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General Notes
History of our Government
- The USA started as colonies of England who had a Unitary Gov’t. We were left alone for over a century when England decided they wanted to tax us and lay down rules. - England was a Monarchy, Unitary, and had a Limited Democracy. - Magnacarta (King John) - Petition of Right (Charles I) - English Bill of Rights (Glorious Perl) - The foundation was there for us to have a democracy. When England tried to push us to hard we fought back, and took control of our own lives.
Who are the important people in our federal government?
-President George Bush -Vice-President Dick Cheney -The 9 Supreme Court Justices, which include: -William H. Rehnquist -John Paul Stevens -Sandra Day O`Connor -Antonin Scalia -Anthony M. Kennedy -David H. Scouter -Clarence Thomas -Ruth Balder Ginsburg -Stephen G. Breyer -Our State Congressman. Mine is Fred Upton -Debbie Stabenow and Carl Levin are Michigan’s senators. -The Governor of Michigan is John Engler -We currently have 18 electoral votes, but will soon only have 17. That would leave us with 15 reps rather than 16, but we still have 2 senators. There are a possible 538 possible electoral votes. 270 votes are needed to win.
How is Government made up?
There are three branches of Government: -Legislative- ran by congress, which makes laws. -Executive- ran by the big G.W. who runs law enforcement. -Judicial- ran by the Supreme Court who defines the laws. There are three different types of government. -Federal- The U.S.- Powers are split between government and States. -Confederate- Powers are spread out all over. -Unitary- Powers are centralized. *Each of these types are determined by the location of the power. **Anarchy is having no government.
The Declaration of Independence
The declaration of Independence was written as a persuasion document. It was directed toward 4 main groups: -British Parliament- to convince them to give America its freedom. -French Govt.- to convince them to be allies with them when war broke out between American and Great Britain. -American Colonist- to convince them that it was necessary to go to war to force the British to leave America alone. -French Colonist- to convince them that revolting against your country is a bad thing to do, and that the Americans had a just cause.
The Articles of Confederation
The Articles of Confederations was basically our first constitution. It was written up in November of 1777 and made effective in 1781. It consists of: - No Executive Branch -This was bad because there was no one to enforce the laws. There was also no president. - Allowed federal government to sigh treaties- this was a good thing - Gave each state one vote in congress- this was bad because smaller stated had more power, so to speak, than the larger states. - No federal courts were made because they already had state courts- This was bad also. - No National Currency- It was a hassle to trade because each state had it’s own currency. - Each State could tax each other- this caused states to have tax wars, and made trading difficult. Many merchants had a hard time making money because of this. - No national army- No national army meant that they basically had no protection from large countries. - No regulation of commerce- the colonies had no idea who they should trade with, there were no set rules. - No federal tax- this seems good for the colonist, but actually is not. No federal tax means no money for the government to pay for things. - Federal aid for education- this was good. - 9/13 vote to pass a new law- this was a hard percent to get in order to pass a law. - 100% vote to make amendments- it is next to impossible to get 100% agreement on something as serious as amendments. - States became frustrated about trading. They agreed to meet and in Philly to fix the Articles. This becomes the Constitutional Convention, which took place in May of 1787 - The biggest decision made during the convention was to overthrow the Articles, and make a new government. - From May 25 – September 17, 1787, they gathered to make the new government. The biggest problem to over come was to decide how to set up congress. The final decision was to have a bicameral legislation. Meaning a legislation with two cambers. There was a House of Reps, which was set up by the population of each state, and Senators. Each state automatically received 2 senators. - The first political parties were formed after this. These parties are: - Federalist- who were for the constitution - Anti Federalists- who were against the constitution.
The Bill of Rights
The Bill of Rights contains the first 10 amendments to the constitution. - 1st Amendment- Freedom of Religion, Speech, Press, Assembly, and the right to Petition- gives you all of these rights. - Restrictions to 1st Amendment 1) Religion- if it inhibits others rights 2) Speech- Can’t threaten someone, Limits what you can say in school * Expression- can’t harm anyone. 3) Press- can’t publish info with out proof 4) Assembly- Can’t form to harm people. - 2nd. Amendment- Right to Bear Arms- Allows states to organize militias. - 3rd. Amendment- Quartering of Troops- protects you from having army troops forcing you to let them stay in your home. - 4th. Amendment- Searches & Seizures- States that law officials must have a warrant and probable cause before they can search your home. - 5th. Amendment- Criminal Proceedings; Dues Process; Eminent Domain- a person can only be tried for a crime if he has been accused of it, can’t be tried for the same crime twice, can’t be forced to testify against ones self. - 6th. Amendment- Criminal Proceedings- Everyone has the right to a trial by jury. - 7th. Amendment- Civil Trial- in civil cases involving money can only be have a trial by jury if it is for more than $20. - 8th. Amendment- Punishment for Crimes- No unreasonably high bail, or cruel and unusual punishment. - 9th. Amendment- Unemunerated Rights- protects other rights of the people that are not stated in the constitution. - 10th. Amendment- Powers reserved to the States- all powers not given to congress by the constitution are given to the states.
The 6 Principles
The 6 Principles are the main points that our government is based on. They include: 1. Popular Sovereignty- the people control what happens in government. 2. Limited Government- Limits what the government can do. 3. Separation of Powers- Government power is divided into 3 areas, legislative, executive and judicial. 4. Checks & Balances- each branch can check and balance what powers the other branches have. - L on J&E- Impeachment, approves all appointments of office. - E on J- appoints people to positions in office. - E on L- Executive powers to pass laws - J on E&L- Decides if laws are fair, Can declare things are unconstitutional, are there for life. 5. Judicial Review- looking over the laws. 6. Federalism- Powers will be divided between states and national government.
Functions of Political Parties.
- Nominate- Picking candidates that best suit the parties needs. - Information Stimulate- Keep the voters posted (informed) - Approval- to the in office. - Gov’t Function- keeps the gov’t moving. - Watch Dog Function- Keeping watch over the other parties. - Democrats = Liberal - Republicans = Conservative - Most 3rd. parties come up when there is a social problem. When the problem goes away, the party goes away.
Third Party Political Parties.
Reform Party - Ross Perot headed the reform party. - His reasons for organizing this party was because he believed that Clinton and Dole were incompetent to handle the presidency. - Perot started this party in 1996.
Voter Behavior
- Things that affect voter’s behavior: Money, risks, needs, wants, beliefs, friends, media, parents, age, circumstances, personality, goals, school, hormones, race, situation, expenses, instinct, etc. - Conservative: Money, no change, republicans, grandma, guns, traditional, big industry, pro life - Liberal: Pro Change, hippies, change, democrats, Debbie Stabenow, protestant, reform, union - Media -Liberal- Detroit Free Press, News Week, Time Magazine, Detroit News, Sports Illustrated, Nightly News Cast, PBS, CNN -Conservative- New York Times, Wall Street Journal, George, Kal Gazette. - Mass Media - 3 major mediums- News Paper, Radio, Television - 2 ways to get their Bias - How they ask questions - How they report answers
House and Senate stuff.
-We have a Bicameral legislature, which means 2 chambers in congress. - The two chambers are the House of Representatives and the Senate. - The national Election Day is the first Tuesday after the first Monday in November on every even year. - The new official takes office on January 3rd. The following year after the election. (Dates set by the 20th. Amendment). - Each congress new congress is numbered. It is now 107th. -House- - 2-year terms. - Must be 25 Years old. - Must be a citizen for at least 7 years. - Must represent the state you live in. - The constitution sets the total number of Reps at 435. - The number of reps that each state gets it based on population. - Reapportionment Act of 1939 - Sets size at 435 - Makes census bureau in charge of reapportioning states every 10 years on the “0” year. - Bureau sends their ideas to congress - If congress does nothing with it in 60 days, it becomes a law - Redistricting is an example of federalism. - It is important to be the party in power. - The 5 duties of congress - Legislative- making laws - Serve as a committee member - Representatives of their constituents- votes for you - Servants of their constituents- helps you out - Politicians - Senate - 6-year terms. - Must be 30 years old. - Must be a citizen for at least 9 years - Must represent the state you live in. - 2 senators for each state (Set by Constitution) -Belton’s Requirements - Be a Rich, White, Male
More House & Senate Stuff
- Continuous Body—The senate has a continuous body meaning they are never all up for reelection at the same time. - Gerrymander—Congressional districts that have been drawn in favor of the political party that is in power. - Immunity-- Protects reps and senators from suits for libel or slander arising out of their official conduct. - 1/3 Rule—Only 1/3 of the senate is up for reelection and one time. - The National Election day is the Tuesday after the first Monday in November on every even year.
How A Bill Becomes A Law
Belton’s Way... 1). Intro to the House (HR001) House numbers the Bill. - Can start in either the House or Senate - Tax Laws are the only bills that must be started in the House. 2). Goes to a standing committee (Brain Storm) - Standing committee- permanent committee in congress. - They look at it and change it. - Attach Riders to it - Riders are smaller laws that need to be attached to a larger bill because they will most likely never be passed on their own. 3). Committee Votes - Yes/No/No Action (Pigeon Hole) 4). Rules Committee - The most powerful committee in Congress. - Sees every bill - Schedules bills for debate. - Cannot change the bill - ***Can kill a bill y giving it a bad time to vote on it, when there wont be enough people to vote, the bill dies. 5). Debate, Vote, Pass - If the bill does not pass it dies. 6). Bill goes to Senate (Must have a Senate sponsor) (Bill named S001) 7). Committee- changes bill, votes, passes. 8). Committee votes (Yes/No/No Action) 9). Debate (In order… no rules in senate) - Filibuster – (talk bill to death) - Cloture Rule- 75% of senate votes to shut someone up. 10). Voted on and Pass 11). Bill goes to a conference Committee because senate changed it & passed it. - Committee compromises 12). Sent back to both chambers - Goes back through the same exact process - Both chambers could change it again - Say bill passes at bother chambers, with out any changes. 13). President Signs (Veto, or does nothing (Pocket Veto) - If nothing is done with it and not signed within 10 days it will be a bill (If Congress is in congress). Doesn’t become a bill is congress is not in session.
Steps to Presidency
1). Announce you want to run (You need to belong to a political party) - Take place between Feb. and June 2 years b4 next election. 2). Run and win the primaries to win delegates. a) Open (everyone who is registered to vote can vote) b) Closed (Only members of the party can vote.) - There are more open than closed primaries. 3). Accept Parties nomination. (summer before election) 4). Run against other Party (November- The Election) 5). Win election in November (Winner takes all electoral votes for each state won. 6). Electoral votes cast in December 7). Votes counted on Jan. 6th - If no candidate gets 270 electoral votes, Congress then votes, each state gets 1 vote. 8). New President takes office on Jan. 20th.
Presidential Roles
The president has certain roles to fill as a representative of our country. - The first 6 are given to him by the constitution. - Chief of State- Represents the United States - Chief Executive- Makes the necessary laws needed to enforce current laws. - Chief Administration- Head of the federal government - Chief Diplomat- In charge of foreign Policies - Commander in Chief- In charge of the armies - Chief Legislature- Dealing with Domestic Problems within the U.S. - The last two are added later - Chief of Party- Head of his Political Party - Chief Citizen- The president needs to be a model citizen - Chief of Staff- The president’s main right hand. Advises the president on all issues.
More President Stuff
Presidential Qualifications - Must be 35 yrs, National Born Citizen, Live in U.S. for 14 yrs. - (Belton’s Requirements) Be a Rich, White Male. -22nd. Amendment limits the president to holding office for only 2 terms or 10 years. (Roosevelt amendment) - Pay is $200,000 plus $50,000 expense acct/yr. - Perks…Whitehouse, offices, staff, protection, yacht, jet, mountain, medical & dental& lifetime pension of $143,800, Wife gets $20,000 (After husband dies) & usually a tax built library or museum. Vice President Stuff - No Belton requirements - Usually on ticket to “Balance it” - 1 in 5 VP’s have gone on to be President - 25th amendment allows VP to take over for President if needed. - 2 ways fore VP to take over - President writes to congress telling them - VP + (1/2) Congress agrees. - VP is the only person who cannot be fired. (Usually not a very powerful person) President is Head of our Government - Must enforce al federal laws - Has legislative powers (Veto) - Appoints all federal Judges. - Enforce Foreign policy - Make treaties - Run military & Hold aliens together (NATO, ANZUS, War Time, he is almost a dictator) - War Powers Resolution (Designed to avoid another Vietnam) - Has Judicial Power (Pardons)
Presidents Cabinet
Cabinet- however good the cabinet is determines how good the President is. - Secretary of State- Foreign affairs, advises president in all things in other countries. - Secretary of Treasury- Money matters, Secret service, Coast guard. - Secretary of Defense- Defense (Used to be War Dept.) - Attorney General- Justices Dept. Highest ranking cop in U.S. - Secretary of Interior- Advises President on issues w/in U.S. - Agriculture- Farmers needs, food inspections - Commerce- World Trade - Labor- Unions, Employers, anything with labor. - HHS- Medicare & Medicaid - HUD- Good, but cheap houses in Urban Areas - Trans- Transportation, Airplane crashes. - Energy- Nuclear Energy, Regulate transportation of energy. - Education- ?? - Veterans Affairs- Deals with veterans benefits.
Civil Liberties
- First Amendment freedoms- Dedications to individual rights, is what brought people to the country. - Constitution was passed only after delegates agreed to make a bill of rights. Amendments 1-10, 13, 14 make up our personal freedoms. - Civil Liberties— Protection against the government - Civil Rights—Is attempt to make civil liberties a reality for all people. - Constitution guarantees a lot of rights for all of us. We have the right to do what ever we want as long as we don’t infringe on the rights of others. - First 10 amendments apply to federal government only (Second Amendment). - States are limited by the 14th amendment (Due Process Clause).
Court Systems
- Dual Court System- Federal & State court system. - State Judges = All Elected - Federal Judge = All Appointed - Most Federal Courts deal with Constitutional issues. - Only 1 federal court is for criminal/civil cases. - Only court with juries (District Court) - 2 types of Federal Courts - Constitutional – Only Supreme Court - Special- Is in constitution - A case ends up in a federal court only if: a) U.S. is a party b) State v. State c) Foreign Rep is a party d) OR what kind of issue 1. Constitutional Issue 2. Happened on water e) ***The person filing the suit is listed first. - 4 types of jurisdiction (Authority to hear a case) a) Exclusive- the only court that can hear it b) Concurrent- Share Jurisdiction c) Original- First court to hear the case d) Appellate- Appeals - Military courts- as needed - U.S. Tax Court- 19 Justices on court, Special - Territorial Court- Special - District Court- 91 courts, Juries, only one with Juries - Courts of DC- Special, for life - Int. Trade Court- 9 Justices, 1 court, for life (Supreme Court) - Claims Court- 16, special - Veterans Appeals Court- 7 Judges, Special - U.S. Court of appeals for Armed Services- 5 Justices, special, 12 courts, have districts. - U.S. Court of Appeals- 179 Justices, Life Time, Appt. for Federal circuit- 12 Justices for life - U.S. Supreme Court- 9 Justices, for life, starts first Monday in October, goes till July or August. - Gets power from constitution, authority from Maybury v. Matison. - Has both Original & Appeals jurisdiction. - Only authority on constitution, Rule of 4’s, only 400-500 cases heard. - If they don’t rule on the case, then lower courts jurisdiction is upheld - Cases: 2 Lawyers, 1 providing & legal brief, 30 min side.
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