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Semester Review

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Jill Spuria

on 8 January 2013

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Transcript of Semester Review

Principles of Government Government The institution through which a society makes and enforces its public policies Public Policies Covers matters of taxation, defense, education, crime, healthcare, & transportation Legislative Power Power to make a law and frame public policies Executive Power power to execute, enforce, and administer law Judicial Power power to interpret laws to determine their meaning Dictatorship Strong powers held by a single man or small group Democracy Supreme authority rests with the people State body of people
living in defined territory State organized politically
power to make/enforce laws Power Force theory
Evolutionary theory
Divine Right theory
Social contract theory Purpose of Government to form a more perfect union, establish justice, and insure domestic tranquility Geographic Distribution of power unitary government is described as a centralized government Federal Government powers of government are divided between a central government and several local governments Confederate Government confederation is an alliance of independent states Presidential Government the executive and legislative branch are separate, independent of one another, and coequal Parliamentary Government the executive is made up of a prime minister or premier, and that official's cabinet Foundations Worth of the individual- democracy is firmly based upon the belief in the fundamental importance of the indiviual Equality of All Persons "All men are created equal"- Thomas Jefferson
equality of opportunity
equality before the law Majority Rule, Minority Rights The majority must always recognize the the right of any minority to become, by fair lawful means, the majority Necessity of Compromise It is a matter of compromise in order to find the position most acceptable to the largest number Individual Freedom "The rights of every man are diminished when the rights of one man are threatened"- John F. Kennedy Democracy and Free Enterprise System An economy in which private enterprise exists in combination with a considerable amount of government regulation and promotion is called a mixed economy
Ordered (Structured) Government- Colonists from England saw the need for orderly regulation of their relationships with one another. Government Organization 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. Limited 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 Representative Government
The Magna Carta- 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. Landmark English Documents The Petition of Rights limited the monarch's authority and elevated the power of Parliament while extending the rights of the individual. It challenged the idea of the divine right of kinds, declaring that even a monarch must obey the law of the land. The Petition of Rights The Bill of Rights redefined the rights of Parliament and the rights of individuals. No standing army, required parliamentary elections. The English Bill of Rights British Colonial Policies 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. 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. 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 Albany Plan 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 or 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). The Stamp Act 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. The First Continental Congress The First Continental Congress In 1775 Second Continental Congress met, but by now the Revolution had begun. Notable newcomers included Franklin and Hancock. Hancock was selected president. The First Continental Congress
The Congress organized a government and established an army, led by George Washington. It 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. It was unicameral, exercising both legislative and executive powers. The Second Continental Congress 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. It listed various "self-evident" truths. The Declaration of Independence •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 theydid have in common though, included very little real power vested in the governor; political authority given to the legislatures; and, short elective terms. The First State Governments • Formed a confederation among the States
• 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."
• Ratification- The process of securing formal approval The Articles of Confederation
• 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. Government Structure Most powers related to common defense and foreign affairs Powers of Congress 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 • 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 Weaknesses • 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 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
• 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 • 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." Organization and Procedure
• 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 Decision to Write a New Constitution 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. 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. • 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 Connecticut 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 Three-Fifths 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. The Commerce and Slave Trade Compromise • 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. A "Bundle of Compromises" • 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. Sources of the Constitution • The convention approved the Constitution.
• Most delegates agreed that the Constitution was not perfect, but was the best that they could produce. The Convention Completes Its Work Federalists and Anti-Federalists Nine States Ratify Virginia’s Ratification New York-The Last Key State Inaugurating the Government Article I Article II Article III Article IV Article V Article VI Article VII Formal Amendment Process Proposed Amendments vs. Accepted Amendments Basic Legislation Executive Action Party Practices Custom Guantanamo Bay North Korean Communism China’s One Child Policy Sierra Leone: Blood Diamonds 1st Amendment 2nd Amendment 3rd Amendment 4th Amendment 5th Amendment 6th Amendment The Anti-Federalists did not want to ratify the Constitution because
It gave too much power to the national government at the expense of the state governments. There was no bill of rights. The national government could maintain an army in peacetime. The executive branch held too much power. Delaware December 7, 1787 Pennsylvania December 12, 1787 New Jersey December 18, 1787 Georgia January 2, 1788 Connecticut January 9, 1788 Massachusetts February 6, 1788 Maryland April 28, 1788 South Carolina May 23, 1788 New Hampshire June 21, 1788 Virginia June 25, 1788 New York July 26, 1788 North Carolina November 21, 1789 Rhode Island May 29, 1790 Ratification of the Constitution by the State of Virginia, June 26, 1788. Virginia ratified the Constitution in two steps. The first was the declaration of ratification. The second was a recommendation that a bill of rights be added to the Constitution, and that a list of amendments also be added in accordance with Article 5. The following text is taken from the Library of Congress's Continental Congress Broadside Collection. In New York, Governor George Clinton expressed these Antifederalist concerns in several published newspaper essays under the pen name Cato, while Patrick Henry and James Monroe led the opposition in Virginia. With this appeal, David Ramsay concluded his two-volume history of the American Revolution, a work we have consulted throughout this Toolbox. A South Carolina physician, war veteran, Federalist statesman, and self-trained historian, Ramsay published the first extensive analysis of the revolutionary period, one still respected for its insight and impartiality. 7th Amendment 8th Amendment 9th Amendment 10th Amendment 11th Amendment 12th Amendment 13th Amendment 14th Amendment 15th Amendment 16th Amendment The Stile of this confederacy shall be "The United States of America." Each state retains its sovereignty, freedom, and independence, and every Power, Jurisdiction and right, which is not by this confederation expressly delegated to the United States, in Congress assembled. The said states hereby severally enter into a firm league of friendship with each other, for their common defence, the security of their Liberties, and their mutual and general welfare, binding themselves to assist each other, against all force offered to, or attacks made upon them, or any of them, on account of religion, sovereignty, trade, or any other pretence whatever. The better to secure and perpetuate mutual friendship and intercourse among the people of the different states in this union, the free inhabitants of each of these states, paupers, vagabonds and fugitives from justice excepted, shall be entitled to all privileges and immunities of free citizens in the several states; and the people of each state shall have free ingress and regress to and from any other state. Freedom of speech and debate in Congress shall not be impeached or questioned in any Court, or place out of Congress, and the members of congress shall be protected in their persons from arrests and imprisonments, during the time of their going to and from, and attendance on congress, except for treason, felony, or breach of the peace. No state, without the Consent of the united states in congress assembled, shall send any embassy to, or receive any embassy from, or enter into any conference agreement, alliance or treaty with any King prince or state; nor shall any person holding any office of profit or trust under the united states, or any of them, accept of any present, emolument, office or title of any kind whatever from any king, prince or foreign state; nor shall the united states in congress assembled, or any of them, grant any title of nobility. When land-forces are raised by any state for the common defence, all officers of or under the rank of colonel, shall be appointed by the legislature of each state respectively, by whom such forces shall be raised, or in such manner as such state shall direct, and all vacancies shall be filled up by the State which first made the appointment. A congressperson proposes an amendment.
It must pass both houses of congress by a 2/3 majority.
The president must sign it.
After 2/3 of the state legislatures pass it, it becomes a constitutional amendment. The Constitution is a living and evolving document. One of the ways that the Constitution is changed is through the amendment process. It can be an arduous process, requiring agreement by many different segments of society and the government, and it does not always work out. But it is the only way to make a permanent change to the Constitution. Changes in interpretation are common as time progresses, but only by having actual text added can a change be called a part of the Constitution. Basic legislation refers to legislation (laws) which defines a sector of activity, its functioning, and its institutions. executive action is a person that takes charge of executing the laws in an organisation when it is been disobeyed by any of the employees. e.g disciplinary procedures Party practices are the rules that are followed by members of political parties that are coherent with issues that they carry

To help the citizens of the United states; but with out taking any rights away from them The Guantanamo Bay detention camp is a controversial detainment and interrogation facility of the United States military located within Guantanamo Bay Naval Base, Cuba. The facility was established in 2002 by the Bush Administration to hold detainees believed to be connected with the war in Afghanistan and later Iraq. One of the remaining Communist countries is North Korea. A great deal has been written about Noth Korea's military program, especially its nuclear weapons program. Less is known about the humanitarian nightmare inside the country. Information is tightly controlled by the North Lorean Government. China's one child policy was established by Chinese leader Deng Xiaoping in 1979 to limit communist China's population growth. Although designated a "temporary measure," it continues a quarter-century after its establishment. The policy limits couples to one child. Fines, pressures to abort a pregnancy, and even forced sterilization accompanied second or subsequent pregnancies. The west African state of Sierra Leone has taken another symbolic step away from its wartime image as the home of the "blood diamond". An Israeli-owned company has started operating a big new stone-crushing plant at a modern diamond mine in the east of the country. Freedom of Religion, Press, Speech, Assembly, Petition The right to bear arms; protection Right to not have to quarter Soldiers and seizures Right to be free from un-reasonable searches and seizures Right to grand jury indictment, no double jeopardy, freedom from self-incrimination, due process of law Right to be in-formed of charges be present when wit-nesses speak in court, to call defense witnesses, to have a lawyer. Right to a jury trial in civil cases Freedom from excessive bail and cruel and unusual punishment Guarantee of rights not listed in Constitution Rights of states and people Prevents suits against states Election of the President (Election Procedures) Abolition of slavery is outlawed Right to be free from discrimination in states to have due process of law, to have equal protection of the law Black Suffrage individual income tax 17th Amendment 18th Amendment 19th Amendment 20th Amendment 21st Amendment 22nd Amedment 23rd Amendment 24th Amendment 25th Amendment 26th Amendment 27th Amendment Election of National Senators Prohibition of alcoholic beverages Women's Suffrage Lame-Duck Period shortened for federal Officials Repeal of Prohibition Limitation of Presidential term of office Voters in Washington D.C. given the right to vote for presidential electors Abolition of poll taxes Succession of offices of the President 18 year old given the right to vote Limits the power of Congress to increase it's own salaries Civil Liberties rights are given to all people no matter their race or gender Limited Government A political system in which legalized force is restricted through delegated and enumerated powers. The United States Constitution, and particularly the Bill of Rights, were designed to limit government's role to what America's founding fathers saw as government's most essential functions: To preserve individual liberty and protect private property. Freedom of Expression write books, newspapers, peaceful protest Free Exercise Clause may express opinions as long as its not to take down the president or government in a certain way Separation of church and state not allowed to include religion in public schools. private schools howeer are often religious Religion in Shcools The right to freedom of religion is so central to American democracy that it was enshrined in the First Amendment to the Constitution along with other fundamental rights such as freedom of speech and freedom of the press.
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof..." The First Amendment students are allowed to hold prayer groups in school but no school officials are allowed to participate Student Religious Groups Evolution The Lemon Test allowed to be taught as a theory, not as a fact The purpose of the Lemon test is to determine when a law has the effect of establishing religion. The test has served as the foundation for many of the Court's post-1971 establishment clause rulings.
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