Final Review

Is government necessary? Why/why not?
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Terms in this set (190)
Is government necessary? Why/why not?
Yes you need rights to be established and for nothing to be corrupt
What is government
The institution through which a society males and enforces its public policies; agency
Who rules a government
The people (democracy) or a leader or his small group (dictatorship)
The state- characteristics (4)
- population
- territory
- sovereignty
- government
People
Population
Land
Territory
Absolute and supreme power
Sovereignty
Theories of government (4)
- force theory
- divine right
- evolutionary theory
- social contract
Small group forced all to submit to person and/or group's rule
Force theory
Developed naturally out of the evolution of the family
Evolution theory
Held that god created the state, and god had given those of Royal birth "divine right"to ruleDivine rightArgues that state arose out of a voluntary act of free people. State exists only to serve the will of the peopleSocial contractPurpose of government- form a more perfect union -established justice - insure domestic tranquillity - provide for the common defense - promote general welfare - secure the blessings of libertyHow is government classified (3)- who can participate in the governing process - the geographic distribution of governmental within the state - the relationships between the legislative and executive branchForms of government- democracy - direct democracy - indirect democracy - autocracy - monarchy - dictatorship - oligarchy - theocracy - anarchyThe people hold political powerDemocracyPure democracy- occurs when the will of the people translates directly into public policyDirect democracyRepresentative democracy; a group of persons chosen by the people express the will of the peopleIndirect democracy yThe rule of oneAutocracyKing/queenMonarchy1 person in control, and the other branches biddingDictatorshipA small group of people has all the power, "rule by a few"OligarchyA government that recognized god or a divine being as the ultimate authorityTheocracyNobody is in control- or everyone is, depending on how you look at itAnarchyWe will only pay taxes that our representatives in a House or Assembly (or similar body) have approved and passed into a law"No taxation without representation"Pamphlet written in American by Englishman Thomas Paine, published on January 10, 1776Common senseBritish colonial policies prior to the 1750s- Taxation without representation - distance made it hard for parliament to manage colonial affairs or enforce trade laws - colonial legislatures took on broader powers, withholding pay from governors who disagreed with legislative proposalsHow did the British colonial policies change after the 1750s- parliament expanded and enforced laws to control colonial trade - parliament passed new taxes to pay for British troops stationed in North AmericaAttempts at colonial unity- new england confederation - albany plan of union - stamp act of congressDefense against the IroquoyNew England confederationAn annual congress of delegates (representatives) from each of the 13 colonies would be formedAlbany plan of unionIn 1756, a group of colonies sent delegates to this congress in New York to prepare the stamp act restores against British policies and sent it to the kingStamp act congressHow did colonies respond to British laws- boycotts and violence - created committees of correspondence to organize resistance - boston massacre and Boston tea partyColonists sent a DOR to king George II urging each of the colonies to refuse all trade with England until British tax and trade regulations were repealed, or recalledFirst Continental congressIn 1775, each of the 13 colonies sent representatives to this gathering in Philadelphia; served as the first government of the US from 1776-1781Second Continental congressHow did colonial views on government change over timeThey wanted outDeclaration of IndependenceAnnounced the US as a free countryDeclaration of Independence Lockean principleSocial contract is keyDeclaration of Independence Major themes- self evident truths - human equality - natural rights - purpose of government - measure of justice - right of Revolution - limits to the right of RevolutionWe hold these truths to be self evidentSelf evident truthsAll men are crested equalHuman equalityThey are endowed by their creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happinessNatural rightsConsent of the governedMeasure of justiceWhenever any form of government is destructive of the security of natural rightsRight of RevolutionPrudence: long established governments shouldn't be overthrown for light and transient causes Experience: men are more disposed to suffer while evils are sufferable than to right themselvesLimits to the right of revolution- statesman, architect, botanist, paleontologist, linguist, and musician - became a lawyer - member of the Virginia house of burgesses - father of the DOIThomas Jefferson- advocated by Thomas Hobbes and John Locke - an agreement between people and the government, basis of government, people give up absolute freedom, government can be replacedSocial contract theoryDeclaration of Independence Committee of 5 to write the proclamation of Independence- Benjamin franklin - john adams - roger Sherman - Robert Livingston - Thomas JeffersonWhere is the Declaration of Independence housed?The main rotunda in the national archivesEstablished a firm league of friendship among the statesArticles of confederationArticles of confederation Structure- Unicameral congress - no independent executive - no judiciaryArticles of confederation Powers- make war and peace - send an receive ambassadors - make treaties - borrow money - set up a money system - establish posts offices - build an navy - raise an army by asking states for troops - fix uniform standards of weights and measures - settle disputes among statesArticles of confederation Weaknesses- one vote for each state, regardless of size - congress powerless to lay and collect taxes or duties - congress powerless to regulate foreign and interstate commerce - no executive to enforce laws of congress - no national court systems - amendment only with consent of all states - 9/13 majority required to pass laws - articles only a "firm league of friendship"Articles of confederation Obligations of the states- promised to obey articles/congress - provide funds/troops - treat citizens of other states fairly/equally within their borders - give faith to public acts, records, and judicial proceedings - surrender fugitives from justice to one another - submit disputes congress - allow open travel and trade- war ended October 19, 1781, we signed the treaty of Paris in 1783 - problems because of the weakness of the articlesCritical periodIndebted farmers and other small property owners lost land and possessions when they could not pay their debts or their state taxesShays rebellionHot weather, windows closed shut from lies and eavesdroppers, tension, 50 men all speaking at once, each with an opinion and interest to protect, from may 25, 1787-SeptemberConstitutional conventionConstitutional convention Original purposeRevision the articles of confederationConstitutional convention The conditionssecret meeting with armed guards and closed windowsConstitutional convention How the meeting conducted- majority of states needed to conduct business - each state delegation had one vote on all matters - majority of votes would carry any proposal - most work done together in little committeesThe delegates at the constitutional conventionFramersConstitutional convention GoalsTo revise the Articles of Confederation- Bicameral legislature - representation in each house based on population and/or momentarily contributions to the national government by the state - single executive chosen by legislative branch, limited to one term only, could veto legislative acts, removed by congress - judges chosen by legislative branchVirginia plan- unicameral legislature - representation in house would be equal among the states - plural executive chosen by legislative branch, no veto powers, removed by the states - judges appointed for life by the executiveNew Jersey planConstitutional convention Compromises- Great/ Connecticut - 3/5 compromromise - commerce and slave trade- issue: representation in congress - solution: bicameral legislature: states have equal representation in senate, representation in house depends on state's populationGreat/Connecticut compromise- issue: counting slaves within population to determine representation - solution: slaves were counted as if 3/5 of one person, both for representation and taxation3/5 compromise- issue: granting congress the power to regulate foreign and interstate trade - solution: congress was forbidden to tax a state's export or take action against the slave trade for 20 yearsCommerce and slave tradeThought that the articles of confederation were weak, and argued for the ratification to the constitutionFederalistsobjected to the constitution for many reasons, including the strong central government and the lack of a bill of rightsAntifederalistsa series of letters published in newspapers by Publius (alexander hamilton, james madison, and john jay) to influence the vote in favor of ratification, to explain the constitution for future interpretation, and to outline how the constitution should be set upFederalist papersRatification- 9 states ratified the constitution, but larger states like virginia and new york were needed like virginia and new york were needed - debates were held in both states- debates were held in both statesproposed the first set of amendments to the constitutionBill of rightsOutline of constitutionpreamble, articles 1-7Preamble"We the people of the united states, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this constitution for the united states of america"all political power resides in the people- government can only govern with the consent of the governedPopular sovereigntygovernment is not all powerful, it may only do those things that the people have given it the power to doLimited governmentthe basic powers of government are separated among 3 independent branches in our presidential systemSeparation of powerseach branch of government is subject to a number of constitutional checks (restraints) by the other branchesChecks and balancesthe power to declare something unconstitutional, to declare illegal/null and avoid, a governmental action that violates some aspect of the constitutionJudicial reviewthe division of power among a central government and several regional governments- the powers held by government are distributed on a territorial basisFederalismgovernment must be conducted according to constituted principlesConstitutionalismno one is above the lawRule of lawFormal amendment processes- method of proposal - method of ratificationthe amendment process is in what articleArticle Vdefines the original jurisdiction of the supreme court concerning a suit against a state by a citizen of another state11th amendmentChange of legislationconstitution established congressional powers, but congress has used these powers as they see fit, passed thousands of lawsChange of executive action- congress must declare war vs commander in chief - treaties and executive agreementsChange of court decisionsthe supreme court constantly interprets the constitution and its powers and limitations- it decides what can and cannot be done under the lawChange of party practicesalthough the constitution makes no reference to political parties, they not only exist, but have a great influence. congress is organized and conducted on the basis of political partyChange of custom and usageunwritten custom can be just as strong as written law- by congress (2/3 approval in each house) - proposed at a national convention called by congress, when requested by 2/3 of state legislaturesmethod of proposal- ratified by the state legislatures of 3/4 of the states - ratified by conventions held in 3/4 of the statesmethod of ratificationRedefines how the President and Vice-President are chosen by the Electoral College.12th amendmentabolished slavery13th amendmentensures that all citizens of all states have federal and state rights14th amendmentracism cannot be used in voting15th amendmentthe us can collect income tax without regards to state populations16th amendmentshifted the choosing of senators from the state legislatures to the people17th amendmentabolished the sale of manufacture of alcohol18th amendmentwomen's suffrage19th amendmentnew dates for the terms of congress and president and how president deaths and swear ins are handled20th amendmentrepealed the 18th amendment21st amendmentlimit on presidential terms- 2 4 year terms22nd amendmentgrants district of columbia the right to 3 electors in presidential elections23rd amendmentno tax could be charged to vote for any federal office24th amendmentfurther clarifies the line of succession to presidency and what they do when not in office25th amendmentperson over 18 can vote26th amendmentany law that increased the pay of legislators may not take effect until after an election27th amendmentcreated a supreme court of 6 justices, including the chief justicejudiciary acts of 1789the constitution creates a bicameral legislature for 3 reasons:- historical: the british parliament consisted of two houses since the 1300s, and many colonial assemblies were similar in form - practical: bicameral legislature was necessary to compromise the virginia and new jersey plans of representation - theoretical: the framers favored a bicameral congress in order that one house might at as a check on the otherqualifications of the senate- at least 30 years old - us citizen for 9 years - must live in state from which they are electedqualifiations of the house of representatives- at least 25 years old - us citizen for 7 years - inhabitant of state from which they are electedterms of senate6 years (no term limits)terms of HOR2 yearsmembers of each state in hordepends on populationnumber of people in hor435 (not a fixed number)number of people in the senate100number of people in congress535the regular period of time during which congress conducts businesssessionswhen are congressional elections heldthe Tuesday following the first Monday in November of each even-numbered year4 types of congressional activities- standing - select - joint - conferenceredistribute - article 1 directs congress do this to the seats in the hor after each decennial censusreapportionmentdisricts that have unusual shapes or even defy description; the act of drawing congressional districts to the advantage of the political party that controls the state legislaturegerrymanderingthose congressional elections held between presidential electionsoff year electionsthe voters in each district elect one of the state's representativessingle member districtWhy is the Senate a continuous body?all of its seats are never up for election at the same time- a clerk calls the chamber to order and checks the role of newly elected representatives - the members-to-be choose a speaker, who takes the oath of office and swears in the rest of the members - elects a clerk, sergeant of arms, doorkeeper, postmaster, and chaplain, and then adopts rules and organizes committeesopening day at house- most influential member of the hor - only leadership position mentioned in the constitution - manages the house and congress and is next in line for the presidency after the president and vp - allowed to debate and vote on any matter - if chooses to vote, speaker pro tempore must be temporarily appointed - rarely votes except to break a tiespeaker of the house- vp - elected by senate and is a member of the majority partypresident pro temporelength of time that officials serve after an electionterm- does not take extensive organizing - newly elected officials and reelected members are sworn in and vacancies are filledopening day in the senate- permanent - specific legislative responsibilities - work divided among subcommittees - only committee that can report a bill out on the floor of the house/senatestanding committee- special committees - limited time - usually formed to investigate a certain issueselect committee- composed of members of both houses - most are permanent groups that serve on a regular basis - members of congress want to have more of these due to duplication of work on standing committeesjoint committees- to resolve differences in a piece of legislation - temporary - produce compromise billsconference committeemembers of each state in senate2Duties of vp in senateCannot vote in the senate, except to break a tie, nor may they formally address the senate, except with the senators permissionSenate standing committeesThe cloture rule: - rule 22 in the standing rules of the senate deals with cloture, or limiting debate - if at least 60 senators vote for cloture, no more than another 30 hours may be spent on debate, forcing a vote on a billHow many house members in standing committees20How many senate standing committee members17Types of bill and resolutions- bill - joint resolution - concurrent resolution - resolutionA proposed law or draft of a law, public one applies to the entire nation, private one applies to only certain people or placesBillA proposal for action that has the force of law when passed, usually deals with special circumstances or temporary mattersJoint resolutionA statement of position on an issue used by the house and senate acting jointly, does not have the force of law, does not require the presidents signatureConcurrent resolutionA measure relating to the business of either house or expressing an opinion on a matter, does not have the force of law, does not require the president's signatureResolutionBill process in house- clerk numbers each bill, gives a shirt title, and enters it in the house journal and congressional record - full committee - sub-committee - if approved, then rules committee - floor debate/votingBill progress in senate- senator called on to propose bill - assigned to committee - full committee - sub-committee - floor debate/votingAssistants of the floor leadersWhipsBoth in senate and house, consist of a majority and minority one chosen by party colleaguesFloor leadersCommittee actions:- report the bill favorable with a recommendation - refuse to report bill - report bill in amended form - report bill with unfavorable recommendation - report committee bill- includes all members of the house, however, they sit as one large committee and not as the house itself - when this resolves itself, the speaker steps down and another member presides. General debate follows.Committee of the whole houseMajority of states needing to conduct businessQuorumDebate on the floor of the house and senate- several limits are placed on floor debate due to house large size - majority and monitory floor leaders generally decide in advance how they will split the time to be spent on a billan attempt to make "talk a bill" to deathFilibusterThe president's roles:- chief of state - chief executive - chief administration - chief diplomat - commander in chief - chief legislator - chief of party - chief citizenThe ceremonial head of the us government and the symbol of the American people, reigns, rulesChief of stateHolding the nation's executive power in domestic and foreign affairs, powers granted by constitution, power to executive all federal laws, executive orders, pardons, reprieves, commutations, amnestiesChief executiveDirecting more than 2.7 million civilian employees of the executive branch, a budget of around $2 trillion, can remove people from positions, appoints top ranking officialsChief administratorOrders 1.4 million soldiers of the nations armed forces, rationing, confiscating ships/factories for warCommander in chiefMain architect of American foreign policy and the nation's chief spokesman to the rest of the world, power of recognition, executive agreements, power to make treatiesChief diplomatProposing laws that set the congressional legislative agenda, signs and vetoes billsChief legislatorUnofficial head of the political party that controls the executive branchChief of partyUnofficial, expected to champion the public interest and be the "representative of all the people"Chief citizenQualifications of president- must be natural born us citizen - at least 35 years old - been a us resident for at least 14 yearsHow long is a presidents termNo more than 10 years in office, or 2 4 year termsPresidential succession- before 1967, the vote technically assumed only the powers and duties of presidency. However, the custom was that the vp took the presidential office as well - the presidential succession act of 1947 sets the order of succession after the vp - the presiding officers of congress are followed by the heads of the cabinet departments in the order that they were createdPresidential disability- for many years, there were no provisions for deciding if a president was top disabled to continue in office - the vp becomes acting president if the president informs congress, in writing, that they can't carry out the powers and duties of the office, or the vp and a majority of the members of the cabinet inform congress, in writing, that the president is incapacitatedVice presidency- historically, the office of vo had low status - often the vp candidate is chosen because they can balance the ticket, helping the president hey elected due to personal characteristics such as ideology, geographic background, race, ethnicity, or gender -recent vps have had more political experience and influence - no vp has been given as much power as the president, in part because the president cannot remove the vpPresidential electorsElectoral college - "the most enlightened and respectable citizens" from each state - "free agents" in choosing the most qualified persons for the president and vpElection of 1800Electoral votes for floridaNational bonus planElectorateDirect popular electionProportional planDistrict planConvention arrangementApportionment of delegatesSelection of delegatesAn election in which a party's voters - choose some or all of a state's party organizations delegates to their party's national convention - express a preference among various contenders for their party's presidential nominationPresidential primaryIowa caucusNew Hampshire primaryWinner-take-all basisWhen electors are chosen by popular vote in every state and on the same day everywhere: the Tuesday after the first Monday in November every 4 yearsProportional representation- in those states that do not hold presidential primaries, delegates to the national conventions are chosen in a system of caucuses and conventions - the party's voters meet in local caucuses where they choose delegates to a local or district convention, where delegates to the state convention are picked - at the state level, and sometimes in the district conventions, delegates to the national convention are chosenCaucus-convention processWhat occurs throughout the 4 days of the national conventions- many speeches by party leaders - adoption of the party platform - the keynote address celebrating the party and its candidates - closes with state delegations voting for the presidential voting for the presidential nominee and the nominees acceptance speechExecutive office of the presidentOften called cabinet departments, them and their subunits carry out much of the work of the federal governmentExecutive departmentsNot attached to any of the cabinet departments and exercise a wide range of responsibilities in the carrying out of government business as well as serving the publicIndependent agencies