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Civics semester 1 exam
Transcript of Civics semester 1 exam
regulates what it can do like taxes, defense, education, crime and health rings of
The power to make law ~ The ability to command or prevent action, or the ability to achieve a desired end. Executive-
The power to enforce law Judicial-
The power to interpret
law and settle disputes Types of Government Dictatorship
A Type of Government in which those who rule cannot held responsible to follow the wants of the general population. Power tends to belong to one or a very select group of people.
i.e Iran, Cuba, & North Korea
*"One does not simply 'walk' into a dictatorship...." Democracy
A type of government in which the responsibility for decisions lies on a majority of the population.
In democracy supreme authority lies with the people.
i.e. France, U.S. The State
A type of government in which a body of people who live in a defined territory and have organized politically (with a government). They
possess the power to make and enforce law for they are the highest authority in the
land. But to be a considered a state, one must pass certain qualifications otherwise.... As a state that is... Qualifications for a "state"
- Population- no minimum or maximum requirement
- Territory- with recognized boundaries; no size requirement
- Sovereignty- has supreme and absolute power within its territories and over its people
-Government- makes, enforces and interprets its own laws Four Theories of Power The Force Theory The Evolutionary Theory The Divine Right Theory The Social Contract Theory argues that the state arose out of
a voluntary act of free people one person or a small group claim
control of an area and force all
within to submit to them developed naturally out of the early family God created the state, those of royal birth had a "divine right" to rule Purpose of Government -Form a more perfect union- The Articles of Confederation were created to align the 13
original states (they did no do that very well) as intense jealousies occurred between
states. The Constitution proved however that through union there is strength
-Establish Justice- the law in both its content and its administration, must be reasonable,
fair and impartial
-Insure Domestic Tranquility- order in a society, keeping the peace at home
-Provide for the Common Defense- Defend the nation against foreign enemies and create
foreign policy which aids our security
-Promote the general welfare- Government should act as a servant its citizens (public
-Secure the Blessings of Liberty- personal freedoms which ensure your contentment Classifying Governments:
-Who can participate in the governing process?
-The Geographic distribution of governmental power within the state
-The relationship between the legislative (law making) and the executive (law executing)
branches of the government Democracy:
- supreme political authority rests with the people and is conducted only by
the consent of the people
- Direct Democracy- the will of the people is taken directly from the people (small town
-Representative Democracy- a small group of chosen individuals are elected to carry out
the will of those who elected them (U.S. and State Governments)- Sometimes referred
to as Indirect democracy But Who Can Participate
in a... Dictatorship- those who rule cannot be held responsible to the will of the people. The
government is not held accountable for its policies or how they are carried out. -Autocracy- a government in which a single person holds unlimited power
-Oligarchy- a government in which the power to rule is held by a small, usually self
appointed elite Geographic Distribution of Power
-Federal Government- powers of the government are divided between a central government and several local governments. Both levels of government act directly on the people through their own sets of laws, officials and agencies
-Confederate Government- an alliance of independent states. A central government
organization, the Confederate Government only handles those matters that member
states assign to “it”.
-Unitary Government- all powers held by the government belong to a single, central
agency. The central government may create local governments Presidential Government
-the executive and legislative branches of government are
separate, independent of one another and coequal. The President (chief executive) is
chosen independently of the legislature, holds office for a fixed term (4 years, 2 term
limit) and has broad powers not subject to the direct control of the legislative branch. Parliamentary Government
-the executive is made up of the prime minister or premier, and that official’s cabinet. The prime minister is a member of the majority party and is chosen by the governing body (much like the house speaker). The Parliament has to approve all cabinet appointments and is subject to control of the legislative branch as it is a member of it. It looks like a "complicated" relationship.... Free Enterprise System- an economic system characterized by private ownership of capitol goods, investments made by private decision, not by the government, and success and failure is determined by the marketplace.
Four Fundamental Factors
• Private Ownership
• Individual Initiative
• Competition The Law of Supply and Demand
When supplies of goods and services are plentiful, prices tend to drop (Candy Bars).
When supplies become more scarce, prices tend to rise (Lamborghinis). Mixed Economy
in which private enterprise exists in combination with a considerable amount of government regulation and promotion (e.g. antitrust laws, pure food and drug laws, anti-pollution standards, and city and county zoning ordinances and building codes. Government Organization
-Ordered (Structured) Government- Colonists from England saw the need for orderly regulation of their relationships with one another. -Representative Government- The idea that government should serve the will of the people. The system of government in which public policies are made by officials who are selected by the voters and held accountable to them in periodic elections Limited Government
-The idea that government is not all-powerful. The basic principle of the American system of government; that government is limited in what it may do, and each individual has certain rights that a government cannot take away. Landmark English Documents The Magna Carta-
established the principle of limited government and fundamental rights of English citizens. This 1215 document introduced such fundamental
rights as trial by jury and due process of law. The Petition of Rights
limited the monarch's authority and
elevated the power of Parliament while extending the rights of the individual. Challenged
the idea of the divine right of kinds, declaring that even a monarch must obey the law of
the land. Each colony was established on the basis of a charter, a written grant of authority from
the king. The English Bill of Rights-
redefined the rights of Parliament and the
rights of individuals. No standing army, required parliamentary elections -Royal Colonies- were subject to the direct control of the crown and run by appointed governors, who were advised by council. For a period of more than 100 years, from the formation of colonial governments in the
1600s until 1760, the colonies were very much like sovereign states, although they were
united under the central government in England. -Pattern of government:
King named governor. Council also named by king, who was advisory. In time, council became the upper house of the colonial legislature. Bicameral (two-houses) It also was the highest court in the colony. The lower house was elected by those property owners qualified to vote. In Royal colonies, the governors and their councils shared the power of the purse. Judges were appointed by governor, with advice of council. Laws passed required approval of governor and king. Royal Control
1. Because of the great distance from England to America, royal control of the
colonies was relaxed for much of the colonial period. Self-government made more
possible. 2. Each colonial legislature assumed broad lawmaking powers. Power of the purse became very important. Colonial legislatures held the power to vote on money to pay the governor's salary, thus, they were able to persuade governors to bend to their will. 3. After 1760 Parliament imposed new taxes and restrictive regulations, (largely to
support British troops in North America), acts that provoked colonial protests of "no
taxation without representation." -Proprietary Colonies- were owned by wealthy individuals who appointed governors, who were advised by councils. Unicameral (one house). 5. The colonists considered themselves British subject loyal to the crown, but took
issue with Parliament's right to control their local affairs. Colonists resented having to
pay taxes that they had no part in levying. -The Charter Colonies- were governed by the colonists themselves through elected governors, who were advised by councils. Charters granted to the colonists themselves. Bicameral legislature whose laws were not subject to the approval of the crown or governor. Judges appointed by legislature, but appeals to the king. England and the colonies.. 1. Early Attempts- In the 1600s some colonies banded together temporarily to defend themselves (against Native Americans) forming the New England Confederation, but the
experiment of a union failed. 2. The Albany Plan- Franklin's Albany Plan of Union called for annual meetings to deal with issues of common concern, but the colonial governments turned down the plan 3 . The Stamp Act Congress- Harsh tax and trade policies caused colonists to meet to denounce the practices and to organize boycotts and other acts of protest. A boycott is the refusal to buy ot sell an opponent's goods in order to influence his/her behavior. Prepared Declaration of Rights and Grievances against the British policies and sent it to
the king (George III). 4. New law passed to tie colonies closer to Crown. Rebellion and boycotts ensued. To boycott is to act together in abstaining from using, buying, or dealing with as an expression of protest or disfavor or as a means of coercion. 5. March 3, 1760, Boston Massacre took place, with British troops firing into a jeering
crowd, killing 5. Growing Colonial Unity 4. Colonists saw little need for presence of troops since the French had been defeated
and their power broken in the French and Indian War. The First Continental Congress
1. In 1774 the Intolerable Acts caused colonists to send delegates to a meeting (FirstContinental Congress) to discuss matters and to make plans for action.
2. By 1776 the colonists' unhappiness with taxation without representation came as a surprise to the British King. The Congress sent a Declaration of Rights to the King,protesting taxes and restrictions. The Second Continental Congress
1. In 1775 Second Continental Congress met, but by now the Revolution had begun. Notable newcomers included Franklin and Hancock. Hancock was selected president.
2. The Congress organized a government and established an army, led by George Washington.
3. The Second Continental Congress served as the first national government until the Articles of Confederation went into effect. From the signing of the Declaration of Independence to March 1, 1781.
4. The Congress was unicameral, exercising both legislative and executive powers. Each colony had one vote. Executive functions were handled by committees of delegates. The Declaration of Independence
1. The Declaration announced the United State's independence from Great Britain and
listed the reasons for rebellion. Almost all the work was Jefferson's. Independence is
announced in first paragraph, remainder listed reasons for rebellion.
2. The Declaration listed various "self-evident" truths. The First State Governments
1. Congress urged each colony to adopt their own constitution.
2. Most States wrote and adopted their own constitutions. The first State constitutions
differed, sometimes widely, in detail. Yet they shared many common features. What they
did have in common though, included very little real power vested in the governor;
political authority given to the legislatures; and, short elective terms.
3. A constitution is that system of fundamental laws and principles that prescribes the
nature, functions, and limits of a government or another institution. Common Features of New States
1. Popular Sovereignty- The States' governments existed by the consent of the governed. Popular sovereignty is that principle that insists that government can exist and function only with the consent of the governed. It is the people who hold the power; it is the people who are sovereign
2. Limited Government- The power of the State's governments was restricted.
3. Civil Rights and Liberties- Each State clearly announced the rights of its citizens.
Seven of the new constitutions contained a form of a "bill of rights."
4. Separation of Powers and Checks and Balances- Each new State government was
organized with independent branches of government. The first years of the United States were very difficult. Although the colonies had agreed
that they wanted independence from England, no real and permanent National
Government existed. The First National Constitution The Articles of Confederation
-Formed a confederation among the States. Formal ratification was needed.
-Articles established "firm league of friendship" (aka a fellowship) among the States who came together "for their common defense and security of their liberties and their mutual and general
-Ratification- The process of securing formal approval. Government Structure
-Government under the Articles was a unicameral legislature with no executive or judiciary.
-Delegates chosen annually, as determined by the States.
-No executive or judiciary (functions handled by committee of Congress).
-Congress chose one of its members as "president," but not President of the United States. Powers of Congress
-Most powers related to common defense and foreign affairs. Weaknesses
-The government lacked the power to tax, or to regulate trade between the States, and had no power to make the States obey the Articles.
-Congress had no power to regulate trade between the States. Could exercise powers only with the consent of 9 of 11 State delegations.
-Amendments were never added to the Articles of Confederation because they required the consent of all 13 State legislatures. The Critical Periods, the 1780s
-Revolutionary War ended with Treaty of Paris in 1783.
-Disputes among the States highlighted the need for a stronger, more effective National Government. Bickering, distrust and jealously. Several entered treaties with foreign governments, although prohibited.
-Economic chaos also resulted from a weak central government. Minted their own money, taxed each other's goods. Debts went unpaid. Violence broke out in several places, including Shay's Rebellion which was a protest against the loss of their property to tax collectors.
-Demands grew for stronger government. Movement grew in 1785. The Meetings at Mount Vernon and Annapolis
-Maryland and Virginia, plagued by trade problems, agreed to a trade conference for
the purpose of recommending a federal plan for regulating commerce. First met at
Alexandria, VA in March, 1785. Moved to Mount Vernon at Washington's invitation.
Virginia Assembly called to a "joint meeting of all the States to recommend a federal
plan for regulating commerce." Joint meeting set for Annapolis, MD to discuss trade, but only 5 of 13 States attended. Another meeting called for Philadelphia.
-A majority of States convened in Philadelphia to improve the Articles of
Confederation. This meeting became the Constitutional Convention The Framers
-The delegates to the Constitutional Conventions were young, average age of 42.
-They were remarkably well educated and experienced in politics. Of 74 delegates,
thirty one had attended college. Organization and Procedure
-George Washington was elected president of the convention.
-Procedural, each State could cast one vote on an issue, and a majority of votes were needed to carry any proposal. Rule of secrecy in effect.
-James Madison kept Notes and was held in highest esteem. Became a floor leaderand deservingly has title of "Father of the Constitution." The Decision to Write a New Constitution
-The Philadelphia Convention was called to revise the Articles of Confederation.
-Most delegates agreed that writing a new constitution was necessary.
-Edmund Randolf of Virginia moved that a national government be established consisting of the three branches of government. With that, convention moved from revising Articles of Confederation to writing a new constitution. The Virginia Plan
-The Virginia Plan called for a strong National Government with three separate branches.
-Legislature would be bicameral; representation based on population or on amount of money State gave to support national government.
- Members of House of Representatives elected by popular vote. Senate members chosen by the House from lists of persons nominated by the State legislatures.
-It favored large States because the number of votes in the legislature would be based on a State's population.
-Congress would choose a national executive and a national judiciary. The New Jersey Plan
-The New Jersey Plan resembled the Articles of Confederation, but with increased power of the Federal Government to tax and regulate trade.
-It favored small States because each state was
given equal representation in the legislature. The Connecticut Compromise
-Disagreement over representation in Congress caused tempers to flare.
-The Connecticut Compromise settled the conflict.
-Congress to be composed of two houses. In Senate, equal representation. In House, based on population.
-Often called the "Great Compromise" in that it settled a primary dispute. The Three-Fifths Compromise
-The question arose of whether slaves should be counted in the populations of Southern States. Southern States conveniently suggested that they should be counted. Northerners obviously took the other side.
-The delegates agreed to count slaves as three-fifths of a person for purposes of
representation and taxation. The Commerce and Slave Trade Compromise
-Congress was forbidden to tax exports. Southerners feared taxation on tobacco exports.
-Congress could not act on the slave trade for at least 20 years. A "Bundle of Compromises"
-Great differences of opinion existed among the delegates.
-Compromise was necessary on many issues.
-Framers agreed on many basic issues, e.g., central government, popular sovereignty, limited government, representative government, separation of powers, and checks and balances. Sources of the Constitution
-The Framers were all well educated.
-Delegates drew from history, current political thought, and from their own experiences.
-Much of the language came from the articles. Number of provisions came from State
constitutions. The Convention Completes Its Work
-The convention approved the Constitution.
-Most delegates agreed that the Constitution was not perfect, but was the best that they could produce. Ratifying the Constitution:
The Fight for Ratification Federalists -supported the ratification of the Constitution
-led by those who attended the Philadelphia Convention (i.e. James Madison and Alexander Hamilton)
-stressed the weaknesses of the Articles vs. Anti-Federalists -those who opposed the ratification of the Constitution
-led by Revolutionary War figures (i.e. Patrick Henry, John Hancock)
-objected that it didn't mention God, that States couldn't print money, and features of the Framers' proposals Two major features of the proposed Constitution
drew the heaviest fire: 1. the greatly increased powers of the central government
2. the lack of a bill of rights Nine States Ratify Delaware was the first state to ratify. New Hampshire brought the number of ratifying States to nine on June 21, 1788 Constitution wasn't brought into effect because neither Virginia nor New York was ratified Four Days Later... Virginia is finally Ratified -this was because George Washington was able to convince Thomas Jefferson to support the document If Jefferson had fought like the other Anti-Federalists did, Virginia would have NEVER ratified the Constitution New York: The Last Key State -ratified after a long battle
-gave rise to a remarkable campaign document: The Federalist
-this was a collection of 85 essays supporting the Constitution
- first published as letters to various newspapers and soon collected in book form These remain an excellent commentary on the Constitution and are among the best political writings in the English language. Inaugurating the Government -New York became the nation's temporary capital
-first Wednesday in January: states choose Presidential electors
first Wednesday in February: electors will vote first Wednesday in March: inauguration of the new government
- because of the Congress' lack of majority, Washington wasn't inaugurated until April 30, 1789 The Constitution Guantanamo Bay Main Points of Interest -It is the oldest overseas U.S. Navy Base, and the only one in a country with which the United States does not have diplomatic relations.
-The Cuban government opposes the presence of the naval base.
-The naval base has contained a military prison, the Guantanamo Bay detention camp, for persons alleged to be unlawful combatants captured in Afghanistan and later in Iraq.
-The mistreatment of some prisoners, and their denial of protection under the Geneva Conventions, has been a source of international controversy. Basic Principles:
- Popular sovereignty- people are the only source for any and all governmental power.
-Limited Government- no government is all powerful and it only does the things that people have given it the power to do.
-Separation of powers- distributes into 3 branches which have checks and balances.
-Checks and balances- each branch is subject to a number of constitutional checks by the other branches
-Judicial review- the power of a court (the supreme court) to determine the constitutionality of a government action.
-Federalism- the division of power among a central government and several regional segments. Concerns Article 2 -harsh conditions for the prisoners (i.e. only one hour of exercise, hardly any food, etc.)
-violent interrogation techniques take place there (i.e. hardly any sleep/food, hypothermia, etc.)
-is affecting the world's views of the U.S. Formal Amendment Process:
(Additions/ changes to the Constitution) Method 1. proposed by 2/3rds vote in each house of congress and ratified by 3/4 of the legislatures
Method 2. proposed by congress and then ratified by 3/4ths of the states
Method 3. proposed by a national convention and called b congress at the request for 2/3rds of the state legislatures
Method 4. proposed by a national convention and ratified by conventions in 3/4ths of the states North Korean Communism Proposed Amendments:
-when both houses pass a resolution proposing an amendment it is sent to the states
-more than 10,000 joint resolutions have been proposed. 33 of them sent to the states. only 27 have been ratified
-unratified amendments include voiding the citizenship of people receiving foreign honors, distribution of the house, regulation of child labor, laws regarding slavery, equal rights of women, and D.C. representation
*once a state has approved an amendment it is permanent
**Under the 5th article no state without its consent shall be deprived of its equal suffrage in the senate Main Points of Interest V.S. -North Korea's citizens worship their leader, Kim Jong-Un (since his father Kim Jong-Il died in December 2011)
-Communism started in North Korea after the Korean War in 1950
-Russian Communism was a big influence on North Korean Communism *amendments 1-10 are the bill of rights Ratified amendments Basic Legislation -"The flesh" of the Constitution created by congressional means
-Congress caused constitutional change
-passed laws to spell out several of the Constitutions brief provisions Executive action -The manner "fist" in which various presidents have used their powers (which has contributed to the growth of the Constitution)
i.e. presidents using armed forces without congressional consent Concerns -North Korea does not allow any citizens to escape
-Any citizens who oppose Kim Jong-Un will be sentenced to harsh punishment or even execution.
-Implication of brainwashing citizens
-Sheltered from the outside world Party practices:
-mainly a 2 party system (currently Democrats and Republicans)
-Neither the Constitution nor any law provides for the nomination of candidates for the presidency
-play towards the electoral college
-the "digestive system" (the arguments and grudges that they hold against each other instead of getting stuff done is full of crap)
*Washington during his farewell address warned against political parties Custom -not written but have been developed/adopted in our governmental system "everything else"
-ex. the 15 cabinet positions
-ex. the presidential term limits (before FDR) Judicial
"Brain" Party Practices
"Digestive system Framework of
"everything else" Basic Legislation:
"flesh" The United States Government (in general)
"heart" Putting the Constitution Together: China's One Child Policy Main Points of Interest -policy only allows Chinese to have one child
-if they want another child, they must pay a fine
-Due to this fact, many parents will abandon a child due to gender preferences (boys are preferred)
-this causes a gender imbalance Concerns -There are too many children put into foster homes
- Gender imbalance (boys outnumber girls)
- China has resorted to allowing people in other countries to adopt abandoned children. Sierra Leone: Blood Diamonds Main Points of Interest -Sierra Leone is the area where the rebel war began in 1991 and - not coincidentally - the place where most of the country's diamonds are found.
-A blood diamond is a diamond mined in a war zone and sold to finance an insurgency, invading army's war efforts, or a warlord's activity.
-It is now a huge mining industry, as long as there are no war crimes being committed because of them. Amendment 1 "freedom of speech" -part of the bill of rights
-Freedom of religion, speech, assembly, and the press
-influenced by the Peter Zinger trial, and events that lead up to both the colonization and independence of the colonies
-limited: speech/press that has the potential to cause harm to others, the government, someone's business, or obscene Concerns Amendment 2 "right to 'bear' arms" - war crimes have been committed because of these diamonds and it is possible to happen again
-many Africans are made into slaves and tortured in the mining process
-blood diamonds are illegal in the United States, however we see them enter the US a lot of times, along with regular diamonds -part of the bill of rights
-gives the right to own a firearm
-influenced by the Revolutionary
war and Native American raids. Amendment 3 "Quartering troops"
-part of the bill of rights
-no soldier shall be quartered in any house without consent of its owner in times of PEACE <-limitation
-influenced by Britain forcing colonists to quarter troops during the French and Indian war Amendment 4 "searches and seizures "
-part of the bill of rights
-the right of the people to be protected against search and seizure without a written warrant
-evidence gained without a warrant can not be used at the court trial of the person whom was searched
-limitations: can be overturned by the supreme court under particular circumstances Amendment 5 "Criminal proceedings/due process"
-part of the bill of rights
-A person can be tried for a serious federal crime only if he or she has been charged by a grand jury
-no one can be subjected to 'double jeopardy' so many puns Amendment 6 "Right to a speedy trial"
-part of the bill of rights
-right to be tried in court without undue delay by an impartial jury
-defendant must be informed of the charge which is to be tried
-right to an attorney
-limitations: speedy trial may take a year or more due to delay in the court system Amendment 7 "Civil trials"
-part of the bill of rights
-right to trial by jury
-limitations: civil trials and has to exceed $20*
(*unless if both parties agree to a bench trial) Amendment 8 "protection from cruel or unusual punishment"
-part of the bill of rights
-no excessive bail or cruel or unusual punishment
-Limitations: depending on the crime some states still have the death penalty (like Texas) Amendment 9 "unencumbered rights"
-part of the bill of rights
-expressly provides more protection against the government, does not mean there are other rights held by the people because they are not mentioned Civil Liberties: First Amendment Freedoms The Unalienable Rights Amendment 10 "powers reserved to the states"
part of the bill of rights
-identifies the area of power that might be exercised by the state
-all powers not granted to the national government are given to the states Civil Liberties- the guarantees of the safety of persons, opinions, and property from the arbitrary acts of government, including freedom of speech and freedom of religion
Civil Rights- a term used for those positive acts of government that seek to make constitutional guarantees a reality for all people, e.g., prohibitions of discrimination Amendment 11 "suites against states"
-influenced by "Chisholm v. Georgia"
-limits jurisdiction of the federal courts against a citizen of another state
-later interpretations expand to instate citizens as well Amendment 12 "Election of the president and vice president"
-in past elections the candidate in first would become president and the candidate in second would become vice president
-problems occurred when the president and vice president were of different political parties thus causing the inablitity for getting anything done and the possibility of plotting for the one party in power to kill another to seize power
-influenced by the election of 100 Adams vs Jefferson Limited Government- basic principle of American government which states that government is restricted in what it may do, and each individual has rights that government cannot take away Amendment 13 "slavery and involuntary solitude"
-forbids slavery in the united states and any territories under its control
-forbids forms of forced labor
-limitations:except for punishments for a crime Amendment 14 "rights of citizens"
-makes naturalization the legal process by which one acquires citizenship
-forbids a states (audits local governments) to discriminate against people Amendment 15 "African Americans gain suffrage"
-last reconstruction amendment
-forbids states from discriminating against anyone due to race, color, or prior history as a slave in the setting of suffrage qualifications The Constitution guarantees many different rights to everyone in the US. Still, no one has the right to do anything he or she pleases.
All persons have the right to do as they please as long as they do not infringe on the rights of others (i.e. starting a riot, using obscene language, etc.) Amendment 16 "Income tax"
-gives congress the power to levy an income tax without having to regulate states
-"Pollock v. Farmers" Loan influenced this amendment Amendment 17 "election of senators"
-progressive era amendment
-senators are now elected by the people of each state like representatives are
-brought the government closer to the people Rights can also conflict each other such as the freedom of the press and the right to a fair trial (i.e. the Sheppard v. Maxwell case) Amendment 18 "prohibition"
-progressive era amendment
-influenced by the temperance movement which originated in the 1800's
-thought that alcoholism was the cause of many problems in the country
-repealed by the 21st amendment
-illegalized the making, selling, transportation, importing, and exporting of alcoholic beverages in the U. S. If you have seen The Fugitive you will understand haha Amendment 19 "women's suffrage"
-progressive era amendment
-no person could be denied the right to vote on the account of gender
-influenced by the long running feminist movement Most constitutional rights are extended to all persons. The Supreme Court has often held that "persons" covers aliens as well as citizens (not UFOs).
Not all rights are given to aliens, however. Thus, the right to travel freely throughout the country is guaranteed to all citizens, but the travel of aliens can be restricted. Amendment 20 "Lame duck"
-influenced by "Marbury v. Madison case"
-shortened lame duck period
-closed gap in presidential power by speaking of what will happen if a president dies before sworn in Amendment 21 "repeal of prohibition"
-repealed prohibition partially due to:
-the Great Depression
-rise in organized crime Amendment 23 "Electors for D.C."
-given some representation after having to pay taxes and be part of the military for years
-limitations: does not make D.C. a state Amendment 22 "Presidential tenure"
-made after FDR died during his 4th term
-two term limit was set example by Washington
-established an official two term limit Amendment 24 "Right to vote in federal elections: tax payment"
-outlawed the payment of any tax as a condition to take part of the election process fora federal office
-caused by the poll tax that kept many African Americans away from voting in the south Amendment 25 "Presidential succession"
-influenced by Eisenhower's several medical issues that waged a power vacuum that allowed Nixon to become an "Acting President" while Eisenhower was incapacitated Amendment 26 "18 to vote"
-lets people vote at the age of 18
-influenced by the drafting age during the Vietnam war
-prior voting age was 21 Amendment 27 "Congressional pay"
-limits congress's power to fix the salary of its members
-by delaying the effectiveness of any increase in that pay until after the next regular congressional election Freedom of Religion Freedom of Expression
-free trade in ideas and is protected by the 1st and 14th amendments establishment clause - establishment of religion
free-exercise clause- free practice of religion without interference from the government
-limitations: certain practices such as snake handling are illegal in some states Separation of church and state
-separated but its a penetrable wall
-reference to "God" in national anthem and on money
-state taxation to support religious institution's property Religion and Education
-programs that allow public schools to release students during school to attend religious classes were struck down in "Mecollum v. Board of education"
-although in "Zorach v. Clauson" New York upheld these programs Prayer and the Bible
-in "Engel v. Vitale it outlawed use of a prayer written by the New York state Board of Regents
- in "Arlington School District v. Schempp" -struck down a Pennsylvania law requiring that each school day begins with the reading of the Bible
-Kentucky law that ordered the posting of the 10 commandments in all public schools (Stone v. Graham)
-Alabama's "moment of silence law" (Wallace vs. Jaffree)
-offering prayer as part of a graduation ceremony in Rode Island (Lee v. Weisman)
-Texas school policy to lead a prayer at high school football games Student Religious Groups
-Equal Access Act of 1984 declares that any public high school that receives federal funds must allow student religious groups to meet in the school on the same terms that it sets up for other religious organizations
-wasn't declared unconstitutional Evolution
-in "Epperson v. Arkansas" the court struck down a law that forbids the teaching of Evolution in schools
-"Edwards v. Aguillard" the court struck down a law that would allow teachers to teach Evolution as long as they also taught Creationism Aid to Parochial Schools
-main question: what forms of aid to parochial schools are constitutional?
-several states give help to private schools (including church schools) for funding
-idea argues that they are funding the kids that would otherwise have been educated at the public's expense
-opponents argue that parents who choose to send their children to parochial schools should accept the financial consequences of their choice Lemon test
-three-pronged principle that picks its way through cases involving state and the parochial schools
1. the purpose 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 Seasonal Displays
-in "Lynch v. Donnelly" the court held that the city of Pawtucket, Rode Island could include the Christian nativity scene in its holiday display which also featured santa and candy canes
-In "County of Allegheny v. ACLU" the court ruled that the county's seasonal display endorsed Christian doctrine and therefore violated the first and 14th amendments Chaplains
-Daily sessions of Congress start with prayer
-ruled as "permissibly constitutional" in "Marsh v. Chamber" Freedom of speech and the press Seditious speech- the advocating or urging of attempting to overthrow the government by force or to disrupt its lawful activities by violent acts Alien and sedition Acts
-passed under Adams
-limited freedom of speech
-any criticism of the government is a crime Obscenity
-it is classified as obscene if...
1. the average person applying contemporary community finds that the work, taken as a whole, appears to excite lust
2. work depects or describes a form of sexual conduct in a patently offensive way
3. the work taken as a whole lacks serious literary, artistic, political, or scientific value Prior restraint
-The constitution allows government to punish some utterances after they are made but, with almost no exceptions, governmeny cannot place any prior restraint on spoken or written words except in the most extreme situations Symbolic speech- ideas communicated by conduct or body language
picketing- involves patrolling of a business site by workers who are on strike The freedom of Assembly and petition Freedom of assembly
-to gather with one another to express their views on public matters and bring their views to the attention of public officials Time-Place manner regulations
-government can make and enforce reasonable rules covering the time, place, and manner of the assembly
-rules for keeping the public peace must be more than reasonable but also precisely drawn and fairly administered
-must be content neutral -> cannot regulate what might be said Public property
-public places like streets, sidewalks, parks, public buildings, etc.
-due to conflict caused by demonstrations, the supreme court has often upheld laws that require advance notice and permits for demonstrations in public places Private property
-the rights of assembly and petition do not give people a right to trespass on private property even if they wish to express political views
-can not hand out political leaflets or have people sign petitions in those places Freedom of Association
-these guarantees include the right to associate with others to promote political, economic, and other social causes Civil Liberties: Protecting Individuals
Rights Due Process of Law Due Process- the government must act fairly and in accord with established rules in all that it does
Procedural Due Process- the government must employ fair procedures and methods
Substantive Due Process- the government must create fair policies and laws
Examples of due process- The Rochin v. California case and the Pierce v. Society of Sisters case Police Power- the authority of each State to act to protect and promote the public health, safety, morals, and general welfare of its people The Right of Privacy- the right to be free, except in very limited circumstances, from unwanted governmental intrusions into one's privacy Freedom and Security of a Person Until 1865 when the 13th Amendment was written, each State could decide for itself whether to allow slavery. Once the 13th Amendment was passed that power was denied to them and the National Government
Involuntary Servitude- Forced Labor; this still continued to exist even after the 13th Amendment until 1918 when the Court drew a distinction between "involuntary servitude" and "duty" in upholding the constitutionality of the selective service system
Discrimination- Bias; unfairness; the Court said that discrimination did not place the "badge of slavery" on African Americans or keep them in servitude The Rights to Keep and Bear Arms This was added to the Constitution to protect the right of each State to keep a militia. Its aim was to preserve the concept of the citizen-soldier, however the Supreme Court has never really accepted that interpretation Security of the Home and Person (See the 3rd and 4th Amendments)
Probable Cause- reasonable grounds, a reasonable suspicion of crime
Arrests- when officers make a lawful arrest, they do not need a warrant to search the area, provided that they have probable cause
Automobiles- An officer needs no warrant to search an automobile, boat, airplane, or some other vehicle when there is probable cause Exclusionary Rule- evidence gained as the result of an illegal act by police cannot be used against the person from whom it was seized
Drug testing- involves searching persons for possession or presence of drugs in the person
Wiretapping- an act or instance of tapping telephone or telegraph wires for evidence or other information Rights of the Accused Habeas Corpus- a court order which prevents unjust arrests and imprisonments
Bill of Attainder- a legislative act that inflicts punishment without a court trial
Ex Post Facto Law- a law applied to an act committed before its passage
Grand Jury- the formal device by which a person can be accused of a serious crime Double Jeopardy- part of the 5th Amendment which says that no person can be put in jeopardy of life or limb twice; once a person has been tried for a crime, he or she cannot be tried again for the same crime
Speedy Trial- ensures that the government will try a person accused of a crime without undue delay
Public Trial- a trial must be public, HOWEVER, a trial can't be too speedy or public
Trial by Jury- a person accused of a federal crime must be tried by an impartial jury Adequate Defense- every person accused of a crime has the right to the best possible defense that circumstances will allow
Self-incrimination- no person can be compelled in any criminal case to be a witness against himself Punishment Bail- a sum of money that the accused may be required to post (deposit with the court) as a guarantee that he or she will appear in court at the proper time
Preventative Detention- a law which allows federal judges to order that an accused felon be held, without bail, when there is good reason to believe that he or she will commit yet another serious crime before trial Cruel and Unusual Punishment- the 8th Amendment forbids cruel and unusual punishment such as electrocution, burning at the stake, etc.
Capital Punishment- the death penalty
Treason- betrayal of one's country; in the Constitution, by levying war against the United States or offering comfort or aid to its enemies 10 Themes in 1984 and their real world counterparts: 1. Rewriting history
~Real world example:
Authors have been forced to alter the Jewish history in textbooks, and Texas rewriting history textbooks concerning the Civil War 3. Lack of Privacy
~Real world example:
Patriot Act making the government able to wiretap and keep records of websites legally without a warrant 4. When the gap between the rich and poor keeps on increasing there is a seed of rebellion among the pople.
~Real world Example:
Egypt and Syria 6. Betrayal
Real world example:
Brutus backstabbing Julius Caeser his best friend in the floor of the senate 2. Not being able to love who
you want to love
~real world example:
Gay rights 8. Finding allies.
~real world example:
Allied forces during WWII 5. Finding hope in tough times
~real world example:
People keeping hope during the Great depression 7. Obeying questionable laws
~Real world example:
Early America under the Alien and Sedition acts 9. Searching for peace
~Real world example:
The Veteran’s Peace Movement 10. Rebellion against government.
~Real world example:
Syrians revolting against the government ? Fin