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First Semester


Brittany Copenhaver

on 9 January 2013

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Transcript of First Semester

The Four Theories of Power: TERRITORY POPULATION SOVEREIGNTY GOVERNMENT Democracy: A form of Government in which the supreme authority rests with the people. Classifying government according to: * Who can participate in the governing process
* The geographic distribution of governmental power
within the state.
* The relationship between thee legislative and the executive branches of the government. Legislative Branch: The power to make law and to frame public policies. Judicial Branch: The power to interpret laws, to determine their meaning, and
to settle disputes that arise within
the society. Executive Branch: The power to execute,
enforce, and administer
law. Who can participate ? Autocracy A system of government in which a supreme political power is concentrated in the hands of one person, whose decisions are subject to neither external legal restraints nor regularized mechanisms of popular control. Oligarchy Form of power structure in which power effectively rests with a small number of people. The Purposes of Government: Insure Domestic
Tranquility Promote the General Welfare Secure the Blessings of Liberty Geographic Distribution of Power : A unitary state is a state governed as one single unit in which the central government is supreme and any administrative divisions exercise only powers that their central government chooses to delegate. Relationship between Legislative and Executive Branches Foundations Worth of the Individual Equality of all persons Majority Rule Minority Rights Necessity of Compromise Individual Freedom Democracy and the Free
Enterprise System It does not rely on government to decide what items are to be produced, how much of any particular item should be produced, or how much any item is to sell for. Rather, those decisions are to be made by the market, through the law of supply and demand. The Government and the Free Enterprise An economy in which private enterprise exists in combination with a considerable amount of government regulation and promotion. Democracy and the Internet Using the Internet, and other Information Communication Technologies, to further democratic ideals and forms of governance through “the Internet’s information flow, augmented by ever increasing rainfalls of data, constantly altering people’s knowledge of public affairs and more broadly the political relations of citizens within and between societies. ”In numerous instances, social media sites, such as Facebook, Twitter, Word press and Blog spot, are used heavily to promote democracy. Basic Concepts
of Government Ordered Government:
a form of government with orderly regulations between all parts of government and state. Limited Government:
the power of government to intervene in the exercise of civil liberties is restricted by law Representative Government:
an electoral system whereby the citizens get to vote to elect people who can represent their interests and concerns. Those elected get to debate and make laws on behalf of the whole community or society. English
Documents: Magna Carta: Magna Carta was the first document forced onto a King of England by a group of his subjects, the feudal barons, in an attempt to limit his powers by law and protect their privileges. It was preceded and directly influenced by the Charter of Liberties in 1100, in which King Henry I had specified particular areas where in his powers would be limited. The Petition of Rights: a major English constitutional document that sets out specific liberties of the subject that the king is prohibited from infringing. An act passed by Parliament in 1689 which limited the power of the monarch. This document established Parliament as the most powerful branch of the English government. English Bill of Rights: British Colonial Policies: The union of England and Scotland in 1707, promoted domestic industry, foreign trade, fisheries, and shipping by planting colonial settlements in the New World and exploiting its resources through such commercial companies as the Hudson's Bay Company and the South Sea Company. Growing Colonial Unity 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. 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. 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. The First Continental Congress: * In 1774 the Intolerable Acts caused colonists to send delegates to a meeting (First Continental Congress) to discuss matters and to make plans for action.
* 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. In 1775 Second Continental Congress met, but by now the Revolution had begun. Notable newcomers included Franklin and Hancock. Hancock was selected president.
* The Congress organized a government and established an army, led by George Washington.

* 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.

* The Congress was unicameral, exercising both legislative and executive powers. Each colony had one vote. Executive functions were handled by committees of delegates. The Second Continental Congress The Deceleration of Independence: 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. The First State Constitutions: Congress urged each colony to adopt their own constitution. 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. The Articles of Confederation: Formed a confederation among the States. Formal approval, i.e., ratification was needed. Articles established "firm league of friendship" among the States who came together "for their common defense and security of their liberties and their mutual and general welfare."

* 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.

*State Obligations — The States agreed to accept several obligations to the central government, but retained many powers of government for themselves. Required to give full faith and credit, and generally accept horizontal federalism. States retained powers not given to the Congress.

*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. The main reason that no amendments were ever added to the Articles of Confederation was that amendments needed 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 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 need for a
stronger government 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. Mount Vernon
Annapolis Framers: Those who actively were involved in the drafting of the Constitution.
* 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. The Framers: Organization & 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 leader and 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.
a. Legislature would be bicameral; representation based on population or on amount of money State gave to support national government.
b. 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.
a. Congress to be composed of two houses. In Senate, equal representation. In House, based on population.
b. 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 n 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. The Fight for Ratification Remember that under the Articles of Confederation, unanimity of the states was required for changes. That is what led to the drafting to a new constitution. Under the new constitution, nine of the states had to ratify. Not a simple majority of the states.
* Federalists favored ratification, stressing the weaknesses of the Articles. Included James Madison and Alexander Hamilton. Wanted more federal power.
*Anti-Federalists opposed it, attacking ratification process, absence of mention of God, to the denial to the States of a power to print money. Included such notables as Patrick Henry, John Hancock and Samuel Adams. Included two future Presidents, Jefferson and Monroe. The Anti-Federalists were so powerful during the ratification process largely because many of their leaders had also led during the Revolutionary War. Debate about ratification involved the follow objections, among others:
(a) the increased power of the central government (MAJOR OBJECTION);
(b) the Constitution lacked bill of rights (MAJOR OBJECTION);
(c) God was not mentioned in the document(d) the Constitution did not allow States to print money.
* Free speech, freedom of the press, and freedom of religion, all later contained in the Bill of Rights, were not explicitly guaranteed during the ratification process.
* Success was achieved when Virginia and New York ratified the document in the summer of 1788. Ratification of the Constitution in those states was crucial because they were two of the largest, most populous states. Didn't give ratification a simple majority. Inauguration of the New Government * The ratification process in New York gave rise to The Federalist, a collection of 85 essays written in support of the Constitution. Said to be the most convincing commentary on the meaning of the Constitution.
* The new government assembled in its temporary capital, New York City, in March 1789.
* In April 1789, George Washington was elected President of the United States. The Basic Principles Popular Sovereignty Recall that in the United States, all political power belongs to the people, who are sovereign.
Popular Sovereignty: Basic principle of the American system of government; that the people are the only source of any and all governmental power, that government must be conducted with the consent of the governed.
* Government can govern only with the consent of the governed.
* Sovereign people created the Constitution and the government, both federal and state.
*The Preamble:"We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."
* Limited Government is the principle that holds that government may do only those things that the people have given it the power to do.
* Limited Government: Basic principle of the American system of government; that government is limited in what it may do, and each individual has certain rights that government cannot take away. The government and its officers are always subject to the law.
* Constitutionalism: Basic principle of American system of government that government is conducted according to constitutional principles, i.e., that those who govern are bound by the fundamental law.
* Rule of Law: Concept that government and its officers are always subject to -- never above -- the law.
* Constitution is a statement of limited government. Reading it, displays explicit prohibitions of power to government. Limited Government Separation of Powers Separation of Powers: Basic principle of the American System of government, that the executive, legislative, and judicial powers are divided among three independent and coequal branches of government.
* Recall previous discussions regarding differences between parliamentary system (power in one central agency) and presidential system (three branches).
* The Constitution distributes the powers of the National Government among Congress (legislative branch), the President (executive branch), and the courts (judicial branch).
* The Framers of the Constitution created a separation of powers in order to limit the powers of the government and to prevent tyranny -- too much power in the hands of one person or a few people.
* James Madison wrote, "The accumulation of all powers...in the same hands...may be pronounced as the very definition of tyranny," he was arguing on behalf of the principle of separation of powers. Checks and Balances * Each branch of government is subject to a number of constitutional restraints by the other branches. This is the concept of "checks and balances."
* Checks and Balances: System of overlapping the powers of the legislative, executive, and judicial branches, to permit each branch to check the actions of the others.
Although there have been instances of spectacular clashes between branches, usually the branches of government restrain themselves as they attempt to achieve their goals.
* For example, it is this constitutional principle that when the Senate confirms or rejects the President's appointee to be the director of the Central Intelligence Agency (CIA), to be secretary of defense, or a federal judge. Judicial Review * Through the landmark case of Marbury v. Madison (1803), the judicial branch possesses the power to determine the constitutionality of an action of the government.
* Marbury v. Madison: (Article III, judicial powers) Chief Justice Marshall established "judicial review" as a power of the Supreme Court. After defeat in the 1800 elections, President Adams appointed many Federalists to the federal courts, but the commissions were not delivered. New Secretary of State James Madison refused to deliver them. Marbury sued in the Supreme Court. The Court declared a portion of the Judiciary Act of 178 unconstitutional, thereby declaring the Court's power to find acts of Congress unconstitutional.
Judicial Review: Power of the courts to determine the constitutionality of the actions of the legislative and executive branches of government.
* In most cases the judiciary has supported the constitutionality of government act; but in more than 130 cases, the courts have found congressional acts to be unconstitutional, and they have voided thousands of acts of State and local governments.
* Unconstitutional: Contrary to constitutional provisions and so illegal, null and void, and of no force and effect. Federalism Federalism: The division of political power among a central government and several regional governments. Horizontal and vertical federalism
* United States federalism originated in American rebellion against the edicts of a distant central government in England.
* Federalism is a compromise between a strict central government and a loose confederation, such as that provided for in the Articles of Confederation.
* This constitutional principles was devised as a compromise between a powerful central government and a loose confederation of States. Article I Legislative Department
Article II Executive Department
Article III Judicial Department
Article IV Relations Among the States
Article V Provisions for Amendment
Article VI Public Debts; Supremacy of National Law; Oath
Article VII Ratification of Constitution Formal Amendment Process * First Method -- Amendment is proposed by Congress by a two-thirds vote in both houses, then ratified by three-fourths of the State legislatures (38 of 50)(27 adopted).

* Second Method -- Amendment is proposed by Congress by a two-thirds vote in both houses, then ratified by special conventions in three-fourths of the States (38 of 50)(Only repeal of prohibition, i.e., 21st Amendment adopted in this fashion).

* Third Method -- Amendment is proposed at a national convention when requested by two-thirds of the State legislatures (34 of 50), then ratified by three-fourths of the State legislatures (38 of 50).

* Fourth Method -- Amendment is proposed at a national convention called by Congress when requested by two-thirds of the State legislatures (34 of 50), then ratified by special conventions held in three-fourths of the States (38 of 50). Proposed Amendments
Accepted Amendments Basic Legislation * Congress can pass laws that spell out some of the Constitution's brief provisions.
* Congress can pass laws defining and interpreting the meaning of constitutional provisions. Congressional legislation is an example of the informal process of amending the constitution.
* Two ways in which Congress may informally amend the Constitution is by enacting laws that expand the brief provisions of the Constitution, and enacting laws that further define expressed powers. Executive Action * Presidents have used their powers to delineate unclear constitutional provisions, for example, making a difference between Congress's power to declare war and the President's power to wage war.
* Presidents have extended their authority over foreign policy by making informal executive agreements with representatives of foreign governments, avoiding the constitutional requirement for the Senate to approve formal treaties. Executive agreements are pacts made by a President with heads of a foreign government. Party Practices * Political Parties have been a major source of informal amendment.
* Political parties have shaped government and its processes by holding political conventions, organizing Congress along party lines, and injecting party politics in the process of presidential appointments.
* The fact that government in the United States is in many ways government through political party is the result of a long history of informal amendments. Custom: * Each branch of government has developed traditions that fall outside the provisions of the Constitution. Prior to Franklin Roosevelt, there was a tradition of the Executive branch that a president would not serve a third term, however that "custom" was added to the written Constitution through formal amendment. No third term for president.
* An example is the executive advisory board known as the President's cabinet. Guantanamo Bay * The base is located on the shore of Guantánamo Bay at the southeastern end of Cuba. 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. * Since 2002, 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 * In 1986, Guantanamo became host to the first and only McDonald's restaurant within Cuba.
A Subway sandwich shop was opened in November 2002. Other fast food outlets have followed. These fast food restaurants are on base, and not accessible to Cubans. It has been reported that prisoners cooperating with interrogations have been rewarded with Happy Meals from the McDonald's located on the mainside of the base.
In 2004, Guantanamo opened a combined KFC & A&W restaurant at the bowling alley and a Pizza Hut Express at the Windjammer Restaurant. There is also a Taco Bell, and the Triple C shop that sells Starbucks coffee and Breyers ice cream. All the restaurants on the installation are franchises owned and operated by the Department of the Navy. All proceeds from these restaurants are used to support morale, welfare and recreation (MWR) activities for service personnel and their families. * The mistreatment of some prisoners, and their denial of protection under the Geneva Conventions, has been a source of international controversy. Concerns * The number of suicides * The U.S. military trainers who came to Guantánamo Bay in December 2002 had based an entire interrogation class on a chart copied directly from a 1957 Air Force study of Chinese Communist torture techniques used during the Korean War to obtain confessions. North Korean Communism: * North Korea, officially the Democratic People's Republic of Korea, continues to be a juche socialist state under the rule of the Workers Party of Korea. North Korean Communism * The Communist Party of Korea was founded during a secret meeting in Seoul in 1925. The leaders of the party were Kim Yong-bom and Pak Hon-yong. * In the early 1930s Korean and Chinese communists began guerrilla activity against the Japanese forces. Concerns: * Government operates discreetly and strictly dictates the population's activities. * North Korea is also known as the world's most isolated country, rarely allowing foreigners to visit and prohibiting any citizen to leave. Foreigners who are granted entrance are closely monitored by the government, who watches their every activity. * North Korea is reported as having one of the worst human rights records of any nation. China's one Child Policy * China's One Child Policy was created in 1979 by Chinese leader Deng Xiaoping to temporarily limit communist China's population growth. It has thus been in place for more than 32 years. * China's One Child Policy most strictly applies to Han Chinese living in urban areas of the country. It does not apply to ethnic minorities throughout the country. Han Chinese represent more than 91% of the Chinese population. Just over 51% of China's population lives in urban areas. In rural areas, Han Chinese families can apply to have a second child if the first child is a girl. * One major exception to the One Child Policy allows two singleton children (the only offspring of their parents) to marry and have two children. Additionally, if a first child is born with birth defects or major health problems, the couple is usually permitted to have a second child. Concerns: * If China continues its One Child Policy in the decades to come, it will actually see its population decrease. China is expected to peak in population around 2030 with 1.46 billion people and then begin falling to 1.3 billion by 2050. * In recent years, there have been sensational news stories of women forced to end their pregnancies early to comply with China's One Child Policy. * For families who violate the One Child Policy, there are sanctions: fines, employment termination, and difficulty in obtaining governmental assistance. * Families who are permitted to have a second child usually have to wait from three to four years after the birth of the first child before conceiving their second child. Sierra Leone : Blood Diamonds * Uncut diamonds are smuggled out of the country as fast as possible. The big profits end up in the hands of middlemen, arms dealers and corrupt politicians. * The 1992-98 massacres of thousands of innocents, many suffering amputations, could be laid at the door of "Blood Diamonds." Concerns: * Sierra Leone's decade-long civil war left upwards of 50 000 dead, half a million refugees, and thousands of amputees. Sierra Leone is currently ranked last on the UN's Human Development Index. * A UN Expert Panel report published in December 2000 estimated that in Sierra Leone, the Revolutionary United Front (RUF)'s diamond trade amounted to $25 million to $125 million in diamonds per year in the late 1990s. * The Democratic Republic of the Congo's war continues today, with rebels and armies from neighbouring countries and the DRC committing atrocities. The on-going violence has left 2.5 million dead and millions of people displaced or refugees to date. Hundreds of millions of dollars in diamonds are stolen or smuggled out every year. * The first surprise is the low numbers of diamonds (measured in carats) exported through Freetown, Sierra Leone. Freetown was normally among the richest diamond exporters to the Belgium market. Yet, in 1998, Freetown marketed a mere 500 carats. The diamonds were finding their way out the back door through Liberia. The 27 Amendments The first 10 amendments are called the Bill of Rights * The Bill of Rights were proposed by Congress in 1789 and arose from the controversy surrounding the ratification of the Constitution itself.
* The Civil War Amendments combined to end slavery (13th, 1986), define American citizenship, proclaim the rights of due process and equal protection of the law (14th, 1868), and outlaw restrictions on the right to vote based on race, color, or previous condition of servitude (15th, 1870).
* Other amendments further define the workings of government, empower the government in certain ways, or deal with important social issues. 1st Amendment:

Freedom of Religion; Speech; Press, Assembly, and Petition 2nd Amendment :

Right to Keep, Bear Arms 3rd Amendment:

Lodging Troops in Private Homes 4th Amendment:

Search, Seizures, Proper Warrants Article V declares that "no State, without its consent, shall be deprived of its equal suffrage in the Senate."

b. Proposals at national level, ratification is a State-by-State process. The participation of both the Federal Government and state government in the amendment process is evidence of federalism. An amendment may be formally proposed ONLY by Congress or the President.

c. When Congressional resolution passed, proposal not forwarded to President for signature, as in other enrolled legislation.

d. Criticism due to no popular vote or conventions, rather legislative action.

* Hawks v. Smith (1920), U.S. Supreme Court holds that a State cannot require an amendment proposed by Congress to be approved by a vote of the people of the State before it can be ratified by the State legislature.
* Kimble v. Swackhammer (1978), State can call for an advisory vote by the people before it acts.
e. Congress can place reasonable time limits on ratification process.

f. Note as an illustration of how difficult it is to amend the constitution, the fact that a simple majority is not enough to satisfy constitutional requirements in either the proposal stage or the ratification stage of the amendment process.

g. The most commonly used method of amending the Constitution is for Congress to propose and the State legislatures to ratify. 5th Amendment:

Criminal Proceedings;
Due Process; Eminent Domain 6th Amendment:

Criminal Proceedings 7th Amendment:
Jury Trials in Civil Cases 8th Amendment:

Bail, Cruel, Unusual
Punishment 9th Amendment:

Unenumerated Rights 10th Amendment:

Powers Reserved to the States 11th Amendment:

Suits Against States 12th Amendment:

Election of President
and Vice President 13th Amendment:

Slavery and Involuntary
Servitude 14th Amendment:

Rights of Citizens 15th Amendment:

Right to Vote --
Race, Color, Servitude 16th Amendment:

Income Tax 17th Amendment:

Popular Election of Senators 19th Amendment:

Equal Suffrage -- Sex 18th Amendment:

Prohibition of Intoxicating
Liquors 20th Amendment:

Commencement of Terms; Sessions of Congress, Death or Disqualification of President-Elect 21st Amendment:

Repeal of 18th Amendment 22nd Amendment:

Presidential Tenure 23rd Amendment:

Inclusion of District of Columbia
in Presidential Election System 24th Amendment:

Right to Vote in Federal
Elections -- Tax Payment 25th Amendment:

Presidential Succession;
Vice Presidential Vacancy;
Presidential Inability 26th Amendment:

Right to Vote --
18 years of age 27th Amendment:

Congressional Pay civil liberties:
one's freedom to exercise one's rights as guaranteed under the laws of the country. civil rights:
The rights of citizens to political and social freedom and equality. limited government:
the power of government to intervene in the exercise of civil liberties is restricted by law, usually in a written constitution. Rights are Relative, not Absolute:
"The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic"
-Schenck v. united states, 1919 When rights Conflict:
For Example- Freedom of Speech Vs.
the right to a fair trial. To Whom Are Rights Guaranteed ?
Most constitutional rights are extended to all persons. The Supreme Court has often held that "Persons" covers ALIENS as well as citizens. Freedom of Expression:
the unrestrained right to voice ideas, opinions, etc Establishment Clause:
The clause in the First Amendment of the US Constitution that prohibits the establishment of religion by Congress. Free Exercise Clause:
is the accompanying clause with the Establishment Clause of the First Amendment to the United States Constitution. The Establishment Clause and the Free Exercise Clause together read:

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof...” Limits of free exercise:
Over the years, the court has approved many regulations of human conduct in the face of free exercise challenges.
Ex: Jacobson v. Massachusetts separation of church and state:
CONGRESS can't establish an official religion or prohibit anyone from worshiping as they see fit. Religion & Education:
Religion and education has been a big debate, for example on whether praying should be allowed in schools. Released time:
programs allow public schools to release students during school hours to attend religious classes.
Ex. McCollum v. Board of Education Prayer & The Bible:
The Constitution prohibition against laws respecting
an establishment of religion must at least mean that, in
this country, it is no part of the business of government
to compose official prayers for any group of the American
people to recite as part of a religious program carried
on by government.
- Justice Hugo L. Black, Opinion of the Court
Ex: Stone v. Graham, 1980 Student Religious Groups:
The Equal Access Act of 1984 declares that any public high school that receives federal funds (nearly all do) must allow student religious groups to meet in the school on the same terms that it sets for other student organizations. Evolution:
A gradual process in which something changes into a different and usually more complex or better form.
Ex: Epperson v. Arkansas Aid to parochial schools:
A parochial school is a school that provides religious education in addition to conventional education. In a narrower sense, a parochial school is a Christian grammar school or high school which is part of, and run by, a parish.
Ex: Pierce v. Society of Sisters The Lemon Test:
The lemon test is used to determine establishing clause disputes. This is a three pronged test that is employed by the Supreme Court. The deal with issues such as state aid to parochial schools.
Ex: Lemon v. Kurtzman Seasonal Displays:
To decorate according to the season.
Ex: Lynch v. Donnelly, 1984 Chaplains:
Daily sessions of both houses of Congress and most of the State Legislative begin with prayer.
In Congress, and in many States, a Chaplain paid with public funds offers the opening prayer.
Ex: Marsh v. Chamber, 1983 Seditious Speech:
Speech that has an obvious and immediate danger of creating unrest or violence. Alien & Sedition Act:
A series of laws, passed during the presidency of John Adams at the end of the eighteenth century, that sought to restrict the public activities of political radicals who sympathized with the French Revolution and criticized Adam's Federalist policies. Obscenity:
any statement or act which strongly offends the prevalent morality of the time. Prior restraint:
censorship imposed, usually by a government, on expression before the expression actually takes place. Confidentiality:
spoken, written, acted on, etc., in strict privacy or secrecy; secret Symbolic Speech:
a legal term in United States law used to describe actions that purposefully and discernibly convey a particular message or statement to those viewing it. Symbolic speech is recognized as being protected under the First Amendment as a form of speech, but this is not expressly written as such in the document. Picketing:
Act as a picket outside
(a place of work or other venue). Freedom of Assembly:
The right to hold public meetings and form associations without interference by the government. Freedom of peaceful assembly is guaranteed by the First Amendment to the Constitution. Time-Place-Manner Regulations:
The Government can make and enforce reasonable
rules covering the time, place, and manner of assemblies.
Ex: Graveyard v. City of Rockford, Public Property:
property owned by a government. Private Property:
land or belongings owned by a person or group and kept for their exclusive use Freedom of Association:
the individual right to come together with other individuals and collectively express, promote, pursue and defend common interests. Due Process:
Fair treatment through the normal judicial system, esp. as a citizen's entitlement.
Ex: Rochin v. California, 1952 POLICE POWER:
the inherent power of a government to exercise reasonable control over persons and property within its jurisdiction in the interest of the general security, health, safety, morals, and welfare except where legally prohibited. Right to Privacy:
a legal right to be left alone; the right to live life free from unwarranted publicity Slavery and Involuntary Servitude:
The 13th Amendment was added to the Constitution in 1865, ending over 200 years of slavery in this country. The right to keep and bear arms:
The 2nd Amendment Security of Home and Person:
The 3rd Amendment Probable Cause:
Reasonable grounds (for making a search, pressing a charge, etc.). Arrests:
The action of seizing someone to take into custody. Automobiles:
A self-propelled passenger vehicle that usually has four wheels and an internal-combustion engine, used for land transport. The Exclusionary Rule:
A rule that forbids the use of illegally obtained evidence in a criminal trial. Drug Testing:
The process of testing employees to detect the presence of illegal drugs or alcohol within their system. Drug testing can be conducted on a pre-employment, random or post-accident basis, as well as for cause or suspicion, in accordance with the employer's policy and any governing state law. Wire Tapping:
an act or instance of tapping telephone or telegraph wires for evidence or other information. Habeas Corpus:
A writ requiring a person under arrest to be brought before a judge or into court. Bill of Attainder:
A legislative act pronouncing a person guilty of a crime, usually treason, without trial and subjecting that person to capital punishment and attainder. Such acts are prohibited by the U.S. Constitution. Ex Post Facto Laws:
a law that retroactively changes the legal consequences (or status) of actions that were committed, or relationships that existed, before the enactment of the law. Grand Jury:
A jury of 12 to 23 persons convened in private session to evaluate accusations against persons charged with crime and to determine whether the evidence warrants a bill of indictment. Double Jeopardy:
The act of putting a person through a second trial for an offense for which he or she has already been prosecuted or convicted. Speedy Trial:
Speedy trial is the right available to a defendant to demand the conclusion of the trial early so as to complete it before violating the provisions contained in the 5th amendment, which limits the time an accused can be held for trail. Public Trial:
a trial open to public, as opposed to the secret trial. Trial by Jury:
a trial in which the issue is determined by a judge and a jury usu. of 12 members whose province is to determine facts in issue Adequate Defense:
Every person accused of a crime has the right to the best possible defense that circumstances will allow.
- 6th Amendment Self-Incrimination:
an accusation that incriminates yourself. Bail and Preventative Detention:
The bail or fine in a case must bear a reasonable relationship to the seriousness of the crime involved. Cruel and Unusual Punishment:
The 8th Amendment
- Robinson v. California, 1962 Capital Punishment:
The penalty of death for the commission of a crime. Treason:
The crime of betraying one's country, esp. by attempting to kill the sovereign or overthrow the government. Ten major themes or events
their real world counterparts. 1984 1. Big Brother=
How our Government is run today 2. Political tomfoolery=
Politicians today are going against the laws that the should be up holding. 3. Surveillance- Modernization in 1984 takes the form of technology, used for controlling means. By placing telescreens and clandestine microphones all across Oceania, the Party monitors its constituents 24/7. At work, in the comforts of their own home, even in the countryside or giant plazas and marketplaces, Oceanians cannot expect privacy.= 4.Censorship=
Judgement on what can be read in schools. 5. Confession and betrayal=
The men confessed about what happened when they capturing Saddam bin laden, now is a question of whether they betrayed their country. 6. Negative nationalism=
Hatred for the elasticities that have caused or nation to have pain because of what they did. 7. Futurology=
Studies are being done about what are country may have in store for us in the future. which is just like today like how we are monitored at the supermarket, at the Bank even in restaurants. 8. Manipulation=
Or Government tries to dictate wrong from right, good or bad for our country. We are brain washed to think that they know what is good and bad for us. 9. Rebellion=
In the other country's they are finally starting to stand up for their needs and wants. 10. Family=
Family's have become distant and are spending less time together if any at all.
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