AGES NOTES AMERICAN GOVERNMENT AND ECONOMIC SYSTEMS.

AGES NOTES AMERICAN GOVERNMENT AND ECONOMIC SYSTEMS

AGES- Principles of Government- Section 1- Government and the State What is Government? Government is the institution through which a society makes and enforces its public policies. Government is made up of those people who exercise government’s powers, those who have authority and control over other people. The public policies of a gov’t are, in short, all of those things a gov’t decides to do. E.G. imposing an income tax, setting a minimum wage, maintaining an army, and protecting the environment In the U.S., the people who exercise the powers of gov’t are legislators, who make public policy in the form of laws; executives and administrators, who enforce and administer those laws; and judges, who apply those laws to court cases.

The State The state has emerged as the dominant political unit in the world over the course of history. The state can be defined as a body of people, living in a defined territory, organized politically- that is, under a gov’t- and having the power to make and enforce law without the consent of any higher authority. The state is a legal entity. A state is often called a “nation” or a “country.” Nation is an ethnic term, referring to races or other large groups of people. Country is a geographic term, referring to a particular place, region, or area of land. There are four (4) characteristics of a state: population, territory, sovereignty, and government.

The State 1)Population A state must have people. The population can be homogeneous or heterogeneous. 2)Territory A state must have land, territory with known and recognized boundaries. 3)Sovereignty Every state is sovereign, meaning it has supreme and absolute power within its own territory. Each state decides its own foreign and domestic policies and is neither subordinate nor responsible to any other authority. 4)Government Every state is politically organized; every state has a gov’t. Gov’t has the power to rule.

Origins of the State The Force Theory- The theory that one person or group claimed control over an area and forced all within it to submit to that person’s or group’s rule. The Evolutionary Theory- The idea that the state developed naturally out of the early family. The early family became a network of related families- a clan. The clan became a tribe over time. When the tribe first turned to agriculture and gave up its nomadic ways, the state was born. The Divine Right Theory- This theory holds that the state was created by God and that God had given those of royal birth a “divine right” to rule. Widely held in much of the Western world from the 15th thru the 18th centuries. People were bound to obey their ruler as they would God; opposition to the “divine right of kings” was both treason and mortal sin.

Origins of the State The Social Contract Theory- Theory developed by philosophers such as John Locke, James Harrington, and Thomas Hobbes in England and Jean Jacques Rousseau in France in the 17th and 18th centuries. Hobbes wrote that in earliest history humans lived in a “state of nature.” People are free in this state of nature. No gov’t existed; no person was subject top any superior power. The social contract theory argues that the state arose out of a voluntary act of free people. The state exists only to serve the will of the people. The people are the sole source of political power. The people are free to give or to withhold that power as they choose. This theory promotes popular sovereignty, limited government, and individual rights.

Section 2- Forms of Government Geographic Distribution of Power- In every system of gov’t the power to govern is located in one or more places, geographically. From this standpoint, three basic forms of gov’t exist: unitary, federal, and confederate governments. Unitary Government- A unitary government is often described as a centralized gov’t.; all powers held by the gov’t belong to a single, centralized agency. The central gov’t creates local units of gov’t for its own convenience. E.G. England is democratic and unitary. Parliament has all the power, though limited.

Forms of Government Federal Government- A federal government is one in which the powers of gov’t are divided between a central gov’t and several local (STATE)governments, both of which act directly on the people thru their own sets of laws, officials, and agencies. Confederate Government- A confederation is an alliance of independent states. A central organ-the confederate gov’t- has the power to handle only those matters that the member states have assigned to it.

Relationship Between Legislative and Executive Branches Presidential Government- A presidential government features a separation of powers between the executive and legislative branches of gov’t. The two branches are independent of one another and coequal. Parliamentary Government- In parliamentary government, the executive is made up of the prime minister or premier and that official’s cabinet. They themselves are members of the legislative branch, the parliament. The PM is the leader of the majority party or a coalition of parties in parliament and is chosen by that body. The PM and the cabinet remain in office as long as their policies and administration have the confidence of a majority in parliament. If parliament defeats the PM and cabinet on an important matter- a “vote of no confidence”- the gov’t must resign from office and a new gov’t must be formed.

The Number Who Can Participate There are two (2) basic forms to consider: Dictatorship- A dictatorship exists where those who rule cannot be held responsible to the will of the people. The gov’t is not accountable for its policies, nor for the ways in which they are carried out. ALL dictatorships are authoritarian. They are governmental systems in which those in power hold absolute and unchallengeable authority over the people. Modern dictatorships tend to be totalitarian in that they exercise dictatorial (authoritarian) power over nearly every aspect of human affairs. Their power embraces all ( the totality of) matters of human concern. E.G. Fascist Italy (1922-43), Nazi Germany (1933-45), the Soviet Union (1917 until the late 1980s), and one that still exists (People’s Republic of China). Typically, dictatorial regimes are militaristic in character. They usually gain power by force.

The Number Who Can Participate Democracy- In a democracy, supreme political authority rests with the people. The people hold the sovereign power, and government is conducted only by and with the consent of the people. Democracy is derived from the Greek words demos meaning “the people” and kratia meaning “rule” or “authority.” The Greek word demokratia means “rule by the people.” A democracy can be either direct or indirect in form. A direct democracy – also called pure democracy- exists where the will of the people is translated into public policy (law) directly by the people themselves, in mass meetings.

DEMOCRACY Americans are more familiar with the indirect form of democracy, representative democracy. In a representative democracy, a small group of persons chosen by the people to act as their representatives expresses the popular will. Representative democracy is government by popular consent- government with the consent of the governed. To most Americans, the terms democracy, republic, representative democracy, and republican form of government generally means the same thing. In a democracy, the people are sovereign. They are the only source for any and all of the government’s power. In other words, THE PEOPLE RULE.

Section 3- Basic Concepts of Democracy The Foundations of Democracy- Democracy exists in this country because the American people believe in its basic concepts. To continue to exist the people must practice those concepts. The basic concepts of democracy are: 1)A recognition of the fundamental worth and dignity of every person. 2)A respect for the equality of all persons. 3)A faith in majority rule and an insistence upon minority rights. 4)An acceptance of the necessity of compromise. 5)An insistence upon the widest possible degree of individual freedom.

Basic Concepts of Democracy: The Foundations of Democracy Fundamental Worth of the Individual: Democracy insists that each person’s worth and dignity must be recognized and respected by all other individuals, and by society, at all times. Equality of All Persons: Equality insists that all are entitled to: (1) equality of opportunity and (2) equality before the law. Majority Rule and Minority Rights: Democracy insists upon majority rule restrained by minority rights.

Basic Concepts of Democracy: The Foundations of Democracy Necessity of Compromise: Compromise is a process of give-and–take among various competing interests. It is the process of blending and adjusting, of reconciling competing views and interests, in order to find the position most acceptable to the largest number. Individual Freedom: Democracy can only thrive in an atmosphere of individual freedom but does not and cannot insist on complete freedom of the individual. Absolute freedom can exist only in a state of anarchy- in the total absence of government. Democracy does insist, however, that each individual must be as free to do as he or she pleases as far as the freedom of all will allow.

AGES- Origins of American Government Section 1- Our Political Beginnings Basic Concepts of Government English settlers brought with them the knowledge of a political system- established laws, customs, and practices- that had been developing for centuries. Three ideas they brought here that helped to shape government in the United States are as follows:

Basic Concepts of Government 1)Ordered Government- The first English colonists saw the need for an orderly regulation of relationships with one another- that is, for government. 2)Limited Government- This is the idea that government is not all-powerful. The government is limited in what it may do, and each individual has certain rights that government cannot take away. 3)Representative Government- The idea that government should serve the will of the people and that the people should have a voice in deciding what gov’t should and should not do.

Landmark English Documents The Magna Carta or the Great Charter included fundamental rights such as trial by jury, due process of law, protection against the arbitrary taking of life, liberty, or property. The Magna Carta established the principle that the power of the monarchy was not absolute. The Petition of Right challenged the idea of the divine right of kings, declaring in 1628 in England that even a monarch must obey the law of the land. The English Bill of Rights was drawn up by Parliament in 1689 to prevent abuse of power by English monarchs and forms the basis for much in American gov’t and politics today.

Government in the Colonies Each of the colonies was born out of a particular set of circumstances, and so each had its own character. All were shaped by their English origins. Each colony was established on the basis of a charter, a written grant of authority from the king. Over time, these instruments of government led to the establishment of colonies: royal, proprietary, and charter.

The Royal Colonies These colonies were subject to the direct control of the Crown. There were eight (8): NH, Mass., NY, NJ, Va., NC, SC, and Ga. The king named a royal governor and a council to advise the governor. This council eventually became the upper house of the colonial legislature. The lower house of a bicameral (two-house) legislature was elected by property owners qualified to vote. The legislature had the power to tax and the power to spend. Laws passed by the legislature had to be approved by the governor and the Crown.

The Proprietary Colonies There were three (3), Md., Pa., and Del. A proprietor was a person to whom the king had made a grant of land. By charter, the land could be settled and governed much as the proprietor (owner) chose. The governor was appointed by the proprietor. In Pa., the legislature was a bicameral (one-house) body.

The Charter Colonies Conn. And R.I. were charter colonies. They were based on charters granted to the colonists themselves and were largely self- governing. Governors were elected each year by the white, male property owners. The king’s approval was required before the governor could take office.

Section 2- The Coming of Independence- Royal Control The 13 colonies were separately controlled under the king, largely thru the Privy Council and the board of trade in London. Parliament took little part in the management of the colonies as matters of colonial administration were left to the Crown. Because of the 3K miles of separation, the colonists became used to a large measure of self- government.

The Coming of Independence- Royal Control The relationship between GB and the colonies was federal-like, in that the central gov’t in London was responsible for colonial defense and for foreign affairs. They also provided a uniform system of money and credit and a common market for colonial trade. Beyond this, the colonies were allowed a fairly wide amount of self-rule. Little was taken from them in direct taxes to pay for the central gov’t. The few regulations set by Parliament, mostly about trade, were largely ignored.

The Coming of Independence- Royal Control Shortly after George III came to the throne in 1760, GB began to deal more firmly with the colonies. Restrictive trading acts were expanded and enforced. New taxes were imposed, mostly to support British troops in North America. Many colonists took strong exception to these moves. They objected to “taxation without representation.” The colonists considered themselves British subjects loyal to the Crown, but they refused to accept Parliament’s claim that it had the right to control their own local affairs. Colonists were forced to decide: submit or revolt.

Growing Colonial Unity Long before the 1770s, several attempts had been made to promote cooperation among the colonies. Early Attempts- Some New England settlements formed the New England Confederation, a “league of friendship” for defense against Native Americans.

Growing Colonial Unity The Albany Plan- Ben Franklin offered what came to be known as the Albany Plan of Union. This proposal called for the formation of an annual congress of delegates from each of the 13 colonies. This body would have the power to raise military and naval forces, make war and peace with Native Americans, regulate trade with them, levy taxes, and collect customs duties. The seven northern colonies at this 1754 meeting agreed to the plan, but it was turned down by the colonies and the Crown.

The Stamp Act Congress Britain’s harsh tax and trade policies of the 1760s were resented by the colonies. Parliament had passed a number of new laws, among them the Stamp Act of 1765. This law required the use of tax stamps on all legal documents, on certain business agreements, and on newspapers. The new taxes renounced as more “taxation without representation.”

The Stamp Act Congress In October 1765, 9 colonies (except Ga.,NH, NC, and Va.) sent delegates to the Stamp Act Congress in New York. They prepared a strong protest, called the Declaration of Rights and Grievances, against the new British policies and sent it to the king. Parliament repealed the Stamp Act, but new laws and policies were made to tie the colonies more closely to London. Colonists resented and evaded the laws. Many supported a boycott-a refusal to buy or sell- English goods.

The Stamp Act Congress On March 3, 1770, British troops in Boston fired on a jeering crowd, killing five, in what came to be known as the Boston Massacre. Organized resistance was carried on thru Committees of Correspondence, which had grown out of a group formed by Samuel Adams in Boston in 1772. The Boston Tea Party came on December 16, 1773 as a protest of a new tea monopoly.

The First Continental Congress In the spring of 1774, Parliament passed the Intolerable Acts. The Massachusetts and Virginia assemblies called a meeting of all the colonies. 55 delegates from every colony except Georgia, met in Philadelphia on Sept. 5, 1774. For nearly 2 months the members of the FCC debated plans for action. They sent a Declaration of Rights, protesting Britain’s colonial policies, to George III.

The First Continental Congress Delegates urged a boycott until the hated taxes and trade regulations were repealed. The FCC adjourned on October 26, with a call for a second congress the following May. Over the next several months, all the colonial legislatures, including Georgia’s, gave their support to the actions of the FCC.

The Second Continental Congress During the fall and winter of 1774-75, the British gov’t refused to compromise or reverse colonial policies. It reacted to the Declaration of Rights with even stricter and more repressive measures. The Second Continental Congress met in Philadelphia on May 10, 1775. By now the Revolution had begun. The battles at Lexington and Concord had been fought 3 weeks earlier on April 19th.

The Second Continental Congress Each of the colonies sent reps to the Congress. Newcomers were Franklin of Pa. and John Hancock of Massachusetts. Hancock was chosen president of the Congress. A continental army was organized and GW was appointed as its commander in chief.

The Second Continental Congress The SCC, by force of circumstance, became the nation’s first national government. It rested on no constitutional base and was condemned by the British as an unlawful assembly. The SCC served as the first gov’t of the US for five years, from the adoption of the Declaration of Independence in July 1776 until the Articles of Confederation went into effect on March 1, 1781. During that time it fought a war, raised an army and a navy, borrowed money, bought supplies, created a monetary system, and made treaties with foreign powers.

The Second Continental Congress The unicameral or one-house Congress exercised both legislative and executive powers. In legislative matters, each colony- later, State- had one vote. Executive functions were handled by committees of delegates.

The Declaration of Independence This proclamation was almost wholly the work of TJ. On July 4, 1776, the delegates adopted the Declaration of Independence and announced it to the world. With these words, the United States of America was born. The 13 colonies became free and independent states.

The First State Governments In 1776 and 1777, most of the States adopted written constitutions- bodies of fundamental laws setting out the principles, structures, and processes of their governments. Assemblies or conventions drafted and adopted these documents.

Common Features of New States The first State constitutions shared many common features: Popular Sovereignty- This principle insists that gov’t 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. Limited Government- The powers granted to gov’t were at best reluctantly granted and hedged with many restrictions.

State constitutions shared many common features: Civil Rights and Liberties- Seven of the new documents (Del., Md., Mass., NH, NC, Pa., and Va.) contained bill of rights, “unalienable rights” held by the people that the gov’t must at all times respect. Separation of Powers and Checks and Balances- Powers granted to the new State governments were purposely divided among three branches: executive, legislative, and judicial. Most of the authority was placed in the legislature and the right to vote was limited to those adult males who could meet property ownership and other rigid qualifications.

Section 3- The Critical Period- The First National Constitution For 17 months the SCC considered the problem of uniting the former colonies. On November 15, 1777, they approved the Articles of Confederation. The ratification - formal approval- of the Articles by each of the 13 States was needed. Eleven States agreed to the document within a year. Delaware approved in mid-1779 and Maryland not until February 27, 1781. The SCC set March 1, 1781 as the date when the Articles were finally to become effective.

Governmental Structure Congress was the sole body created. It was unicameral and made up of delegates chosen yearly by the States in whatever way their legislatures might direct. Each State had one vote in the Congress, whatever its population or wealth. There was no executive or judicial branch. These functions were to be handled by committees of the Congress. Each year the Congress would choose one of its members as its president. That person would be its presiding officer, but not the president of the United States.

Powers of Congress Congress could make war and peace; send and receive ambassadors; make treaties; borrow money; set up a monetary system; build a navy; raise an army by asking the States for troops; fix uniform standards of weights and measures; and settle disputes among the States.

State Obligations By agreeing to the Articles, the States had pledged to obey the Articles and acts of the Congress: provide funds and troops requested by Congress; treat citizens of other States fairly and equally with their own; give full faith and credit to the public acts, records, and judicial proceedings of every other State; surrender fugitives from justice to each other; submit their disputes to congress for settlement; and allow open travel and trade between and among the States. The States retained those powers not explicitly given to the Congress.

Weaknesses The Articles soon proved inadequate to the needs of the times. Why? Congress did not have the power to tax. It could only raise money by borrowing and by asking the States for funds. Congress did not have the power to regulate trade between the States and Congress had no power to make the States obey the Articles of Confederation or the laws it made. Congress could exercise the powers it did have only with the consent of 9 of the 13 State delegations. The Articles themselves could be changed only with the consent of all 13 of the State legislatures. Thus, not one amendment was ever added to the Articles of Confederation.

The Critical Period, the 1780s The Revolutionary War ended on October 19, 1781 and America’s victory was confirmed by the Treaty of Paris in 1783. The central gov’t was unable to act; the States bickered among themselves; and the States refused to support the new central government, financially and in almost every other way. Several made agreements with foreign governments, even though that was forbidden by the Articles. Most organized their own military forces. The States taxed each other’s goods and even banned some trade. They printed their own money, often with little backing. Economic chaos spread throughout the colonies. Demand grew for a stronger, more effective national government.

The Meetings at Mount Vernon and Annapolis Maryland and Virginia were plagued by bitter trade disputes and ignoring Congress agreed to a conference on their trade problems. Reps from the two States met at Alexandria, Va. in March 1785. George Washington invited them to his home in Mount Vernon. Negotiations were so successful that on Jan.21, 1786, the Virginia Assembly called for “a joint meeting of the States to recommend a federal plan for regulating commerce.” The joint meeting opened at Annapolis, Md. On Sept. 11, 1786. Reps from only 5 of 13 States attended. The Annapolis Convention called for yet another meeting of the States in Philadelphia. By mid-February 1787, 7 of the States had named delegates to the Philadelphia meeting. On February 21st Congress called upon the States to send delegates to Philadelphia to revise the Articles of Confederation. That Philadelphia meeting became the Constitutional Convention.

Section 4- Creating the Constitution- The Framers The meeting began on Friday, May 25th, 1787. Twelve of the 13 States, all but Rhode Island sent delegates. 74 delegates were chosen by those 12 States, 55 of which actually attended the convention. All of these men had knowledge, wealth, prestige, and public experience. Many had fought in the Revolution. 39 had been members of the Continental Congress or the Congress of the Confederation, or both. Seven had been State governors. 31 had attended college. 2 were college presidents and 3 professors.

Creating the Constitution- The Framers The average age of the delegates was 42 and nearly half were only in their 30s. Franklin was the oldest at 81, GW was 55. Thomas Paine was in Paris, as was Jefferson who was the American minister to France.

Organization and Procedure The Framers met in Independence Hall. They organized immediately on May 25th and chose George Washington president of the convention. Each State was to have one vote and a majority would carry any proposal. The delegates adopted a rule of secrecy to avoid speculation and to avoid outside pressures. James Madison became the convention’s floor leader, such was his brilliance and depth of knowledge. He contributed more to the Constitution than any of the others, thus his title, “Father of the Constitution.” The Framers met on 89 of the 116 days from May 25th to their final meeting on September 17th.

The Decision to Write a New Constitution The Philadelphia Convention had been called to recommend revisions in the Articles of Confederation. They decided to create a new government for the United States. On May 30th, they adopted a proposal by Edmund Randolph of Virginia, “Resolved… that a national Government ought to be established consisting of a supreme Legislative, Executive, and Judiciary.” From that point on, the Framers set about the writing of a new constitution, intended to replace the Articles of Confederation.

The Virginia Plan On May 29th, the Virginia Plan, largely the work of Madison, was presented by Randolph. The Virginia Plan called for a new government with 3 separate branches: legislative, executive, and judicial. The legislature- Congress- would be bicameral. Representation would be based either upon each State’s population or upon the amount of money it gave to support the new central government.

The Virginia Plan Members of the lower house, the House of Representatives, were to be popularly elected in each State. Those of the upper house, the Senate, were to be chosen from lists of persons nominated by the State legislatures. Congress would have all the powers it had under the Articles, plus others. Congress would choose a national executive and a national judiciary. These two branches would form a “council of revision” that could veto acts of Congress, but a veto could be overridden by the 2 houses. Smaller States like Delaware, Md., NJ, and NY found the Virginia Plan too radical. On June 15th, William Paterson of New Jersey presented the position of the smaller States.

The New Jersey Plan The New Jersey Plan- The New Jersey Plan would keep the unicameral Congress of the Confederation, with each State equally represented. Congress would also have limited powers to tax and regulate trade between the States. The New Jersey Plan also called for a federal executive of more than one person, chosen by Congress.

The Connecticut Compromise Under the Connecticut Compromise it was agreed that Congress should be composed of 2 houses or a bicameral system. In the smaller Senate, the States would be represented equally. In the House, the representation of each State would be based on its population.

The Three-Fifths Compromise Slave holding States argued that slaves should be counted in the population to determine representation of seats in the House. Most Northern States opposed this view. The Framers agreed to the Three- Fifths Compromise. All “free persons” would be counted as well as “three-fifths of all other persons.” (read slaves)

The Commerce and Slave Trade Compromise The convention agreed that Congress had to have the power to regulate foreign and interstate trade. Southerners feared that Congress would pay for the new gov’t out of export duties- southern tobacco was the major American export at the time- and that Congress would interfere with the slave trade. Southerners insisted on protections. According to the Commerce and Slave Trade Compromise, Congress was forbidden the power to tax the export of goods from any State. Congress was also forbidden the power to act on the slave trade for a period of at least 20 years. The Framers approved their work on Sept. 17th with 39 names on the finished document.

Section 5- Ratifying the Constitution- Ratification Article VII of the new Constitution provided that: “The ratification of the conventions of nine States shall be sufficient for the establishment of this Constitution between the States so ratifying the same.” The document was sent to the States on September 28, 1787.

Federalists and Anti-Federalists The proposed Constitution was printed, circulated, and debated vigorously. Two groups emerged in each of the States: the Federalists, who favored ratification, and the Anti-Federalists, who opposed it. The Federalists were led by James Madison and Alexander Hamilton. Their opposition was headed by Patrick Henry, Richard Henry Lee, John Hancock, and Samuel Adams. The Federalists argued that the Articles were weak and that many difficulties faced by the Republic could only be overcome by a new gov’t based on the proposed Constitution. The Anti-Federalists objected to the ratification process, the absence of any mention of God, and the denial to the States of a power to print money. The Anti-Federalists also resented the greatly increased powers of the central government and the lack of a bill of rights.

Success!! Delaware was the first State to ratify. It did so on December 7th, 1787. On June 21st, 1788, New Hampshire brought the number of ratifying States to 9. Under Article VII, this should have brought the Constitution into effect, but it did not. Virginia and New York had not ratified yet and without these key states the new government could not hope to succeed. Virginia’s ratification followed New Hampshire’s four days later, on June 25th, 1788. GW along with Madison was able to get a reluctant Jefferson to support the document.

Success!! New York’s convention narrowly voted 30 to 27 for ratification on July, 26th, 1788. The contest in New York gave rise to a remarkable campaign document: The Federalist, a collection of 85 essays written in support of the Constitution by Hamilton, Madison, and John Jay. The essays were published as letters to the people in various newspapers in New York. The essays were soon collected in book form. In order to get the Constitution ratified the Federalists promised to support amending the Constitution to include a bill of rights.

Inauguration of the New Government On September 13th, 1788, with 11 of the 13 States “under the federal roof”, the Congress of the Confederation paved the way for its successor. New York was chosen as the temporary capital. The first Wednesday in January was the date on which the States would choose presidential electors. The first Wednesday in February was set as the date on which those electors would vote, and the first Wednesday in March was set as the date for the inauguration of the new government. The new Congress convened on March 4th, 1789, meeting at Federal Hall, on Wall Street in NYC. On April 6th, George Washington was elected President by unanimous vote and John Adams Vice President, with a small majority. On April 30th, 1789, George Washington took the oath of office as the first President of the United States.

AGES- The Constitution- Section 1- The Six Basic Principles The Constitution is this nation’s fundamental law, “the supreme law of the land.” The Constitution is built on six basic principles: popular sovereignty, limited government, separation of powers, checks and balances, judicial review, and federalism. Popular Sovereignty- In the United States, all power belongs to the people. The people are sovereign. Popular sovereignty means that the people are the only source of governmental power. Government can govern only with the consent of the governed.

The Constitution- The Six Basic Principles Limited Government- The principle of limited government holds that government is NOT all-powerful, that it may do ONLY those things that the people have given it the power to do. Limited government means that the government must obey the law. This principle is often called constitutionalism, that is, the government must be conducted according to constitutional principles. The concept of limited government is also described as the rule of law- that is, government and its officers are always subject to- never above- the law.

The Constitution- The Six Basic Principles Separation of Powers- The Constitution distributes the powers of the National Government among the Congress (the legislative branch), the President (the executive branch), and the courts (the judicial branch). Congress is the lawmaking branch of the National Government. The President is given the law-executing, law-enforcing, law-administering powers of the National Government. The federal courts, and most importantly the Supreme Court, interpret and apply the laws of the United States. Thus, the Constitution was intended to create a stronger government for the United States and to also limit the powers of that government.

The Constitution- The Six Basic Principles Checks and Balances- The three branches of government are not entirely separated or completely independent of one another. They are tied together by a complex system of checks and balances. Each branch is subject to a number of constitutional checks (restraints) by the other branches. This system makes compromise a necessary and vital part of democratic government. This system also prevents one branch from having too much power over another branch!

The Constitution- The Six Basic Principles Judicial Review- The power of judicial review is the power to decide whether what government does is in accord with what the Constitution provides. It is the power of a court to determine the constitutionality of a government action. Judicial review is the power to declare unconstitutional – to declare illegal, null and void, of no force and effect- a governmental action found to violate some provision in the Constitution. The power of judicial review is held by all federal courts and most state courts. The Supreme Court established the power of judicial review in the landmark case of Marbury v. Madison in 1803.

The Constitution- The Six Basic Principles Federalism- The principle of federalism- the division of power among a central (national) government and several regional (state) governments- came to the Constitution out of both experience and necessity.

AGES- Congress- Section 1- The National Legislature Because we live in a representative democracy, our representatives do the day-to-day work of government. The Congress, as the legislative branch of the National Government, is charged with the most basic governmental function in a democratic system: that of translating the public will into public policy in the form of law. The major function of the Congress is to make law.

Bicameralism Bicameralism is a reflection of federalism. Each of the States is equally represented in the Senate and in terms of its population in the House. The Senate was purposely created as a body in which the States would be represented as coequal members and partners in the Union. The Framers favored a bicameral Congress in order that one house might act as a check on the other.

Terms and Sessions of Congress Each term – the specified length of time served by an elected official in their elected office- of Congress lasts for two years and each term is numbered consecutively. There are two sessions- the regular period of time during which a legislative body conducts business- to each term of Congress, one each year. Congress adjourns each regular session as it sees fit. Neither house may adjourn sine die- that is, finally, ending a session- without the consent of the other. Congress can also meet in special session- a meeting called by the President to deal with a pressing issue. Only the President may call special sessions.

Section 2- The House of Representatives Size and Terms- The exact size of the House- today, 435 members- is not fixed by the Constitution. It is set by Congress. The Constitution provides that the total number of seats shall be apportioned- that is, distributed- among the States on the basis of their respective populations. Each State is guaranteed at least one seat in the House, no matter what its population.

The House of Representatives The District of Columbia, Guam, the Virgin Islands, and American Samoa each elect a delegate to represent them in the House; and Puerto Rico chooses a resident commissioner. These officials ARE NOT, however, members of the House of Representatives. The Constitution provides that “Representatives shall be…chosen every second year”- that is, for two-year terms. There is NO constitutional limit on the number of terms representatives may serve.

Reapportionment Article I of the Constitution directs Congress to reapportion- redistribute- the seats in the House after each decennial census. The “permanent” size of the House is 435 members. That figure is permanent so long as Congress does not decide to change it. Following each census, the Census Bureau is to determine the number of seats each State should have.

CONGRESS Congressional Elections- According to the Constitution, any person whom a State allows to vote for members of “the most numerous branch” of its own legislature is qualified to vote in congressional elections. Date- Congressional elections are held on the same day in every State. Since 1872 Congress has required that those elections be held on the Tuesday following the first Monday in November of each even-numbered year. Off-Year Elections- Congressional elections that occur in the nonpresidential years-that is, between presidential elections-are called the off-year elections.

Congressional Districts The 435 members of the House are chosen by the voters in 435 separate congressional districts across the country. Under the single-member district arrangement, the voters in each district elect one of the State’s representatives from among a field of candidates running for a seat in the House from that district. In the general ticket system, all of the State’s seats are filled from the State at-large-that is, from the State as a whole. All the voters could vote for all that State’s representatives. Congress did away with the general ticket system in 1842.

Congressional Districts The 1842 law made each State legislature responsible for the drawing of any congressional districts within its own State. It also required that each congressional district be made up of “contiguous territory,” meaning that it must be all one piece. In 1872 Congress added the command that the districts within each State have “as nearly as practicable an equal number of inhabitants.” In 1901 it further directed that all the districts be of “compact territory,” meaning that they should cover the smallest possible area.

Gerrymandering Congressional districts that have been gerrymandered have been drawn to the advantage of the political party or faction that controls the State legislature.

Qualifications for House Members According to the Constitution, a member of the House must be at least 25 years of age, must have been a citizen for at least seven years, and must be an inhabitant of the State form which he or she is chosen. Longstanding custom, not the Constitution, also requires that a representative must live in the district he or she represents. The Constitution makes the House “the judge of the elections, returns, and qualifications of its own members.” The House may refuse to seat a member-elect by majority vote. It may also “punish its own members for disorderly behavior” by a majority vote, and “with the concurrence of two-thirds, expel a member.” In nearly 200 years, the House has expelled only four members.

Section 3- The Senate Elections and Terms- The Constitution says that the Senate “shall be composed of two senators from each State.” Today, 100 senators represent the 50 States. Originally, the Constitution provided that the members of the Senate were to be chosen by the State legislatures. Since the ratification of the 17th Amendment in 1913, Senators have been picked by the voters in each State at the regular November elections. Each senator is elected from the State at-large. Senators serve six-year terms. They may be reelected to any number of terms. The terms are staggered. Only a third of them-33 or 34- expire every two years.

The Senate The Senate then, can be called a continuous body. That is, all its seats are never up for election at the same time. The six-year term is intended to make senators less subject to the pressures of public opinion and to the pleas of special interests than are their colleagues in the House. Senators are supposed to be focused on the “big picture” of the national interest.

The Senate Qualifications for Senators- A senator must be at least 30 years of age, must have been a citizen for at least nine years, and must have been an inhabitant of the State from which he or she is elected. The Senate, like the House, judges the qualifications of its members, and it may exclude a member-elect by a majority vote. It may also “punish its members for disorderly behavior” by majority vote and, “with the concurrence of two thirds, expel a member.”

Section 4- The Members of Congress- Personal and Political Backgrounds- The “average” member of Congress is a white male in his mid-50s. Nearly all members are married and they have, on average, two children. Just about 60% are Protestant, a fourth Roman Catholic, and some 8% are Jewish. Well over a third of the members of the House and well over half the senators are lawyers. Nearly all went to college, with more than for out of five having a college degree. The average senator is serving a second term, and the typical representative has served four terms.

The Members of Congress Duties of the Job- The major job of the 535 members of Congress is to make law. Members of Congress are (1) Legislators, (2) committee members, (3) representatives of their constituents, the people of their States or districts, (4) servants of their constituents, and (5) politicians. As committee members, members of Congress screen proposed laws (bills) and decide which of them will go on to floor consideration-that is, be acted upon by the full membership of their respective chambers. As part of their committee work, members of Congress also exercise the oversight function. They check to see that the various agencies in the executive branch are working effectively and are acting in line with the policies that Congress has set by law. Each lawmaker has four voting options: trustee, delegate, partisan, or politico.

Congress Trustees- Facing questions and deciding on merit. Conscience and independent judgment are their guides. Trustees call issues as they see them, regardless of the views held by their own constituents or other groups that seek to influence their decisions. Delegates- Members see themselves as agents for those who elected them. They believe they should vote the way they think “the folks back home” would want. They can suppress their own views, ignore those of their party’s leaders and ignore special interests. Partisans- These lawmakers owe their first allegiance to their political party and are duty-bound to vote in line with the party platform and the wishes of their party’s leaders. Politicos- Politicos attempt to combine the basic elements of the trustee, delegate, and partisan. They try to balance their own views of what is best for their constituents and/or the nation as a whole, the political facts of life, and the peculiar pressures of the moment. Compensation- The Constitution gives Congress the power to set its own pay. All member’s mail is sent postage free under the franking privilege.

Powers of Congress Section 1- The Scope of Congressional Powers- Congressional Power Strict Versus Liberal Construction: Strict constructionists, led by Thomas Jefferson, argued the Anti-Federalist position that Congress should be able to exercise only (a) its expressed powers and (b) those implied powers absolutely necessary to carry out those expressed powers. They wanted the States to keep as much power as possible. They agreed with Jefferson that “that government is best which governs least.” The liberal constructionists, led by Alexander Hamilton, favored a liberal interpretation of the Constitution, a broad construction of the powers given to Congress.

Powers of Congress Section 2- The Expressed Powers- Most, but not all, of the expressed powers of Congress are found in Article I, Section 8 of the Constitution. There, in 18 separate clauses, 27 different powers are explicitly given to Congress.

Powers of Congress The Power to Tax- Article I, Section 8, Clause I gives Congress the power “To lay and collect taxes, duties, imposts and excises, to pay the debts, and provide for the common defense and general welfare of the United States…” A tax is a charge levied by government on persons or property to meet public needs. The protective tariff has a goal of protecting domestic industry against foreign competition by increasing the cost of foreign goods.

Powers of Congress The Constitution places four explicit limitations on the taxing power: (1)Congress may tax only for public purposes, not for private benefit. (2)Congress may not tax exports. Thus, customs duties, or tariffs, which are taxes, may be placed only on imports. (3)Direct taxes must be apportioned among the States, according to population. A direct tax is one that must be paid by the person on whom it is imposed- for example, a tax on the ownership of land or buildings, or a capitation (head or poll) tax. An income tax is a direct tax. (4) All indirect taxes must be levied at the same rate in all parts of the country. An indirect tax is one first paid by one person but then passed on to another. It is indirectly paid by that second person. (E.G. The federal tax on cigarettes is paid to the Treasury by the tobacco company that makes the cigarettes. That company then passes the tax on to the person who buys the cigarettes.)

Powers of Congress The Power to Borrow- Congress has the power “to borrow money on the credit of the United States.” There is no constitutional limit on the amount that Congress can borrow. The Commerce Power- The commerce power- the power of Congress to regulate interstate and foreign trade-is as vital to the welfare of the nation as the taxing power. The Currency Power- The Constitution gives Congress the power “to coin money [and] regulate the value thereof.” The States are forbidden that power. From 1789 on, among the most important of all the many tasks performed by the Federal Government has been that of providing the nation with a uniform, stable monetary system. Legal tender is any kind of money that a creditor must by law accept in payment for debts. Congress did not create a national paper currency, and make it legal tender, until 1862.

Powers of Congress Bankruptcy- Congress has the power “to establish… uniform laws on the subject of bankruptcies, throughout the United States.” A bankrupt is one whom a court has found to be insolvent-that is, unable to pay his or her debts in full. Bankruptcy is the legal proceeding in which the bankrupt’s assets are distributed among those to whom a debt is owed. That proceeding frees the bankrupt form legal responsibilities for debts acquired before bankruptcy. As both the States and the National Government have the power to regulate bankruptcy, this is a concurrent power.

Powers of Congress Foreign Relations and War Powers- Congress shares power in the field of foreign affairs with the President. Congressional authority in the field of foreign relations comes from two sources: (1) from various expressed powers-including, especially, the several war powers and the power to regulate foreign commerce and (2) from the fact that the United States is a sovereign state in the world community. As the nation’s lawmaking body, Congress has the inherent power to act on matters affecting the security of the nation.

Powers of Congress War Powers- Here, too, Congress shares power with the chief executive. The Constitution makes the President the commander in chief of the nation’s armed forces, and, as such, the President dominates the field. The congressional war powers, however, are extensive and substantial. Only Congress may declare war. It has the power to raise and support armies and to provide and maintain a navy.

Additional Powers of Congress Naturalization- Article I, Section 8, Clause 4 gives Congress the exclusive power “to establish an uniform rule of naturalization.” Naturalization is the process by which citizens of one country become citizens of another. The Postal Power- Congress has the exclusive power “to establish post offices and post roads.” That power covers the authority to protect the mails and to ensure their quick and efficient distribution.

Additional Powers of Congress Copyrights and Patents- Congress has the power “To promote the progress of science and useful arts, by securing, for limited times, to authors and inventors, the exclusive right to their respective writings and discoveries.” A copyright is the exclusive right of an author to reproduce, publish, and sell his or her creative work. A patent grants a person the sole right to manufacture, use, or sell “any new and useful art, machine, manufacture, or composition of matter, or any new and useful improvement thereof.” Weights and Measures- The Constitution gives the Congress the power “to fix the standards of weights and measures” throughout the United States.

Additional Powers of Congress Power Over Territories and Other Areas- Congress has the power to acquire, manage, and dispose of various federal areas. That power relates to the District of Columbia and to the several federal territories, including Puerto Rico, Guam, and the Virgin Islands. The Federal Government may acquire property by purchase or gift. It may do so, too, through the exercise of eminent domain- the inherent power to take private property for public use. Judicial Powers- Congress has the expressed power to create all of the federal courts in the federal judiciary below the Supreme Court and to provide for the organization and composition of the federal judiciary. Congress also has the power to define federal crimes and provide for the punishment of those who violate federal law.

Section 3- The Implied Powers The Constitution gives Congress a large number of powers that are not specifically mentioned in the document but that are covered in one of its clauses. These are the implied powers. The Necessary and Proper Clause- The Necessary and Proper Clause is the provision in the Constitution from which the implied powers flow. The Necessary and Proper Clause gives to Congress the power “To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the Government of the United States, or in any department or officer thereof.” Because the vitality and adaptability of the Constitution can be traced to this provision, the Necessary and Proper Clause has been called the “Elastic Clause.”

Implied Powers The Battle Over Implied Powers- Liberal constructionists believe the Necessary and Proper Clause gives Congress the power to do anything that is reasonably related to the exercise of the expressed powers. Strict constructionists believe that the government has only those powers expressly granted to it by the Constitution and those powers absolutely necessary to carry out those expressed powers. The Doctrine in Practice- Today the words “necessary and proper” really read “convenient and useful.” The basis for any implied power must always be found among the expressed powers. The implied powers are those that may be reasonably drawn form the expressed powers.

AGES- Congress in Action- Section 1- Congress Organizes- Congress Convenes Congress convenes, begins a new term, every two years- on January 3rd of every odd- numbered year, following the general elections in November. Convene= Begin…..your Keystone vocab word of the day!

Congress Organizes- Congress Convenes Opening Day in the House- Members-to-be choose a Speaker as their permanent presiding officer. By custom, the Speaker is a long-standing member of the majority party. His election on the floor is only a formality. He takes the oath of office and then swears in the rest of the members as a body. Democrats take their seats to the right, Republicans to the left. The House then adopts the rules that will govern its proceedings through the term. Members of the 19 permanent committees of the House are appointed by a floor vote, and with that the House is organized.

Congress Organizes- Congress Convenes- The Senate Opening Day in the Senate- Because the Senate is a continuous body, it does not face large organizational problems at the beginning of a term. Newly elected and reelected members must be sworn in, vacancies in Senate organization and on committees must be filled, and a few other details attended to.

Congress Organizes- Congress Convenes The President’s State of the Union Message- When the Senate is notified that the House is organized, a joint committee of the two is appointed and instructed “to wait upon the President of the United States and inform him that a quorum of each House is assembled and that the Congress is ready to receive any communication he may be pleased to make.” Within a few weeks, the president delivers the annual State of the Union message to a joint session of Congress. The President reports on the state of the nation as he sees it, in both domestic and foreign policy terms. The President lays out the broad shape of the policies his administration will follow and the course he has charted for the nation.

The Presiding Officers The Speaker of the House is both the elected presiding officer of the House and the acknowledged leader of its majority party. The Speaker presides over all sessions of the House and keeps order in the House. No member may speak until recognized by the Speaker. The Speaker interprets and applies the rules, refers bills to the standing committees, rules on points of order, puts questions to a vote, and decides the outcome of most of the votes taken. The Speaker also names members of all select and conference committees and signs all bills and resolutions passed by the House.

The Presiding Officers The Speaker may debate and vote on any matter before the House. If he chooses to do so, he must appoint a temporary presiding officer (the Speaker pro tempore). The Speaker does not often vote, and the rules say that he must vote only to break a tie. Because a tie defeats a question, the Speaker can vote to cause a tie and so defeat a proposal. The Speaker of the House follows the Vice president in the line of succession to the presidency.

The Presiding Officers The president of the Senate, the presiding officer in that body, is not a member of the Senate. The Constitution assigns this office to the Vice President of the United States. The Vice President cannot take the floor to speak or debate and may vote only to break a tie. The president pro tempore serves in the Vice President’s absence. The president pro tempore is elected by the Senate itself and is always a leading member of the majority party.

Floor Leaders and Other Party Officers Congress is a political body. This so for two reasons: (1) because Congress is the nation’s policy-making body and, (2) because of its partisan makeup. Thus, both houses are organized along party lines. This organization creates some powerful positions.

The Floor Leaders Next to the Speaker, the most important officers in Congress are the majority and minority floor leaders in the House and Senate. They are party officers, picked for their posts by their party colleagues. The floor leaders are legislative strategists. They try to carry out the decisions of their parties’ caucuses and steer floor action to their parties’ benefit. This requires great political skills.

The Floor Leaders The majority leader’s post is the more powerful in each house as the majority party has more seats and thus more votes than the other party. Along with the presiding officer and the minority leader, the majority leader plans the order of business on the floor. The two floor leaders in each house are assisted by party whips or assistant floor leaders. The job of the whip is to check with party members and advise the floor leader of the number of votes that can be counted on in any particular matter. Whips try to have members present for important votes and try to make sure they vote with the party leadership.

The Party Caucus The party caucus is a closed meeting of the members of each party in each house. It meets just before Congress convenes in January and occasionally during a session. The caucus deals mostly with matters of party organization. The policy committee, composed of the party’s top leadership, acts as an executive committee for the caucus.

Committee Chairmen The bulk of the work of Congress, especially in the house, is really done in committee. Thus each committee chairman- those members who head the standing committees in each chamber- also hold strategic posts. Committee chairmen decide when their committees will meet, which bills they will take up, whether they will hold public hearings, and what witnesses the committee should call.

Seniority Rule This is an unwritten custom. The seniority rule provides that the most important posts in each chamber will be held by its ranking members-those party members with the longest records of service in Congress. The seniority system can sometimes ignore ability and can be discouraging to younger members.

Section 2- Committees in Congress Much of the work of Congress is done by committees: Standing Committees- Each house sets up permanent groups known as standing committees to handle similar bills. Most standing committees handle bills dealing with particular policy matters. When a bill is introduced in either house, the Speaker or the president of the Senate refers the measure to the appropriate standing committee. The majority party always holds a majority of the seats on each committee.

The House Rules Committee This committee is sometimes called the “traffic cop” in the lower house. Many measures introduced require screening. Most bills die in committee. Before most bills can reach the floor of the House, they must also clear the Rules Committee. Normally, a bill gets to the floor only if it has been granted a rule-scheduled for floor consideration- by the Rules Committee. The committee decides whether and under what conditions the full House will consider a measure. In the Senate, the majority floor leader controls the appearance of bill son the floor.

Select Committees Sometimes, each house finds the need for a select committee- a special group set up for some specific purpose and, most often, for a limited time. The Speaker of the House or the president of the Senate appoints the members of these special committees with the advice of the majority and minority leaders. Most select committees are formed to investigate a current matter as the congressional power to investigate is an essential part of the lawmaking function.

Joint and Conference Committees A joint committee is one composed of members from both houses. Some joint committees are investigative in nature and issue periodic reports to the House and Senate. Before a bill may be sent to the President, it must be passed in identical form by each house. Sometimes, the two houses pass differing versions of a measure, and the first house will not agree to the changes the other has made. When this happens, a conference committee-a temporary joint body-is created to iron out the differences in the bill. Its job is to produce a compromise bill, one that both houses will accept.

Section 3- How a Bill Becomes a Law: The House Creating and Introducing Bills- Most bills introduced in either house DO NOT originate with members of Congress themselves. Most bills- the important as well as the routine-are born somewhere in the executive branch. Pressure groups often draft measures as well. According to the Constitution: “All bills for raising revenue shall originate in the House of Representatives, but the Senate may propose or concur with amendments as on other bills.” Measures dealing with any other matter may be introduced in either chamber. Only members can introduce bills in the House.

Types of Bills and Resolutions Bills are proposed laws, or drafts of laws, presented to the House or Senate for enactment. There are two types of bills: public bills and private bills. Public bills are measures applying to the nation as a whole. Private bills are those measures that apply to certain persons or places rather than to the nation generally. Joint resolutions are little different from bills, and when passed have the force of law. Joint resolutions most often deal with unusual or temporary matters. Joint resolutions are also used to propose constitutional amendments, and they have been used for territorial annexations. Concurrent resolutions deal with matters in which the House and Senate must act jointly. They DO NOT have the force of law and DO NOT require the President’s signature. They are most often used by Congress to state a position on some matter- for example, in foreign affairs.

Types of Bills and Resolutions Resolutions deal with matters concerning either house alone and are taken up only by that house. They are regularly used for such things as the adoption of a new rule of procedure or the amendment of some existing rule. Like concurrent resolutions, a resolution DOES NOT have the force of law and is not sent to the President for approval. A bill or resolution usually deals with a single subject, but sometimes a rider dealing with an unrelated matter is included. A rider is a provision not likely to pass on its own merit that is attached to an important measure certain to pass. Its sponsors hope that it will “ride” thru the legislative process on the strength of the other measure. Most riders are tacked onto appropriations measures-those in which Congress provides the money to pay for something.

The First Reading The clerk of the House numbers each bill as it is introduced. The clerk also gives each bill a short title- a very brief summary of its principle contents. The bill is then entered in the House Journal and in the Congressional Record for the day. With these actions the bill has received its first reading. Each bill that is finally passed in either house is given three readings along the legislative route. In the House, second reading comes during floor consideration if the measure gets that far. Third reading takes place just before the final vote on the measure. After first reading, the Speaker refers the bill to the appropriate standing committee- that is, the committee with jurisdiction over the bill’s subject matter.

The Bill in Committee Most bills die in committee. When a committee pigeonholes a measure that a majority of the House wishes to consider, the bill can be blasted out of the committee with a discharge petition. This device enables members to force a bill that has been in committee 30 days (7 in the Rules Committee) onto the floor for consideration. This maneuver is not often tried and is seldom successful. Most committees do most of their work thru their several subcommittees-divisions of existing committees formed to address specific issues. Where an important or controversial bill is involved, a committee, or more often one of its subcommittees, holds public hearings on the measure.

The Bill in Committee Interested persons, special interest groups, and government officials are invited to testify at these information gathering sessions. When a subcommittee has completed its work on a bill, the measure goes to the full committee. That body may choose one of several courses of action. It may: 1.Report the bill favorably, with a “do pass” recommendation. It is then the chairman’s job to steer the bill thru debate on the floor. 2.Refuse to report the bill- that is, pigeonhole it. This is the fate suffered by most measures in both houses. 3.Report the bill in amended form. 4.Report the bill with an unfavorable recommendation. This DOES NOT happen often. 5.Report a committee bill. This is an entirely new bill that the committee has substituted for one or several bills referred to it.

Rules and Calendars Before it goes to the floor for consideration, a bill reported by a standing committee is placed on one of several calendars. A calendar is a schedule of the order in which bills will be taken up on the floor. Before most measures can be taken from a calendar, the Rules Committee must approve that step and set a time for its appearance on the floor.

The Bill on the Floor If a bill finally reaches the floor, it receives its second reading in the House. Many bills the House passes are minor ones, with little or no opposition. All the more important measures are considered in the Committee of the Whole, an old parliamentary device for speeding business on the floor. The Committee of the Whole is the House sitting not as itself but as one large committee of itself. Its rules are much less strict than the rules of the House, and floor action moves along at a faster pace. For example, a quorum –majority of the full membership,218-must be present in order for the House to do business. However, only 100 members need be present in the Committee of the Whole.

The Bill on the Floor When the House resolves itself into the Committee of the Whole, the Speaker steps down because the full House is no longer in session. Another member presides. General debate begins, and the bill receives its second reading, section by section. When the bill has been gone thru, the Committee of the Whole has completed its work. It then rises-that is, dissolves itself. The House is now back in session. The speaker resumes the chair, and the House formally adopts the committee’s work.

Debate A rule first adopted in 1841 forbids any member from holding the floor for more than one hour without unanimous consent. Since 1880 the Speaker has had the power to force any member who strays from the subject at hand to give up the floor. The majority and minority floor leaders generally decide in advance how they will split the time to be spent on a bill.. But at any time, any member may “move the previous question.” That is, any member may demand a vote on the issue before the House. If that motion passes, only 40 minutes of further debate are allowed before a vote is taken.

Voting A bill may be the subject of several votes on the floor. If amendments are offered. As they frequently are, members must vote on each of them. Motions may be offered. Members must vote on each of these motions.

Voting The House uses four different methods for the taking of floor votes: 1.Voice votes are the most common. The Speaker asks for the “ayes”, then the “noes” and then announces the result. 2.If any member thinks the Speaker has erred in judging a voice vote, he or she may demand a standing vote, aka a division of the House. All in favor, and then all opposed, stand and are counted by the clerk. 3.One-fifth of a quorum (44 members in the House or 20 in the COTW) can demand a teller vote. Teller votes are rare today and the practice has been replaced by electronic voting. 4.A roll-call vote, aka a record vote, may be demanded by one- fifth of the members present. The Constitution requires a record vote on the question of overriding a presidential veto.

Voting Voting procedures are much the same in the Senate except that the Senate does not take teller votes or use an electronic voting process. Once a bill has been approved at second reading, it is engrossed-that is, printed in its final form. Then it is read a third time, by title, and a final vote is taken. If the bill is approved at third reading, it is signed by the Speaker. A page-a legislative aide- then carries it to the Senate and places it on the desk of the Senate president’s desk.

Section 4- The Bill in the Senate and the Final Stages: Introducing the Bill in the Senate Bills are introduced by senators, who are formally recognized for that purpose. A measure is given a number and short title, read twice, and referred to committee, where bills are dealt with much as they are in the House. Bills are called to the floor at the discretion of the majority floor leader.

Bills in the Senate The Senate’s Rules for Debate- The major differences in House and Senate procedures involve debate. Floor debate is strictly limited in the House, but almost unrestrained in the Senate. As a general matter, senators may speak on the floor for as long as they please. The Senate’s consideration of most bills is brought to a close by unanimous consent agreements. That is, discussion ends and the senators vote at a time previously agreed to by the majority and minority leaders. But if any senator objects-prevents unanimous consent-the device fails. Freedom of debate and full discussions can be abused by the filibuster.

Bills in the Senate The Filibuster- Essentially, a filibuster is an attempt to “talk a bill to death.” It is a stalling tactic, a process in which a minority of senators seeks to delay or prevent Senate action on a measure. The filibusters try to monopolize the Senate floor and its time so that the Senate must either drop the bill or change it in some manner acceptable to the minority. Talk is the filibuster’s major weapon. Senators can also use time-killing motions, quorum calls, and other parliamentary maneuvers.

Bills in the Senate The Cloture Rule- The Senate’s real check on the filibuster is its Cloture Rule. Cloture is the limiting of debate. It can be brought into play only by a special procedure. A vote to invoke the rule must be taken two days after a petition calling for that action has been submitted by at least 16 members of the Senate. If at least 60 Senators-3/5ths of the full Senate- then vote for the motion, the rule becomes effective. From that point, no more than another 30 hours of floor time may be spent on the measure. Then it must be brought to a final vote. Many senators hesitate to support cloture motions for two reasons: (1) their dedication to the Senate’s tradition of free debate and (2) their practical worry that the frequent use of cloture will undercut the value of the filibuster that they may some day want to use.

Bills in the Senate The Conference Committees- Any measure enacted by Congress MUST have been passed by both houses in identical form. When the House or the Senate do not accept the other’s version of a bill, the measure is turned over to a conference committee- a temporary joint committee of the two houses. It seeks to iron out differences and come up with a compromise bill. Once the conferees agree, their report-the compromise bill- is submitted to both houses. It must be accepted or rejected without amendment.

Passing a Bill The President Acts- The Constitution requires that, “Every bill which shall have passed the House of Representatives and the Senate…[and] every order, resolution, or vote, to which the concurrence of the Senate and House of Representatives may be necessary (except on a question of adjournment) shall be presented to the President….”

The President Acts The Constitution presents the President with four options at this point: 1.The President may sign the bill, and then it becomes law. 2.The President may veto- refuse to sign- the bill. The measure must then be returned to the house in which it originated, together with the President’s objections (a veto message). Although it seldom does, Congress may then pass the bill over the President’s veto, by a two-thirds vote of the members present in each house. 3.The President may allow the bill to become law without signing it-by not acting on it within 10 days, not counting Sundays, of receiving it. 4.The fourth option is a variation of the third called the pocket veto. If Congress adjourns its session within 10 days of submitting a bill to the President, and the President does not act, the measure dies. Beginning in 1997, the President has a “line-item veto”-a power that Congress has given him by statute and with which he can reject one or more money items in Appropriations bills.

AGES- The Presidency-Section 1-The President’s Job Description- The President’s Roles The President is: (1) chief of state, (2) chief executive, (3) chief administrator, (4) chief diplomat, (5) commander in chief, (6) chief legislator, (7) party chief, and (8) chief citizen.

The President’s Roles Chief of State-The President is chief of state, the ceremonial head of the government of the United States. The symbol of all the people of the nation, the President both reigns and rules. Chief Executive-The President is the nation’s chief executive, vested by the Constitution with “the executive power of the United States.” Chief Administrator- The President is the chief administrator of the Federal Government. Chief Diplomat- The President is also the nation’s chief diplomat, the main architect of American foreign policy and the nation’s chief spokesperson to the rest of the world.

The President’s Roles Commander in Chief- The President is the commander in chief of the nation’s armed forces. Chief Legislator- The President is also the nation’s chief legislator, the main architect of its public policies. Chief of Party- As chief of party, the President is the leader of the political party that controls the executive branch. Chief Citizen- As chief citizen, the President represents all the people, working for the public interest against the many private interests.

THE PRESIDENT Interrelated Nature of Presidential Roles- The President must play all these roles simultaneously. None of these roles are played in isolation. Formal Qualifications- The Constitution says that the President must: 1.Be a “natural-born citizen.” 2.Be at least 35 years of age. 3.Have lived in the United States for at least 14 years. The President’s Term- The Framers settled on a four-year term. The 22nd Amendment limits a President to two terms. No President may serve more than 10 years in office. Pay and Benefits- The President’s salary is fixed by Congress, and it can neither be increased nor decreased during a term. The President also receives an expense account which is taxable as income and is part of the President’s pay above and beyond his salary. The President also gets a lifetime pension.

AGES- The Federal Court System Government would be impossible to manage without a judiciary. Thus, the Framers of the Constitution added Article III which established the Supreme Court and gave Congress the power to create other, lower federal courts. It is the prime function of the legislative branch to make the law, and of the judicial branch-the system of federal courts and federal judges- to interpret and apply the law.

The Federal Court System Section 1- The National Judiciary- The Creation of a National Judiciary- Under the Articles of Confederation there was NO national judiciary. Disputes between States and between persons who lived in different States were decided, if at all, by the courts in one of the States involved. Alexander Hamilton, in The Federalist No.78 spoke of the need for a national judiciary. A Dual Court System- There are TWO separate court systems in the United States. The national judiciary spans the country and each of the 50 States has their own system of courts. State courts hear most of the cases in this country.

The Federal Court System Two Kinds of Federal Courts- The Congress has created two distinct types of federal courts: (1) the constitutional courts and (2) the special courts. Constitutional Courts- The constitutional courts aka the regular courts or Article III courts are the federal courts that Congress has formed under Article III to exercise “the judicial power of the United States.” Together with the Supreme Court, they now include the courts of appeals, the district courts, and the Court of International Trade.

The Federal Court System Special Courts- The special courts DO NOT exercise the broad “judicial power of the United States.” They have been created by Congress to hear cases arising out of some of the expressed powers given to Congress in Article I. The special courts hear a much narrower range of cases than those that may come before the constitutional courts. These special courts are sometimes called the legislative courts. They include the Court of Appeals for the Armed Forces, the Court of Veteran Appeals, the Claims Court, the Tax Court, the various territorial courts, and the courts of the District of Columbia.

The Federal Court System Jurisdiction in the Federal Courts- The constitutional courts hear most of the cases tried in the federal courts. That is, those courts have jurisdiction over most federal cases. The word jurisdiction is defined as the authority of a court to hear and decide a case. The term means, literally, the power “to say the law.” Article III, Section 2 of the Constitution provides that the federal courts hear a case because of (1) the subject matter or (2) the parties involved in the case.

The Federal Court System Subject Matter- The federal courts may hear a case if it deals with: (1) the interpretation and application of a provision in the Constitution or in any federal statute or treaty; or (2) a question of admiralty (matters that arise on the high seas or navigable waters of the United States) or a question of maritime law (matters arising on land but directly relating to the water- for example, a contract to deliver a ship’s supplies at dockside).

The Federal Court System Parties- A case comes within jurisdiction of the federal courts if any of the parties in the case is: (1) the United States or one of its officers or agencies; (2) an ambassador, consul, or other official representative of a foreign government; (3) a State suing another State, or a citizen of another State, or a foreign government or one of its subjects; (4) a citizen of one State suing a citizen of another State; (5) an American citizen suing a foreign government or one of its subjects; (6) a citizen of one State suing a citizen of that same State where both claim land under grants form different States. All cases that are not heard by the Federal courts are within the jurisdiction of the States’ courts.

The Federal Court System Exclusive and Concurrent Jurisdiction- Exclusive jurisdiction applies to those cases that can be heard ONLY in the federal courts. Many cases may be tried in either a federal court or a State court. In such instances, the federal and State courts have concurrent jurisdiction; they share the power to hear those cases. Disputes involving citizens of different States are known in the law as cases in diverse citizenship. Congress has provided that the federal district courts may hear cases in diverse citizenship ONLY if the amount of money involved in a case is over $50K. In such cases the plaintiff- the one who initiates the suit-may bring the case in the proper State or federal court, as he or she chooses. If the case is brought before the State court, the defendant- the party who must defend against the complaint-may have it moved to the federal district court.

The Federal Court System Original and Appellate Jurisdiction- A court in which a case is HEARD FIRST is said to have original jurisdiction over that case. A court that hears a case ON APPEAL from a lower court has appellate jurisdiction over that case. The higher court-the appellate court-may uphold, overrule, or in some way modify the decision appealed from the lower court. In the federal court system, the district courts have ONLY original jurisdiction and the courts of appeals have ONLY appellate jurisdiction. The Supreme Court exercises BOTH original and appellate jurisdiction.

The Federal Court System Appointment of Judges- The Constitution declares that the President “shall nominate, and by and with the advice and consent of the Senate, shall appoint…judges of the Supreme Court.” Congress has provided the SAME procedure for the selection of all other federal judges. So, the President is free to name to the federal bench anyone the Senate will confirm. Presidents regularly look for judges who share their own legal and political outlook-the President’s ideology.

The Federal Court System Terms and Pay of Judges- The judges of the constitutional courts are appointed FOR LIFE- until they resign, retire, or die in office. They may be removed only thru the impeachment process. The Constitution’s grant of what amounts to life tenure for most judges is intended, and works, to ensure the independence of the federal judiciary. Congress sets the salaries of all federal judges.

The Federal Court System- Court Officers The primary mission of federal judges is to hear and decide cases. Each federal court appoints a clerk who has custody of the seal of the court and keeps a record of the court’s proceedings. Deputy clerks, stenographers, bailiffs, and others assist the clerk. Each of the federal district courts appoints at least one United States magistrate. Federal magistrates serve 8 year terms. They issue warrants of arrest and often hear evidence to decide whether or not a person who has been arrested on a federal charge should be held for action by the federal grand jury. They also set bail in federal criminal cases, and even have the power to try those charged with certain minor offenses. The President appoints, subject to Senate confirmation, a United States attorney for each federal judicial district. The U.S. attorneys and their assistants are responsible for the prosecution of all persons charged with federal crimes and they represent the United States in all civil actions brought by or against the government in their district.

Court Officers The President and Senate also appoint a United States marshal to serve each district court. They make arrests in federal criminal cases, keep accused persons in custody, secure jurors, serve legal papers, keep order in the courtroom, and execute court orders and decisions. United States attorneys and marshals are each appointed to four- year terms. Although they are officers of the court, they serve under the direction of the attorney general and are officials of the Department of Justice. Each federal judicial district has at least one bankruptcy judge who serves for 14 years and handles bankruptcy cases at the direction of the district court to which they are assigned.

Section 2- The Inferior Courts Section 2- The Inferior Courts- Inferior is used to describe the lower federal courts, those beneath the Supreme Court. They handle nearly all the cases tried in the federal courts. The District Courts- The United States district courts are the federal trial courts. The district courts were created by Congress in the Judiciary Act of `1789. The 50 States are divided into 89 judicial districts, with one court in each district. There is also one in D.C. and Puerto Rico. Each State forms at least one federal judicial district with the larger, more populous States divided into two or more districts. At least two judges are assigned to each district. Cases tried in the district courts are most often heard by a single judge. Certain cases may be heard by a three-judge panel.

The Inferior Courts Jurisdiction- The district courts have original jurisdiction over most cases that are heard in the federal courts and are the principal trial courts in the federal court system. They hear a wide range of criminal and civil cases. (Bank robbery, kidnapping, mail fraud, counterfeiting, tax evasion, narcotics violations are criminal cases) (Bankruptcy, postal, tax, labor relations, public lands, civil rights are civil cases.) Most of the decisions made in the federal district courts are final. Some cases are appealed to the court of appeals in that judicial circuit or, in a few instances, directly to the Supreme Court.

The Inferior Courts The Courts of Appeals- The courts of appeals were created by Congress in 1891. They were established as “gatekeepers” to relieve the Supreme Court of much of the burden of hearing appeals form the district courts. There are now 12 courts of appeals in the judicial system. The United States is divided into 11 judicial circuits, with one court of appeals for each of those circuits; there is also one in D.C. 179 Circuit judges sit on these appellate courts and a justice of the Supreme Court is assigned to each of them. Each of the courts of appeals usually sits in panels of three judges. Occasionally, to hear an important case a court will sit en banc- that is, with all of the judges for that circuit participating.

The Inferior Courts Jurisdiction- The courts of appeals have only appellate jurisdiction. They hear cases on appeal from the lower federal courts. Their decisions are final, unless the Supreme Court chooses to hear appeals taken from them.

The Inferior Courts Two Other Constitutional Courts- There are two: (1)The Court of International Trade- It has 9 judges, one of whom is its chief judge. It hears civil cases arising out of the tariff and other trade- related laws. The judges of the Trade Court sit in panels of three. (2)The Court of Appeals for the Federal Circuit- Congress created the Court of Appeals for the Federal Circuit in 1982 to centralize, and so speed up the handling of appeals in certain kinds of civil cases. This court, unlike the 12 other federal courts of appeals, hears cases from all across the country and has a nationwide jurisdiction. It has 12 judges and appeals from their decisions are occasionally carried to the Supreme Court.

Section 3 - The Supreme Court The Supreme Court of the United States is the ONLY court specifically created in the Constitution. It is made up of the chief justice of the United States, whose office is also established by the Constitution, and eight associate justices. As the highest court in the land, The Supreme Court stands as the court of last resort in all questions of federal law. It is the FINAL AUTHORITY in any case involving any question arising under the Constitution, an act of Congress, or a treaty of the United States.

The Supreme Court Judicial Review- This is the power to decide the constitutionality of an act of government, whether executive, legislative, or judicial. This makes the Supreme Court the final authority on the meaning of the Constitution. Jurisdiction- The Supreme Court has both original and appellate jurisdiction. Most of its cases come on appeal- from the lower federal courts and from the highest State courts. Article III, Section 2 of the Constitution spells out two cases that may be heard by the High Court in its original jurisdiction: (1) those to which a State is a party and (2) those affecting ambassadors, other public ministers, and consuls.

The Supreme Court How Cases Reach the Court- The Court selects those cases it will hear according to “the rule of four”: at least four of its nine justices must agree that a case should be put on the Court’s docket. Most cases reach the Supreme Court by writ of certiorari (from the Latin, “to be made more certain”). This writ is an order by the Court directing a lower court to send up the record in a given case for its review. A few cases do reach the Court in yet another way, by certificate. This process is used when a lower court is not clear about the procedure or the rule of law that should apply in a case. The lower court asks the Supreme Court to certify the answer toa specific question in the matter.

The Supreme Court The Supreme Court at Work- The Court sits from the first Monday in October to sometime the following June or July. Oral Arguments- Once the Supreme Court accepts a case, it sets the date on which lawyers on both sides will present oral arguments. Presentations are almost always limited to 30 minutes. Lawyers use the time to emphasize major points in their written briefs. Briefs- Briefs are written documents filed with the Court before oral argument. They are detailed statements that support one side of a case and are largely built of relevant facts and the citation of previous cases. The Court may also receive amicus curiae (friend of the court) briefs. These are briefs filed by persons or groups who are not actual parties to a case but who nonetheless have a substantial interest in its outcome. These briefs can be filed ONLY with the Court’s permission, or at its request.

The Supreme Court The Solicitor General- The solicitor general, a principal officer in the Department of Justice, is often called the Federal Government’s chief lawyer. The solicitor general represents the United States in all cases to which it is a party in the Supreme Court, and may appear in any federal or State court. He or she decides which cases the government should ask the Supreme Court to review and, also, what position the United States should take in cases before the High Court.The solicitor general often files amicus briefs, urging the Federal Government’s views in those cases.

The Supreme Court The Conference- On Wednesdays and Fridays thru the term, the justices meet in conference. There, in closest secrecy, they consider the cases in which they have heard oral arguments. The chief justice presides over the conference. The chief justice speaks first on each case to be considered, and usually indicates how he or she intends to vote. Then each associate justice summarizes his or her views. Those presentations are made in order of seniority- with the justice most recently named to the Court speaking last. After the justices are “polled”, they usually debate the case.

The Supreme Court Opinions- If the chief justice is in the majority on a case, he or she assigns the writing of the Court’s opinion. When the chief justice is in the minority, the assignment is handled by the senior associate justice on the majority side. The Court’s opinion is often called the majority opinion; officially, it is the Opinion of the Court. It announces the Court’s decision in a case and sets out the reasoning on which it is based. One or more of the justices who agree with the Court’s decision may write a concurring opinion-to make or emphasize a point that was not made in the majority opinion. One or more dissenting opinions are often written, too, by those justices who do not agree with the Court’s majority decision. The Court’s written opinions stand as precedents to be followed in similar cases as they arise. On rare occasions the Supreme Court does reverse itself.

AGES- The Electoral Process Section 1- The Nominating Process- The Importance of Nominations- The nominating process is the process of candidate selection. Nomination-the naming of those who will seek office-is made in a number of different ways in American politics. The United States has a two-party system. Self-announcement- This is the oldest form of the nominating process. A candidate simply announces their intentions to run for an office. The Caucus- As a nominating device, a caucus is a group of like- minded persons who meet to select the candidates they will support in an upcoming election.

The Electoral Process The Convention- When the caucus method collapsed, the convention system took its place. By the 1840s conventions had become the major means for making nominations at every level in American politics. In the theory of the convention system, the will of the party’s rank and file membership is passed up thru each of its representative levels. Most States now use the direct primary for all or at least most nominations in the State. The Direct Primary- A direct primary is an election held within the party to pick the party’s candidates for the general election. The primaries are party nominating elections. There are two basic forms of the direct primary in use today: (1) the closed primary and (2) the open primary.

The Electoral Process The Closed Primary- The closed primary is a party nominating election in which only declared party members can vote. The primary is closed to all others. In most closed primary States, party membership is established by registration. The Open Primary- The open primary is a party nominating election in which any qualified voter can take part. It is open to anyone qualified to vote. No one has to declare a party choice at registration or at any other time. Voters choose the party primary in which they choose to vote. The Runoff Primary- In most States, candidates need to win only a plurality of the votes cast in the primary to win their party’s nomination. In ten States, however, an absolute majority is needed to carry a primary. If no one wins a majority in a race, a runoff primary takes place a few weeks later. In the runoff primary, the two top vote-getters in the first direct primary face one another, and the winner of that vote becomes the nominee.

The Electoral Process Nonpartisan Primary-In most States all or nearly all of the elective school and municipal offices are filled in nonpartisan elections in which are not identified by party labels. The Presidential Primary- This is an election that is held as part of the process by which presidential candidates are chosen. Nomination by Petition- In this method, candidates for public office are nominated by petitions signed by a certain number of qualified voters in the election district. This is mostly done at the local level.

The Electoral Process Section 2- Elections- The Administration of Elections: Once candidates have been nominated, they must face their opponents and the voters in the general election. Democratic government cannot succeed unless elections are free, honest, and fair. The lengthy and closely detailed provisions of election law are designed to protect the integrity of that process.

The Electoral Process The Extent of Federal Control- Most election law in the United States is State law. There is a body of federal election law too. The Constitution gives Congress the power to fix “the times, places, and manner of holding elections” of members of Congress. Congress also has the power to set the time for choosing presidential electors, to set the date for casting electoral votes, and to regulate other aspects of the presidential election process. The Coattail Effect- The coattail effect occurs when a strong candidate running for an office at the top of the ballot helps attract voters to other candidates on the party’s ticket. The lesser known office seekers “ride the coattails” of the more prestigious personalities. There can be a reverse coattail effect too.

The Electoral Process Precincts and Polling Places- A precinct is a voting district. They are the basic and smallest geographic units for the conduct of elections. A polling place- where the voters who live in a precinct actually vote- is located somewhere in or near each precinct. The Ballot- The ballot is the device by which a voter registers a choice in an election. Each of the States now provides for a secret ballot. Voting Machines and Innovations- Thomas Edison took out the first American patent for a voting machine. Voting machines do away with the need for manual vote counting and speed the voting process.

The Electoral Process Section 3- Money and the Election Process- Running for public office costs money, and often a lot of it. Without money, parties and candidates cannot campaign. Campaign Spending Amounts- TV is the largest item in a typical campaign budget today. Sources of Campaign Funding- There are two prime sources: private contributors and the public treasury. Private Givers- Private givers are the major source of campaign funds. PACs or political action committees are the political arms of special interest groups that have a major stake in public policy.

The Electoral Process Why People Give- Many give because they believe in a party or candidate. Most that give want something in return, especially access to government. Others want appointments to public office. Some want social recognition. Regulating Campaign Finance- The Federal Election Commission- All federal law dealing with campaign finance is administered by the Federal Election Commission. The FEC is an independent agency in the executive branch. Its six members are appointed by the President, with Senate confirmation. The laws that the commission enforces cover four broad areas. They (1) require the timely disclosure of campaign finance data, (2) place limits on campaign finance contributions, (3) place limits on campaign expenditures, and (4) provide public funding for several parts of the presidential election process.

The Electoral Process Disclosure Requirements- Disclosure requirements are intended to spotlight the place of money in federal campaigns. No person or group can make a contribution in the name of another. Cash gifts of more than $100 and contributions from any foreign source are prohibited. All ads promoting a candidate for a federal office must carry the name of the persons or groups that sponsor them. All contributions to a candidate for federal office must be made thru a single campaign committee. ONLY that committee can spend that candidate’s campaign money. Any contributions or loan of more than $200 must be identified by source and by date. So, too, must any spending over $200-by the name of the person or firm to whom payment was made, by date, and by purpose.

The Electoral Process Any contribution of more than $5000 must be reported to the FEC no later than 48 hours after it is received. So, too, must any sum of $1000 or more received in the last 20 days of a campaign. A cash contribution of more than $100 CANNOT be accepted under any circumstances. Any independent committee or person spending more than $250 for a candidate on its own-outside of that candidate’s organization- must also file with the FEC. It must report the financial details of its operations and must swear, subject to perjury, that none of its activities was carried on in collusion with that candidate or his or her organization. Neither corporations nor labor unions can themselves make contributions to federal candidates. But their political action committees can, and do.

The Electoral Process The Role of PACs- PACs fill their war chests with the voluntary contributions of their members. The PACs distribute their monies to favored candidates. No PAC may give more than $5000 to any one federal candidate. Limits on Contributions- Today, no person can give more than $1000 to any federal candidate in a primary election, and no more than $1000 to any federal candidate’s general election campaign. No person can give more than $5000 in any year to a PAC, or $20,000 to a national party committee. The total of any person’s contributions to federal candidates and committees must be limited to no more than $25,000 in any one year. *** *** These limits DO NOT apply to the campaigns of candidates for State and local offices.

The Electoral Process Limits on Expenditures- Most spending limitations apply ONLY to the presidential election process. Those presidential contenders who accept federal campaign subsidies are subject to limits on their campaign spending in both the preconvention primaries and in the general election campaign. Public Funding of Presidential Campaigns- Congress first began to provide for the public funding of presidential campaigns in the Revenue Act of 1971, sections of which were broadened in 1974 and 1976. The 1971 law set up the Presidential Election Campaign Fund. Individuals can “check off” or assign three dollars of tax payment to the fund. The FEC administers the public subsidy process.

The Electoral Process Preconvention Period- The presidential primary and caucus campaigns are now supported by the private contributions a candidate raises PLUS the public money he or she receives from the FEC. To be eligible for the public funds, a presidential hopeful MUST raise AT LEAST $100,000 in contributions from individuals, NOT organizations. That amount MUST be gathered in $5000 lots in each of AT LEAST 20 States, with each of those lots built from individual donations of NOT MORE than $250. For each contender who passes that test, the FEC will match the first $250 of each individual’s donation to that candidate- up to a total of half of the overall limit on primary spending.

The Electoral Process National Conventions- If a major party applies for the money it automatically receives a grant to pay for its national convention. Presidential Campaigns- Every major party nominee automatically qualifies for a public subsidy to cover the costs of the general election campaign. A candidate can refuse that money and if they do, they would be free to raise however much he or she could from private sources. A minor party candidate can qualify for public funding by either winning at least 5% of the popular vote in the last presidential election OR winning at least that much of the vote in the election.

The Electoral Process AGES- Section 4- Nominating Presidential Candidates Today: The Role of the Conventions: The first method the parties developed to nominate presidential candidates was the congressional caucus. Since 1832, both parties have turned to the national convention as their nominating device. Extent of Control by Law- There is almost NO legal control over the convention process. The convention is largely a creation and responsibility of the political parties themselves. Convention Arrangements- In both parties the national committee makes the arrangements for the national convention as far as location and time.

The Electoral Process The Apportionment of Delegates- The “call” or formal announcement for the convention names the time, place, and also tells the party’s organization in each State how Many delegates it may send to the national meeting. The delegates cast the votes that will nominate the party’s presidential candidate. Traditionally, both parties give each State organization a number of convention votes based on that State’s electoral votes. Selection of Delegates- State laws and/or party rules fix the procedures for picking the delegates in each State, a fact reflective of federalism.

The Electoral Process Presidential Primaries- More than 3/4ths of all the delegates to both conventions now come from States that hold presidential primaries. A presidential primary is one or both of two things. Depending on the State, it is a process in which those who vote in a party’s primary: (1)elect some or all of a State party organization’s delegates to the national convention, and /or (2) express a preference among the various contenders for that party’s presidential candidate. Primaries Today- The delegate-selection process is determined by each State’s own laws.

The Electoral Process Evaluation of the Presidential Primary- Primaries play a major part in deciding the presidential nominating contests in both parties. Hard fought contests are NOT common in the party in power. Not so in the party out of power. Both parties see the national convention as a device to promote compromise and, out of it, party unity. Caucuses and Conventions- In those States that do not hold presidential primaries, delegates to the national conventions are chosen in a system of caucuses and conventions that differ from State to State.

The Electoral Process Section 5- At the National Convention- National conventions do three main things: (1) adopt the party’s platform, (2) formally nominate its presidential and vice-presidential candidates, and (3) unify the party behind those candidates and for the upcoming election. The Opening Session- The opening session is very largely devoted to two matters: (1) organizing the convention and (2) delivering rousing speeches. The keynote address is usually delivered by one of the party’s most dynamic orators. This speech is intended to spur the delegates and set the tone for the convention and the campaign to come. The Second and Third Sessions- More speeches occur here. The party’s platform emerges from a draft drawn up by the party’s leadership before the convention meets. A platform is supposed to be a basic statement of the party’s principles and its stands on major policy matters. It is also a campaign statement, aimed at appealing to as many people and winning as many votes as possible.

The Electoral Process The Final Sessions- Here, the convention comes to its chief task: the nomination of the party’s candidate for the presidency. A nominating speech and several seconding speeches are made. After these, the balloting begins. Each State chairperson announces the vote of his or her delegation or may pass. Balloting goes on until a candidate achieves a majority of the delegate’s votes and is thus nominated. Once the convention has chosen the presidential nominee, the choice of running mate often comes as an anticlimax. The vice-presidential nominee is almost invariably the choice of the just-nominated presidential candidate. The last major item of the convention is the acceptance speech of the presidential candidate.

The Electoral Process Whom Does the Party Nominate?- Incumbent presidents are almost certain to get the nomination. When the president is not in the field, the most electable candidate is chosen. Governorships of larger States have produced the largest number of presidential candidacies. Senators are another prime source. Most leading contenders have been Protestants. Women and minorities have not been seriously considered.

The Electoral Process Section 6- The Election- The presidential campaign ends on election-day only after much all-out effort to win the votes of the people. The President, is not actually elected until the presidential electors cast their votes. The Electoral College Today- As the people vote in the presidential election, they do not cast a vote directly for one of the contenders for the presidency. Instead, they vote to elect presidential electors. The Constitution provides for the election of the President by the electoral college, in which each State has as many electors as it has members of Congress. Electors are expected to vote, automatically for their party’s candidates for President and Vice-President.

The Electoral Process The electors are chosen by the popular vote in every state and on the same day everywhere, the Tuesday after the first Monday in November every fourth year. The presidential candidate-technically, the slate of elector- candidates nominated by his party- receiving the largest popular vote in a State wins all of that State’s electoral votes. The electors meet at their State capitol on the Monday after the second Wednesday in December. There they each cast their electoral votes, one for the President and one for the Vice-President. The ballots of the electors, signed and sealed, are sent by registered mail to the President of the Senate in Washington.

The Electoral Process The formal election of the President and Vice-President finally takes place on January 6th. On that date, the President of the Senate opens the electoral votes from each State and counts them before a joint session of Congress. The candidate who receives a majority of the elector’s votes for President is declared elected, as is the candidate with a majority of the votes for Vice- President. If no one has a majority for President-at least 270 of the 538 electoral votes-the election is thrown into the House of Representatives.

The Electoral Process The House chooses a President form among the top three candidates in the electoral college. Each State delegation has one vote, and it takes a majority of 26 to elect. If the House fails to choose a President by January 20th, the Twentieth Amendment provides that the newly elected Vice-President shall act as President until it does. If no person receives a majority for Vice-President, the Senate decides between the top two candidates. It takes a majority of the whole Senate to elect.

The Electoral Process Flaws in the Electoral College- The electoral college has three major defects: (1)The threat that the winner of the popular vote will not win the presidency, largely the result of two factors: a) the winner-take-all feature of the electoral college sytem. In each State the winning candidate customarily receives all that State’s electoral votes. b) The distribution of electoral votes does not match the facts of population and voter distribution. (2)Nothing in the Constitution, nor in any federal statute, requires the electors to vote for the candidate favored by the popular vote in their States. The electors are expected to vote for the candidate who carries their State. Electors have voted for someone other than their party’s nominee.

The Electoral Process (3)It is possible that the contest can be decided in the House of Representatives. Third party candidates can make it impossible for either major party candidate to win a majority in the electoral college. The electoral college process has two major strengths: (1) It is a known process. (2) It identifies the winner of the presidential election, and it does so quickly and certainly.

AGES- Political Parties- Section 1- Parties and What They Do What is a Party?- A political party can be defined as a group of persons who seek to control government thru the winning of elections and the holding of public office. The DOMINANT political parties in the United States, the Republican and Democratic parties are the major parties. They are election-oriented. Neither of the two major parties is made up of persons who are all of one mind in politics. Each party is a coalition- a union of many persons of diverse interests who have come together to get their candidates elected to public office.

Political Parties-WINGS What Do Parties Do?- Parties are the major mechanisms that develop broad policy and leadership choices and that then present those options to the people. Parties are “power brokers.” They modify and compromise the contending views of different interests and groups. They unify the American people. They perform five (5) functions: (1)The Nominating Function- The major function of a political party is to nominate, or name, candidates for public office. (2)The Informer-Stimulator Function- Parties inform the people and stimulate their interests and participation in public affairs. They inform to their party’s advantage. (3)The “Seal of Approval” Function- A party grants seals of approval to its candidates, seeing to it that their candidates are both qualified and of good character. (4)The Governmental Function- Government in the USA is government by party. Officeholders are chosen by party and most business is conducted on a partisan basis. (5)The Watchdog Function- Parties act as watchdogs over the conduct of the public’s business, particularly the party out of power. They criticize the policies and behavior of the party in power.

Political Parties Reasons for the Two-Party System- A number of factors explain why America has a two-party system: (1)The Historical Basis- The ratification of the Constitution saw the birth of America’s first two parties: the Federalists, led by Alexander Hamilton, and the Anti-Federalists, who followed Thomas Jefferson. (2)The Force of Tradition- The two-party system became self- perpetuating. (3)The Electoral System- The American electoral system tends to promote the existence of but two major parties. Voters usually face only two viable choices, the party in office or the one trying to win that office. It is difficult for minor parties to nominate their candidates or get them on the ballot. (4)The American Ideological Consensus- There is a broad consensus on fundamental matters and patterns of belief. Conditions that could produce several strong rival parties simply do not exist. Both major parties look alike, tend to be moderate, are built on compromise, and regularly try to occupy “the middle of the road.” Personalities rather than ideas become the area of competition.

Political Parties Multiparty Systems- Critics of the American two- party system would replace it with a multiparty arrangement, a system in which several major and many lesser parties exist. Those critics offer that the multiparty system is more representative and more responsive to the people. One-Party Systems- This is really a “no-party” system typical of dictatorships. Membership of the Parties- Membership in a party is voluntary and members of any party represent a cross-section of the nation’s population.

Political Parties Section 4- The Minor Parties- Four distinct types of minor parties can be identified: (1)The ideological parties- those based on a particular set of beliefs, a comprehensive view of social, economic, and political matters. Often built on some Marxist thought. (2)The single-issue parties- those concentrating on a single public policy matter. (3)The economic protest parties- those rooted in periods of economic discontent, with no clear-cut ideological base. (4)The splinter parties- those which have split away from one of the major parties. The Key Role of Minor Parties- A third-party candidacy can play the “spoiler role” in an election. Minor parties can also be useful as critics and innovators.

Political Parties Section 5- The Organization of Political Parties- In neither of the two major parties is there a chain of command from the national thru the State to the local level. They are decentralized. The Role of the Presidency- The President is automatically the party leader. With access to the media, popularity, and ability to make appointments and grant favors, the President can assert his leadership of his or her party. The Impact of Federalism- Because the governmental system is decentralized, so, too, are the major parties that serve it. The Role of the Nominating Process- The prime function of the major parties-the making of nominations- is also a prime cause of their highly fragmented nature.

Political Parties National Party Machinery- There are four elements in the structure of both major parties: (1)The National Convention- The national convention is often described as the party’s national voice. It adopts party rules and writes the platform. (2)The National Committee- Between conventions, the party’s affairs are handled by the national committee and by the national chairperson. The committee is made up of party leaders from each of the States. Their chief job is staging national conventions. (3)The National Chairperson- He or she heads up the national committee. The chair directs the work of the party’s headquarters in D.C. The chair and the committee promote party unity, raise money, recruit new voters, and prepare for the next presidential season. (4)The Congressional Campaign Committee- Each party has a campaign committee in each house of Congress. These committees work to reelect incumbents and to save the seats of retiring party members.

Political Parties State and Local Party Machinery- At these levels, party structure is largely set by State law. The State Organization- Built around a State central committee headed by a State chairperson, their chief job is to promote the party’s interests in the State. Local Organization- A ward is a unit into which cities are often divided for the election of city council members. A precinct is the smallest unit of election administration-the voters in each precinct report to one polling place.

AGES- Interest Groups- Section 1- The Nature of Interest Groups An interest group is a private organization that tries to persuade public officials to respond to the shared attitudes of its members. They are also known as pressure groups or special interests. They try to influence the making and the content of public policy. Public policy is all those things that a government endeavors to do in order to achieve certain goals. In a democracy, those goals are set by the people.

The Nature of Interest Groups Political Parties and Interest Groups- Parties nominate candidates for public office; interest groups do not. Interest groups are chiefly concerned with controlling or influencing the policies of government. Parties are interested in the who and interest groups in the what of government.

The Nature of Interest Groups Interest Groups: Good or Bad?-Functions- Interest groups help to stimulate interest in public affairs, those events and issues that concern the people at large. Interest groups represent their members on the basis of shared attitudes rather than on the basis of geography. Organized interests often provide useful, specialized, and detailed information to government. These data are important to the making of public policy. Interest groups are vehicles for political participation as like-minded citizens can pool their resources and energies into collective political action. Interest groups also provide checks and balances on each other and the behavior of officials in government.

The Nature of Interest Groups Section 2- Types of Interest Groups- The largest number of interest groups have been founded on the basis of an economic interest, especially on the bases of business, labor, agricultural, and professional interests. Some are born out of a cause or an idea. Others exist to promote the welfare of certain groups of people. Most segments of the business community have their own interest groups, often called trade associations. A labor union is an organization of workers who share the same type of job or who work in the same industry. A public-interest group is an interest group that seeks to institute certain public policies of benefit to all or most people in this country.

The Nature of Interest Groups Section 3- Interest Groups at Work- Public opinion is the most significant long-term force in American politics. Interest groups try to create the public attitudes they want by using propaganda. Propaganda is a technique of persuasion aimed at influencing individual or group behaviors. Propaganda as a technique is amoral and does not use objective logic. It begins with a conclusion, uses any evidence to support that conclusion and disregards information that doesn’t. Lobbying is usually defined as those activities by which group pressures are brought to bear on legislators and the legislative process. Lobbyists must register with the clerk of the House and secretary of the Senate.

AGES- Mass Media and Public Opinion- Section 1- The Formation of Public Opinion Public opinion is the sum total of all the views and opinions of many different persons. Public opinion is the attitudes held by a significant number of persons on matters of government and politics. Public opinion is made up of expressed group attitudes.

Mass Media and Public Opinion Factors That Shape Public Opinion- Each person acquires political opinions through political socialization, a process that begins in early childhood and continues through a person’s lifetime. It involves all of the experiences and relationships that lead people to see the political world and to act in it as they do. Family and education are the most vital agents in the process. Mass media-which includes TV, radio, film, books, magazines, and newspapers-has a large influence on the formation of public opinion. There is at least 1 TV in 98% of the nation’s 100M households. There are 2 or more TVs in more than 60M homes and millions more in many other places. Most TVs are turned on for at least 7 hours a day or a billion hours a day.

Mass Media and Public Opinion Section 2- The Measurement of Public Opinion- Measurement Through Elections- Election results are indicators of public opinion, although seldom accurate. Polls-The Best Measure of Public Opinion- The public’s opinions are best measured by public opinion polls. A public opinion poll is a device that attempts to collect information about public opinion by asking people questions. The more accurate polls are based on scientific polling techniques.

THE POOR POLLSTER

Mass Media and Public Opinion Scientific Polling- Using this process pollsters must, (1) define the universe to be surveyed; (2) construct a sample; (3) prepare valid questions; (4) select and control the means by which the poll will be taken; and (5) report their findings to the public. The universe is a term that means the whole population that the poll aims to measure, the group whose opinions the poll will seek to discover. A sample is a representative slice of the total universe. Most professional pollsters draw a random or probability sample. A random sample is a sample in which each member of the universe and each geographic area within it have a mathematically equal chance of being included within the sample. Most major national polls interview just over 1,500 people to represent the universe of the nation’s entire adult population. Responsible pollsters phrase their questions carefully to avoid use of “loaded” words and questions worded to shape the answers. Most polls are taken face-to-face. Polls are also done by mail and by phone. Polls try to measure the attitudes of people. The results must be analyzed and reported. Data is interpreted, conclusions are drawn, and findings are published.

Mass Media and Public Opinion Section 3- The Mass Media and Politics- A medium is a means of communication; it transmits some kind of information. Media is the plural of medium. The mass media include those means of communication that can reach large, widely dispersed audiences- masses of people- simultaneously. Four major mass media are important in American politics. Ranked in terms of impact, they are television, newspapers, radio, and magazines. NOW THE INTERNET IS TAKING OVER! TV is now the principal source of political information for an estimated 80% of the population. About half the nation’s adult population read a newspaper every day. The average person hears about 20 hours of radio each week.

Mass Media and Public Opinion The Media’s Impact on Politics- The media has its greatest influence in two areas: (1) the public agenda and (2) electoral politics. The Public Agenda- The media plays a role in shaping public agenda by determining what public matters the people will think and talk about. The media has the power to focus the public’s attention on particular issues. The media can emphasize, ignore, downplay, feature, or bury issues. The media DO NOT tell people what to think, but the media DO tell people what to think about. Electoral Politics- Today, television allows candidates to appeal directly to the people without the help of a party organization. Almost everything most people know about candidates they learn from TV. Image replaces substance, issues, and qualifications. Limits on Media Influence- Only a small part of the public actually takes in and understands much of what the media have to say about public affairs. Most people watch, listen, and read sources that generally agree with their own viewpoints. Few public-affairs programs air on prime time TV. Broadcast media seldom is in- depth.

AGES- Civil Liberties: First Amendment Freedoms Section 1- The Unalienable Rights- Civil liberties are protections against government. They are guarantees of the safety of persons, opinions, and property from the arbitrary acts of government. They include freedom of religion, freedom of speech and press, and the guarantees of fair trial. The term civil rights is sometimes reserved for those positive acts of government that seek to make constitutional guarantees a reality for all people. An example is the Civil Rights Act of 1964. In America, all persons have the right to do as they please as long as they do not infringe on the rights of others. The provisions of the Bill of Rights apply against the National Government only- NOT the States. The 14th Amendment’s Due Process Clause holds that most of the protections in the Bill of Rights apply against the States.

First Amendment Freedoms Section 2- Freedom of Religion- The 1st and 14th Amendments set out two guarantees of religious freedom. They prohibit (1) an “establishment of religion” (the Establishment Clause) and (2) any arbitrary interference by government in the “free exercise” of religion (the Free Exercise Clause). Separation of Church and State- The Establishment Clause sets up, in Thomas Jefferson’s words, “a wall of separation between church and state.” Nearly all property of and contributions to churches and religious sects are free from federal, State, and local taxes. The Supreme Court has held that public schools cannot sponsor religious exercises. Every State exempts property of religious organizations used for religious purposes from State and local taxation. The Supreme Court has found these exemptions as evidence only of a State’s “benevolent neutrality” toward religion, not support of it.

First Amendment Freedoms The second part of the constitutional guarantee of religious freedom is set out in the Constitution’s Free Exercise Clause. That clause guarantees to each person the right to believe whatever that person chooses to believe in matters of religion. It is protected by the 1st and the 14th Amendments. The Free Exercise Clause DOES NOT give one the right to violate the criminal laws, offend public morals, or otherwise threaten the health, welfare, or safety of the community.

First Amendment Freedoms Section 3- Freedom of Speech and Press- The 1st and 14th Amendments give to all people the right to have their say and to hear what others have to say. The guarantees of free speech and press are intended to protect the expression of unpopular views, however, no person has the right to libel or slander another. Libel is the false and malicious use of printed words; slander is such use of spoken words. The law prohibits the use of obscene words, the printing and distributing of obscene materials, and false advertising.

First Amendment Freedoms Obscenity- The 1st and 14th Amendments do not protect obscenity. See page 500 in text. Prior Restraint- The Constitution allows government to punish some utterances, AFTER they are made. But, with almost no exceptions, government cannot place any prior restraint on spoken or written words. That is, except in the most extreme situations, government cannot curb ideas before they are expressed. Confidentiality- Some 30 States have passed so-called shield laws, which give reporters some protection against having to disclose their sources or reveal other confidential information in legal proceedings in those States. Symbolic Speech- A person can say something with a facial expression or a shrug of the shoulders, or by carrying a sign or wearing an arm band. This mode of expression-expression by conduct-is known as symbolic speech. Commercial Speech- Commercial speech is speech for business purposes-mostly, advertising. The government can and does prohibit false and misleading advertisements, and the advertising of illegal goods or services.

First Amendment Freedoms Section 4- Freedom of Expression and National Security- The Government has the right to protect itself against domestic threats to the nation’s security. The government can punish espionage, sabotage, and treason. These are forms of conduct. Espionage is the practice of spying for a foreign power. Sabotage involves an act of destruction intended to hinder a nation’s war or defense effort. Treason consists of levying war against the nation or supporting its enemies. Sedition is the incitement of resistance to lawful authority. It does not necessarily involve acts of violence or betrayal. Sedition involves the use of spoken or written words.

First Amendment Freedoms Section 5- Freedom of Assembly and Petition- The 1st Amendment guarantees “… the right of the people peaceably to assemble, and to petition government for a redress of grievances.” The Constitution DOES NOT give people the right to incite others to violence, to block a public street, close a school, or otherwise to endanger life, property, or public order. Time-Place-Manner Regulations- Government can make and enforce reasonable rules covering the time, place, and manner of assemblies. The government CANNOT regulate assemblies on the basis of what might be said there. The rights of assembly and petition DO NOT give people a right to trespass on private property. It does allow people to freely associate with others in order to promote causes of mutual concern.

AGES- Civil Liberties: Protecting Individual Freedoms Section 1-Due Process of Law- The Constitution includes two Due Process clauses. The 5th Amendment declares that the Federal Government cannot deprive any person of “life, liberty. Or property, without due process of law.” The 14th Amendment places that same restriction on the States.

Due Process of Law The Supreme Court finds the meaning of due process on a case-by-case basis. Fundamentally, the constitutional guarantees of due process mean this: Government must act fairly and in accord with established rules. Government must act fairly, using fair procedures. The Supreme Court has added the idea that due process requires that both the ways in which government acts and the laws under which it acts must be fair. This reflects the idea of substantive due process added to the original notion of procedural due process.

Due Process of Law THE PROVISIONS OF THE BILL OF RIGHTS APPLY ONLY TO ACTIONS OF THE FEDERAL GOVERNMENT. Due Process and the Police Power- In the federal system, the reserved powers of the States include the broad and important police power- the power of each State to act to protect and promote the public health, safety, morals, and general welfare. Examples Include: Health- Limit sale of alcohol, tobacco, pollution laws, require vaccination of school children Safety- forbid concealed weapons, require seat belts, punish drunk drivers Morals- Outlaw gambling, prostitution, sale of obscene materials General welfare- compulsory education, provide for medically needy, limit public utility profits No government can use the police power in any unreasonable or unfair way.

Due Process of Law Rights of Privacy- The constitutional guarantees of due process create a right of privacy, “the right to be free, except in very limited circumstances, from unwanted governmental intrusions into one’s privacy.” Stanley v. Georgia, 1969 Supreme Court Ruling Abortion- The MOST CONTROVERSIAL application of the right of privacy. PAGE 520

Section 2- Freedom and Security of the Person- Right to Keep and Bear Arms The 2nd Amendment protects the right of each State to keep a militia. The concept was the citizen-soldier. It DOES NOT guarantee a right to keep and bear arms free from restriction of government.

Security of Home and Person The 3rd Amendment forbids the quartering of soldiers in private homes in time of peace or in time of war except “in a manner to be prescribed by law.” This amendment has NEVER been the subject of a Supreme Court case. The 4th Amendment basically says that police officers have no general right to search for evidence or to seize either evidence or persons. They MUST have a proper warrant obtained with probable cause-that is, reasonable grounds. IF EVIDENCE IS “IN PLAIN VIEW”, POLICE DO NOT NEED A WARRANT !!!

Security of Home and Person An arrest is the seizure of a person. Most arrests take place WITHOUT a warrant, provided they have probable cause to believe that the person has committed or is about to commit a crime. The Supreme Court adopted the exclusionary rule which says: Evidence gained as the result of an illegal act by police cannot be used against the person from whom it was seized.

Section 3- Rights of the Accused American law intends that any person who is suspected or accused of a crime must be presumed to be innocent-until that person is proved guilty by fair and lawful means. Habeas Corpus- The writ of habeas corpus, sometimes called the writ of liberty, is intended to prevent unjust arrests and imprisonments. It is a court order directed to an officer holding a prisoner. It commands that the prisoner be brought before the court and that the officer show cause-explain, with good reason-why the prisoner should not be released. A bill of attainder is a legislative act that inflicts punishment without a court trial. Neither Congress nor the States can pass such measures.

Rights of the Accused An ex post facto law has three features. It is (1) a criminal law, one defining a crime or providing for its punishment; (2) applied to an act committed before its passage; and (3) a law that works to the disadvantage of the accused. Neither the Congress nor the States may pass such laws. Retroactive civil laws ARE NOT forbidden!!! Ex. Retro income tax rates The 5th Amendment also provides that: “No person shall be held to answer for a capital, or otherwise infamous, crime, unless on a presentment or indictment of a grand jury….” The grand jury is the formal device by which a person can be accused of a serious crime. In federal cases, it is a body of from 16 to 23 persons drawn from the area of the federal district court that it serves. The votes of at least 12 of the grand jurors are needed to return an indictment or to make a presentment.

Rights of the Accused An indictment is a formal complaint laid before a grand jury by the prosecutor. It charges the accused of one or more crimes. If the grand jury finds that there is enough evidence for a trial, it returns a “true bill of indictment.” The accused is then held for prosecution. If the grand jury DOES NOT make such a finding, the charge is dropped. A presentment is a formal accusation brought by the grand jury on its own motion, rather than that of the prosecutor. It is little used in the federal courts. Grand jury proceedings ARE NOT a trial and its sessions are secret. They are one–sided or ex parte. That is, only the prosecution, not the defense, is present.

Rights of the Accused Double Jeopardy-The 5th Amendment prohibition against double jeopardy means that once a person has been tried for a crime, he or she CANNOT be tried again for that same crime. A PERSON CAN VIOLATE BOTH A FEDERAL & A STATE LAW IN A SINGLE ACT!!! YOU CAN THEN BE TRIED FOR THE FEDERAL CRIME IN A FEDERAL COURT AND FOR THE STATE CRIME IN A STATE COURT. In a trial in which a jury cannot agree on a verdict, there is no jeopardy. It is as though no trial had been held, and the accused can be tried again. Nor is jeopardy involved when a case is appealed to a higher court.

Rights of the Accused Speedy and Public Trial- The 6th Amendment commands: “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial…” Speedy Trial- This is meant to ensure that the government will try a person accused of crime in a reasonable time, without undue delay. The Speedy Trial Act of 1974 says that the time between a person’s arrest and the beginning of his or her federal criminal trial cannot be more than 100 days, with some exceptions. Public Trial- The 6th Amendment says that a speedy trial must also be a public trial. The right to be tried in public is also part of the 14th Amendment’s guarantee of procedural due process. A trial must not be too speedy or too public.

Rights of the Accused Trial by Jury- The 6th Amendment also says that a person accused of a federal crime must be tried “by an impartial jury.” The right to trial by jury is also binding on the States through the 14th Amendment’s Due Process Clause. The trial jury is often called the petit jury- petit, from the French word for small. A defendant may waive the right to a jury trial, but ONLY if the judge is satisfied that the defendant is fully aware of his or her rights and understands what that action means. If a defendant waives the right, a bench trial is held. That is, a judge alone hears the case. In the federal courts, the jury that hears a criminal case can convict the accused ONLY by a unanimous vote. Most States follow the same rule. No person can be kept off a jury on such grounds as race, color, religion, national origin, or sex.

Rights of the Accused Right to an Adequate Defense- Every person accused of crime has the right to offer the best possible defense that circumstances will allow. The 6th Amendment says that a defendant has the right (1)”to be informed of the nature and cause of the accusation” (2) “to be confronted with the witnesses against him” and question them in open court, (3) “to have compulsory process for obtaining witnesses in his favor,” and (4) “to have the assistance of counsel for his defense.” These key safeguards apply in the federal courts. Still, if a State fails to honor any of them, the accused can appeal a conviction on the grounds that the 14th Amendment’s Due Process Clause has been violated.

Rights of the Accused Self-Incrimination- The guarantee against self-incrimination is among the protections set out in the 5th Amendment-which declares that no person can be “compelled in any criminal case to be a witness against himself.” This protection MUST be honored in both the federal and State courts. In a criminal case, the burden of proof IS ALWAYS on the prosecution. The defendant DOES NOT have to prove his or her innocence. The courts, NOT the individuals who claim it, decide when the right can be properly invoked. If the plea of self-incrimination is pushed too far, a person can be held in contempt of court. A person CANNOT be forced to confess to a crime under duress-that is, as a result of torture or other physical or psychological pressure.

Rights of the Accused The Miranda Rule states that before police may question suspects, those persons must be read the rights as follows: Before asking you questions, it is my duty to advise you of your rights: 1.You have the right to remain silent; 2.If you choose to speak, anything you say may be used against you in a court of law or other proceeding; 3.You have the right to consult with a lawyer before answering any questions and you may have a lawyer present with you during questioning; 4.If you cannot afford a lawyer and you want one, a lawyer will be provided for you by the Commonwealth without cost to you; 5.Do you understand what I have told you? 6.You may also waive the right to counsel and your right to remain silent and you may answer any question or make any statement you wish. If you decide to answer questions you may stop at any time to consult with a lawyer.

Section 4- Rights of the Accused: Punishment Excessive Bail, Fines- The 8th Amendment says, in part: “Excessive bail shall not be required, nor excessive fines imposed….” The bail or fine in a case must bear a reasonable relationship to the seriousness of the crime involved. Bail is 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.

Rights of the Accused: Punishment The use of bail is justified on two grounds: (1) A person should not be jailed until his or her guilt is established; and (2) a defendant is better able to prepare for trial outside of a jail. THE CONSTITUTION DOES NOT SAY THAT ALL PERSONS ACCUSED OF CRIME ARE AUTOMATICALLY ENTITLED TO BAIL!!! In 1984 Congress provided for the “preventative detention” of some persons accused of committing federal crimes. Under the law, federal judges can order that an accused felon be held, without bail, when there is good reason to believe that that person will commit yet another serious crime before trial.

Rights of the Accused: Punishment Cruel and Unusual Punishment- The 8th Amendment also forbids “cruel and unusual punishment.” Capital Punishment- In some States, the death penalty is mandatory (killing a police officer, murdering while raping, kidnapping or arson). Other States first settle guilt or innocence and then have a second trial to determine if circumstances merit a death sentence. Treason- Treason against the United States is the only crime that is defined in the Constitution. Treason, says Article III, Section 3, can consist of only two things: (1)Levying war against the United States or (2) “adhering to their enemies, giving them aid and comfort.” NO PERSON CAN BE CONVICTED OF THE CRIME “UNLESS ON THE TESTIMONY OF TWO WITNESSES TO THE SAME OVERT ACT, OR ON CONFESSION IN OPEN COURT.”

Rights of the Accused: Punishment Treason: The law of treason covers all American citizens, at home or abroad, and all permanent resident aliens. Congress has established the death penalty for treason against the United States, but no person has ever been executed for the crime. Note that a person can commit treason ONLY in wartime. But Congress has also made it a crime, in either peace- or wartime, to commit espionage or sabotage, to attempt to overthrow the government by force, or to conspire to do any of these things.

AGES- Equality Before the Law The Equal Protection Clause- The democratic ideal demands that, insofar as government is concerned, ALL persons must be treated alike. The 14th Amendment’s Equal Protection Clause declares: “No State shall…deny to any person within its jurisdiction the equal protection of the laws.” Reasonable Classification- States can and do discriminate. Those who rob banks fall into a special class; marriage can be prohibited under a certain age. These are reasonable discriminations. States cannot discriminate unreasonably.

Equality Before the Law The Rational Basis Test- The Supreme Court most often decides equal protection cases by applying a standard known as the rational basis test. This test asks: Does the classification in question bear a reasonable relationship to the achievement of some proper governmental purpose? The Strict Scrutiny Test- The Supreme Court applies a more demanding standard in some equal protection cases especially when a law or some other action deals with (1) such “fundamental rights” as the right to vote, the right to travel between the States, or the rights guaranteed in the 1stAmendement; or (2) such “suspect classifications” as those based on race, sex, or national origins. The State must be able to show that some “compelling governmental interest” justifies the distinctions it has drawn between classes of people.

Equality Before the Law Segregation in America- Segregation means the isolation and separation of one group from another. In 1896, the Supreme Court upheld many segregation laws in Plessy v. Ferguson. The separate-but-equal doctrine stood for nearly 60 years. In 1954, the court reversed Plessy v. Ferguson with their decision in Brown v. Board of Education of Topeka. The Supreme Court held that segregation by race in public education is unconstitutional. The pace of desegregation quickened after Congress passed the Civil Rights Act of 1964, which forbids the use of federal funds to aid any State or local activity in which racial segregation is practiced. De jure segregation is segregation by law. De facto segregation is segregation in fact.

AGES- Voters and Voter Behavior- Section 1- The Constitution and the Right to Vote Suffrage is the right to vote. Franchise is another term with the same meaning. When the Constitution went into effect in 1789, the right to vote was everywhere restricted to white male property owners. The American electorate is the potential voting population. The Constitution DOES NOT give to the Federal Government the power to set suffrage qualifications. That matter is reserved to the States.

Voters and Voter Behavior Section 2- Voter Qualifications Among the States- Citizenship, Residence, and Age Citizenship- Aliens are generally denied the right to vote in the USA. Nothing in the Constitution says that aliens cannot vote, and any State could allow them to do so if it chose. Residence- Most States require that a person live within the State for at least some period of time in order to qualify to vote. WHY???? Outsiders cannot be bribed to affect outcome. States can expect voters to become familiar with issues and candidates. 30 days is standard. Age- The 26th Amendment sets 18 as the cap on the minimum age for voting in any election. Registration- 49 States-all except North Dakota- require that most or all voters be registered to vote. Registration is a procedure for voter identification, intended to prevent fraudulent voting.

Voters and Voter Behavior Literacy- Today, no State has a suffrage qualification based on voter literacy-a person’s ability to read and write. The Voting Rights Act Amendments of 1970 eliminated literacy as a suffrage qualification. Tax Payment- The poll tax was a tax payment required by some States before a person was allowed to vote. The 24th Amendment, ratified in 1964, outlawed the poll tax or any other tax, as a condition for voting in any federal election and the Supreme Court finally eliminated the poll tax as a qualification for voting in ALL elections in 1966. Who May Not Vote- None of the 50 States allow people in mental institutions, or any other persons who have been legally found to be mentally incompetent, to vote. Nearly all States also disqualify those who have been convicted of serious crimes.

Voters and Voter Behavior Section 3- Suffrage and Civil Rights- The 15th Amendment was ratified in 1870. It declares that the right to vote cannot be denied to any citizen of the United States because of race, color, or previous condition of servitude. Gerrymandering is the practice of drawing the lines of electoral districts in order to limit the voting strength of a particular group or party.

Voters and Voter Behavior The Civil Rights Acts of 1957 and 1960- The Civil Rights Act of 1957 set up the United States Civil Rights Commission, a body whose major duty it is to inquire into claims of voter discrimination. The act also gave the attorney general the power to seek injunctions-federal court orders-to prevent interference with any person’s right to vote in federal elections. The Civil Rights Act of 1960 added another safeguard by providing for the appointment of federal voting referees. These officers serve anywhere a federal court found voter discrimination. They are given the power to help qualified persons to register and to vote in federal elections.

Voters and Voter Behavior The Civil Rights Act of 1964- The ’64 act outlaws discrimination in several areas, especially in job-related matters. With regard to voting rights, its most important section forbids the use of any registration requirement in an unfair or discriminatory manner. The Voting Rights Act of 1965 and Its Amendments- This act applies to all elections, State, local, and federal. This law has been extended 3 times in the Voting Rights Act Amendments of 1970, 1975, and 1982. The 1965 law directed the attorney general to attack the constitutionality of the remaining State poll tax laws. The law also suspended the use of any literacy test and authorized the attorney general to appoint voting examiners with the power to register voters or otherwise oversee the conduct of elections.

Voters and Voter Behavior Section 4- Nonvoting- The word idiot came to our language from the Greek. In ancient Athens, idiots (idiotes) were citizens who did not vote or otherwise take part in public life; they were ignorant of public affairs. More people vote in general elections than in either primary or special elections. The chief cause for nonvoting is lack of interest. Nonvoters are likely to be younger than age 35, unmarried, and unskilled. More nonvoters live in the South and in rural, rather than urban or suburban, locales.

Voters and Voter Behavior Section 5-Voter Behavior- Most of what we know re: voter behavior comes from 3 sources: (1) election results; (2) the field of survey research (scientific polls like Gallup Poll); and (3) studies of political socialization-the process by which people gain their political attitudes and opinions. This is a process from early childhood thru one’s life. Many sociological and psychological factors clearly influence the way people vote. Both are closely related and constantly interact with one another. Sociology is the study of groups and how people behave within groups. Sociological factors include pieces of a voter’s social and economic life including: (1)a voter’s personal characteristics-age, race, income, occupation, education, religion, and so on, and (2) a voter’s group affiliations-family, co-workers, friends, and the like. Psychology is the study of the mind and of individual behavior. The psychological factors that influence voter behavior are a voter’s perceptions of politics. That is, how the voter sees the parties, the candidates, and the issues in an election.

Voters and Voter Behavior Voters in the middle-to upper income brackets are more likely to be Republicans. Voters with lower incomes tend to be Democrats. Professional and business people, and others with higher incomes, tend to vote for Republican candidates. Manual workers, and others from lower income groups, usually vote for Democrats. College grads vote for Republicans in higher percentages than do high-school grads; and high-school grads vote more often Republican than do those who have only gone thru grade school.

Voters and Voter Behavior Younger voters usually have been more likely to be Democrats than Republicans. Older voters are likely to find the GOP and its candidates more attractive. A majority of northern Protestants prefer the GOP. Catholics and Jews are much more likely to be Democrat. Protestant establishment during immigration days treated minority treatment. Nonwhites support the Democratic party-consistently and massively. Voters in smaller cities and rural areas are also likely to be Republicans.

Voters and Voter Behavior The Psychological Factors- Sociological factors are static because they tend to change only gradually and over time. The impact of party identification- the loyalty of people to a political party- is the single most significant and lasting predictor of how a person will vote. The practice of voting for candidates of but one party in an election is called straight-ticket voting. Each of the major parties can regularly count on the votes of millions of faithful supporters in every election. Split-ticket voting –the practice of voting for the candidates of more than one party in an election.

Voters and Voter Behavior

AGES NOTES AMERICAN GOVERNMENT AND ECONOMIC SYSTEMS.

Similar presentations

Presentation on theme: "AGES NOTES AMERICAN GOVERNMENT AND ECONOMIC SYSTEMS."— Presentation transcript:

Similar presentations

About project

Feedback

Log in

Auth with social network:

AGES NOTES AMERICAN GOVERNMENT AND ECONOMIC SYSTEMS.

Similar presentations

Presentation on theme: "AGES NOTES AMERICAN GOVERNMENT AND ECONOMIC SYSTEMS."— Presentation transcript:

Similar presentations

About project

Feedback