Ratified December 6, 1865.

Note: A portion of Article IV, section 2, of the Constitution was superseded by the 13th Amendment.

Section 1.
Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

Section 2.
Congress shall have power to enforce this article by appropriate legislation. AMENDMENT XIV

Passed by Congress June 13, 1866. Ratified July 9, 1868.
Note: Article I, section 2, of the Constitution was modified by section 2 of the 14th Amendment.

Section 1.
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.


Passed by Congress February 26, 1869. Ratified February 3, 1870.
Section 1.
The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude--

Section 2.
The Congress shall have the power to enforce this article by appropriate legislation.


Passed by Congress July 2, 1909. Ratified February 3, 1913.
Note: Article I, section 9, of the Constitution was modified by Amendment 16.

The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.


Passed by Congress May 13, 1912. Ratified April 8, 1913.

Note: Article I, section 3, of the Constitution was modified by the 17th Amendment.

The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.

When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.

This Amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.


Passed by Congress December 18, 1917. Ratified January 16, 1919. Repealed by Amendment 21.
Section 1.
After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited.

Section 2.
The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation.

Section 3.
This article shall be inoperative unless it shall have been ratified as an Amendment to the Constitution by the legislatures of the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.


Passed by Congress June 4, 1919. Ratified August 18, 1920.
The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.

Congress shall have power to enforce this article by appropriate legislation.


Passed by Congress March 2, 1932. Ratified January 23, 1933.
Note: Article I, section 4, of the Constitution was modified by section 2 of this Amendment. In addition, a portion of the 12th Amendment was superseded by section 3.

Section 1.
The terms of the President and the Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin. AMENDMENT XXI

Passed by Congress February 20, 1933. Ratified December 5, 1933.

Section 1.
The eighteenth article of Amendment to the Constitution of the United States is hereby repealed.

Section 2.
The transportation or importation into any State, Territory, or Possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.

Section 3.
This article shall be inoperative unless it shall have been ratified as an Amendment to the Constitution by conventions in the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.


Passed by Congress March 21, 1947. Ratified February 27, 1951.

Section 1.
No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of President more than once. But this Article shall not apply to any person holding the office of President when this Article was proposed by Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this Article becomes operative from holding the office of President or acting as President during the remainder of such term.

Section 2.
This article shall be inoperative unless it shall have been ratified as an Amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission to the States by the Congress.


Passed by Congress June 16, 1960. Ratified March 29, 1961.

Section 1.
The District constituting the seat of Government of the United States shall appoint in such manner as Congress may direct:

A number of electors of President and Vice President equal to the whole number of Senators and Representatives in Congress to which the District would be entitled if it were a State, but in no event more than the least populous State; they shall be in addition to those appointed by the States, but they shall be considered, for the purposes of the election of President and Vice President, to be electors appointed by a State; and they shall meet in the District and perform such duties as provided by the twelfth article of Amendment.

Section 2.
The Congress shall have power to enforce this article by appropriate legislation.


Passed by Congress August 27, 1962. Ratified January 23, 1964.

Section 1.
The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay poll tax or other tax.

Section 2.
The Congress shall have power to enforce this article by appropriate legislation.

Political Beliefs and Behaviors: FAMILY The majority of young people identify with their parent's political party. A study of high school seniors showed 71% knew and shared their parents political identification. As one grows older things may vary a little One way in which the family forms and transmits political beliefs is by its religious traditions Gender gap- Difference in political views between men and women Social class Race and Ethnicity Media The Party press: politicians of various factions and parties created, sponsored, and controlled newspapers to further their interest
The popular Press: self-supporting, mass-readership daily newspapers.
Electronic Journalism: Radio, television
The Internet: The newest electronic sources of news is the internet. Countless number of information can be found on the internet
Interest Groups Interest Group:An organization of people sharing a common interest or goal that seeks to influence the making of public policy. By joining an interest group you can recieve an incentive such as: solidary inentive, material, incentive, or a purposive incentive. Solidary incentive: The social reward that lead people to join political organizations Material Incentive: Money or things valued in monetary terms Purposive Incentive: A benefit that comes from serving a cause or principle. Political Parties, Interest Groups, and the Media: Democrats generally support government policies that benefit working class families, seek more corporate regulation, and less government influence over the individual. Democrats favor a government that supports lower and middle-income families and workers through higher taxes for corporations and the wealthy. They strongly support government entitlement programs such as social security and healthcare. In social matters, Democrats emphasize personal choice, privacy, and liberty. They believe that it is the responsibility of the family to promote morals and values in society and not the government's responsibility Democrats Republicans generally support government policies that benefit large corporations, seek less corporate regulation, and more government influence over the individual. Republicans favor a government that supports corporate America and the wealthy by reducing taxes and regulations on corporations. Republicans believe that reducing corporate taxes and regulations will translate into lower unemployment rates. They would prefer to out-source government entitlement programs such as social security and healthcare to the private sector. In social matters, Republicans believe that the government should make certain moral decisions for us and sometimes see privacy and liberty as a risk to security. They believe that the government should be actively involved with promoting morals and values in society Repulican A group of persons working on behalf of or strongly supporting a particular cause, such as an item of legislation, an industry, or a special segment of society. Interest Groups Can influence public policy An interest group is an organization of people with similar policy goals that tries to influence the political process to try to achieve those goals. In so doing, interest groups try to influence every branch and every level of government. This multiplicity of policy arenas helps distinguish interest groups from political parties. Interest groups may also support candidates for office, but American interest groups do not run their own slate of candidates. Interest groups are often policy specialists, whereas parties are policy generalists. Thus, interest groups do not face the constraint imposed by trying to appeal to everyone promote public policies
encourage the political participation of their members
support candidates for public office
work to influence policymakers. The role of the media The Institutions of Government Congress Bicameral
HOuse of REps
535 Members
democrats are in power
The powers of Congress are found in Article I, Section 8 of the constitution Executive Branch chief of state - symbolic leader of the nation
chief executive - running the functions of the state, managing the bureaucracy, and deciding how to enforce the law
chief diplomat - overseeing state's ambassadors and determining foreign policy
commander in chief - commanding the state's armed forces and determining military policy
chief legislator - influencing the legislature by urging the passage or defeat of a new law
guardian of economy - protects the value of the currency and the money of the people Judicial Branch
Nine members
Chief Justice
John Roberts
Associate Justices
John Paul Stevens
Antonin Scalia
Anthony Kennedy
Clarence Thomas
Ruth Bader Ginsburg
Stephen Breyer
Samuel Alito
Sonia Sotomayor
Retired Associate Justices
Sandra Day O'Connor
David Souter
Nominated by the presidentand approved by senate Qualifications and TErms of service
Article I, Section 2 of the US Constitution provides the following qualifications: Aged 25, a US Citizen for seven years, and a resident of the State they represent.

House members, referred to as Congressmen/women or Representatives, serve two-year terms and are up for reelection every even year (2006, 2008, etc.). Senators serve six-year terms and elections to the Senate are staggered over even years so that only about 1/3 of the Senators are up for reelection in any given even year.

Qualifications and TErms of service No person except a natural born citizen or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty-five years, and been fourteen years a resident within the United States.

No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once. Qualifications and TErms of service The Constitution of the United States establishes no requirements to be appointed a Justice on the Supreme Court. However, Presidents usually appoint people who have been lawyers or judges or in some way trained in the law.

The US Constitution states that once confirmed by the Senate, a justice serves for life. However, they may retire if they wish. They can also be impeached and removed from the court if they do not maintain “good behavior.”
Administration of a government chiefly through bureaus or departments staffed with nonelected officials.
Functions of Bureacracy
I. There is the principle of fixed and official jurisdictional areas, which are generally ordered by rules, that is, by laws or administrative regulations.
1. The regular activities required for the purposes of the bureaucratically governed structure are distributed in a fixed way as official duties.
2. The authority to give the commands required for the discharge of these duties is distributed in a stable way, and is strictly delimited by rules concerning the coercive means, physical, sacerdotal, or otherwise, which may be placed at the disposal of officials.
3. Methodical provision is made for the regular and continuous fulfilment of these duties and for the execution of the corresponding rights; only persons who have the generally regulated qualifications to serve are employed. Bureaucracy The budget process for the U.S. Federal government involves both the executive and legislative branches of government. The President submits a budget to Congress, which then passes legislation to actually appropriate and authorize funds to be spent. The timetable for this process is shown in the section on the Budget Calendar -- the dates are flexible, for the most part. Along the way, a variety of documents are produced, from both branches. Budgetary Process Environmental policy statements usually make commitments to decreasing pollution and waste, to using of energy and resources efficiently, and to minimizing the environmental effects on habitats and biodiversity of new developments, and of the extraction of raw materials. Article 7 of the UN Declaration of Human Rights (1948-66) states that ‘All people have a responsibility to protect the air, water and soil of the earth for the sake of present inhabitants and future generations,’ and environmental protection became an EU responsibility in 1972. Environmental policy is any [course of] action deliberately taken [or not taken] to manage human activities with a view to prevent, reduce, or mitigate harmful effects on nature and natural resources, and ensuring that man-made changes to the environment do not have harmful effects on humans. Major Environmental laws Stationary sources: EPA sets national air quality standards Gasoline-Powered Vehicles: All states must have an auto pollution inspections Water: Clean Water ACTs of various years state that there be no discharge of wastewater into lakes and sterams without a federal permit Health reform will make health care more affordable, make health insurers more accountable, expand health coverage to all Americans, and make the health system sustainable, stabilizing family budgets, the Federal budget, and the economy:

It makes insurance more affordable by providing the largest middle class tax cut for health care in history, reducing premium costs for tens of millions of families and small business owners who are priced out of coverage today. This helps 32 million Americans afford health care who do not get it today – and makes coverage more affordable for many more. Under the plan, 95% of Americans will be insured.
It sets up a new competitive health insurance market giving millions of Americans the same choices of insurance that members of Congress will have.
It brings greater accountability to health care by laying out commonsense rules of the road to keep premiums down and prevent insurance industry abuses and denial of care.
It will end discrimination against Americans with pre-existing conditions.
It puts our budget and economy on a more stable path by reducing the deficit by more than $100 billion over the next ten years – and more than $1 trillion over the second decade – by cutting government overspending and reining in waste, fraud and abuse.
The President signed the Children’s Health Insurance Reauthorization Act on February 4, 2009, which provides quality health care to 11 million kids – 4 million who were previously uninsured.
The President’s American Recovery and Reinvestment Act protects health coverage for 7 million Americans who lose their jobs through a 65 percent COBRA subsidy to make coverage affordable.
The Recovery Act also invests $19 billion in computerized medical records that will help to reduce costs and improve quality while ensuring patients’ privacy.
The Recovery Act also provides:
$1 billion for prevention and wellness to improve America’s health and help to reduce health care costs;
$1.1 billion for research to give doctors tools to make the best treatment decisions for their patients by providing objective information on the relative benefits of treatments; and
$500 million for health workforce to help train the next generation of doctors and nurses. According to the social security reform
Somewhere around 2017, on top of replacing Social Security's $100 billion annual surplus, Congress will have to find billions more so that Social Security can pay all of the benefits that it has promised. Within about five years, that additional money will reach $100 billion a year (not counting inflation). From there, the annual demands will reach first $200 billion a year, and soon $300 billion a year.(http://www.socialsecurityreform.org/problem/index.cfm) Also one argument people make is that it is unfair to cut off social security because the million of people that have paid into it. Imagine paying into it for 20 years and then you do not get to benifit from it. Unfair right? Further more there is not enough people paying into it as there was before wiht the baby boomer generation. PROBLEMS! The exact timing of this crunch is less important than its inevitability. Whether Social Security begins to spend more on paying benefits than it receives in taxes in 2017 or 2018 or any other specific year means much less than what these deficits will mean to our economy. Our children may be faced with the choice of paying retirement benefits to their parents or paying for programs that help their own children. That future is coming, and no amount of wishful thinking will change that.

The reason that Social Security's deficits are inevitable is fairly simple. Demographics are more predictable than most events. Millions of baby boomers will begin to retire in 2008, when those born in 1946 reach Social Security's early retirement age of 62. From then until 2025, every year will see another crop of baby boomers reach the 62 year-old threshold. Because the baby boomers have not produced enough children to replace themselves, the number of taxpaying workers will shrink.
(Socialsecurityreform.org) These following principles are essential to any successful reform of Social Security:

Fix Social Security now; future generations deserve a prosperous and sustainable Social Security program.
Act responsibly to financially secure the program without dampening the US economy with enormous tax increases.
Allow young workers the opportunity to take full advantage of the creativity and vitality of the US economy by establishing voluntary Personal Retirement Accounts.
Ensure that even investment amateurs will prosper by creating a low maintenance account structure that diversifies risk and locks in earnings as the investor nears retirement.
Secure such accounts within a framework of property rights that will allow them to control their own retirement plans and that will protect workers from arbitrary political decisions that might harm their financial security.
Strengthen family bonds and give younger workers of humble means a jumpstart on life by allowing PRA funds to be fully transferable as bequests to the children or grandchildren of the deceased. Those who die before or shortly after retiring should not lose the tens of thousands of dollars they paid into Social Security. Their families deserve better.
Preserve in their entirety the promised benefits of seniors, those approaching retirement, and the disabled.
Guarantee a minimum, above-poverty government benefit for all future retirees.
Create a sensible plan to fund the transition while recognizing that despite the cost a reformed Social Security would be far more secure, more prosperous, and less costly than the current system of empty promises. Social Security, the nation's retirement system, is one of the most popular government programs in U.S. history. But now that the first of the 76 million baby boomers have started retiring -- and are projected to live longer than any previous generation of Americans -- the question is how this program can be sustained.
Solutions Federally funded and governed US welfare began in the 1930's during the Great Depression. The US government responded to the overwhelming number of families and individuals in need of aid by creating a welfare program that would give assistance to those who had little or no income.

Welfare may be provided directly by governments or their agencies, by private organizations, or by a combination of both in a mixed economy model. The term welfare state is used to describe a state in which the government provides the majority of welfare services, or to describe those services collectively.
Welfare may be funded by governments out of general revenue, typically by way of redistributive taxation. Social insurance type welfare schemes are funded on a contributory basis by the members of the scheme. Contributions may be pooled to fund the scheme as a whole, or reserved for the benefit of the particular member. Participation in such schemes is either compulsory or the program is subsidized sufficiently heavily that most eligible individuals choose to participate. Eligibility for a Welfare program depends on numerous factors. Eligibility is determined using gross and net income, size of the family, and any crisis situation such as medical emergencies, pregnancy, homelessness or unemployment. A case worker is assigned to those applying for aid. They will gather all the necessary information to determine the amount and type of benefits that an individual is eligible for. Eligibility Requirements for State Welfare Program Since the start of the "war on poverty" in 1965, the United States has spent more than 5 trillion trying to ease the plight of the poor. What we have received for this massive investment is -- primarily -- more poverty.

Our welfare system is unfair to everyone: to taxpayers who must pick up the bill for failed programs; to society, whose mediating institutions of community, church and family are increasingly pushed aside; and most of all to the poor themselves, who are trapped in a system that destroys opportunity for themselves and hope for their children. Welfare Problems Old Age Survivors and Disability Insurance Monthly payments to retired or disabled people and to surviving members o ftheri families Medicare Medicare is a national health insurance program created and administered by the federal government in the United States to address the medical needs of older American citizens. Medicare is available to U.S. citizens 65 years of age and older and some people with disabilities under age 65. Unemployment Insurance Form of social insurance designed to compensate workers for short-term, involuntary unemployment. It was created primarily to provide financial assistance to laid-off workers during a period deemed long enough to allow them to find another job or to be rehired at their original job. Temporary Assistance for Needy Families is one of the United States of America's federal assistance programs. It began on July 1, 1997, and succeeded the Aid to Families with Dependent Children (AFDC) program, providing cash assistance to indigent American families with dependent children through the United States Department of Health and Human Services. TANF Food STamps A stamp or coupon, issued by the government to persons with low incomes, that can be redeemed for food at stores. Gitlow, a socialist, was arrested for distributing copies of a "left-wing manifesto" that called for the establishment of socialism through strikes and class action of any form. Gitlow was convicted under a state criminal anarchy law, which punished advocating the overthrow of the government by force. At his trial, Gitlow argued that since there was no resulting action flowing from the manifesto's publication, the statute penalized utterences without propensity to incitement of concrete action. The New York courts had decided that anyone who advocated the doctrine of violent revolution violated the law. Gitlow v New York Question:
Does the New York law punishing the advocacy of overthrowing the government an unconstitutional violation of the free speech clause of the First Amendment? Conclusion:
Threshold issue: Does the First Amendment apply to the states? Yes, by virtue of the liberty protected by due process that no state shall deny (14th Amendment). On the merits, a state may forbid both speech and publication if they have a tendency to result in action dangerous to public security, even though such utterances create no clear and present danger. The rationale of the majority has sometimes been called the "dangerous tendency" test. The legislature may decide that an entire class of speech is so dangerous that it should be prohibited. Those legislative decisions will be upheld if not unreasonable, and the defendant will be punished even if her speech created no danger at all. Civil Liberties
Civil Rights Edwards v. South Carolina Question:
Did the arrests and convictions of the marchers violate their freedom of speech, assembly, and petition for redress of their grievances as protected by the First and Fourteenth Amendments? The 187 petitioners in this case, all of whom were black, organized a march to the South Carolina State House grounds in which small groups of fifteen would walk in an open public area protesting the policies of segregation in their state. The march was peaceful, did not block pedestrian or vehicular traffic, and was conducted in an orderly fashion on public property. A group of approximately thirty police officers confronted the group and ordered its members to disperse or to submit to arrest. The marchers did not disperse, and instead began singing religious and patriotic songs like the Star Spangled Banner. They were arrested and later convicted on a charge of breach of the peace. Conclusion:
Yes. The Court held that the arrests and convictions violated the rights of the marchers. They were convicted of an offense which the South Carolina Supreme Court, in upholding the convictions, described as "not susceptible of exact definition." The evidence used to prosecute the marchers did not even remotely prove that their actions were violent. Hence, Justice Stewart found clear constitutional violations in this case. Stewart called the marchers' actions an exercise of First Amendment rights "in their most pristine and classic form" and emphasized that a state cannot "make criminal the peaceful expression of unpopular views" as South Carolina attempted to do here. Engel v. Vitale Question:
Does the reading of a nondenominational prayer at the start of the school day violate the "establishment of religion" clause of the First Amendment? The Board of Regents for the State of New York authorized a short, voluntary prayer for recitation at the start of each school day. This was an attempt to defuse the politically potent issue by taking it out of the hands of local communities. The blandest of invocations read as follows: "Almighty God, we acknowledge our dependence upon Thee, and beg Thy blessings upon us, our teachers, and our country." Conclusion:
Yes. Neither the prayer's nondenominational character nor its voluntary character saves it from unconstitutionality. By providing the prayer, New York officially approved religion. This was the first in a series of cases in which the Court used the establishment clause to eliminate religious activities of all sorts, which had traditionally been a part of public ceremonies. Despite the passage of time, the decision is still unpopular with a majority of Americans. Terry v. Ohio Question:
Was the search and seizure of Terry and the other men in violation of the Fourth Amendment? Terry and two other men were observed by a plain clothes policeman in what the officer believed to be "casing a job, a stick-up." The officer stopped and frisked the three men, and found weapons on two of them. Terry was convicted of carrying a concealed weapon and sentenced to three years in jail. Conclusion:
In an 8-to-1 decision, the Court held that the search undertaken by the officer was reasonable under the Fourth Amendment and that the weapons seized could be introduced into evidence against Terry. Attempting to focus narrowly on the facts of this particular case, the Court found that the officer acted on more than a "hunch" and that "a reasonably prudent man would have been warranted in believing [Terry] was armed and thus presented a threat to the officer's safety while he was investigating his suspicious behavior." The Court found that the searches undertaken were limited in scope and designed to protect the officer's safety incident to the investigation. Arnett V. Kennedy Question:
May the federal government dismiss a nonprobationary employee without a trial-type preremoval hearing? Must the federal government provide sufficiently precise guidelines as to what kind of speech might be made the basis for a removal action? Wayne Kennedy was a nonprobationary employee of the federal Office of Economic Opportunity. He was dismissed from his position after allegedly making recklessly false and defamatory statements about other OEO employees. Though he had the right under federal regulations to reply to the charges, he chose instead to sue the agency for interfering with his freedom of expression and denying him due process. A three-judge District Court agreed with Kennedy on the due process claim. Conclusion:
In a plurality opinion written by Justice William H. Rehnquist, the court held that the procedures established for the purpose of determining whether there is "cause" for Kennedy's dismissal satisfied the requirements of procedural due process. The court also held that standard of employment protection imposed by was not impermissibly vague or overbroad in its regulation of the speech of federal employees. The statute in question was not unconstitutional on its face. Penry v. Lynaugh Question:
Was Penry's sentence cruel and unusual punishment? Penry, a retarded man with the mental age of barely seven years, was convicted of murder and sentenced to death. During the trial's proceedings, the jury was not instructed that it could consider the mitigating circumstances of Penry's mental retardation in imposing its sentence.

The Court partially affirmed and partially reversed the lower court's decision. Justice O'Connor argued that the jury was improperly instructed and should have been told that it could have considered Penry's mental deficiencies when imposing its sentence. However, she rejected Penry's blanket claim that generally the Eighth Amendment does not allow death sentences for retarded defendants. The Media can influence the way people think and perceive politics or issues Bias Does not report well
Full transcript