Jenna Davis Online
Autocracy
one person rules
Oligarchy
small group of people rule
Democracy
many rule
By population
68% of global lives under autocratic rule, 14% under liberal democratic rule and 19% in limited democracy
Totalitarian
NO limits on gov power
Authoritarian
few legal limits on gov power
Constitutional governments
place substantive procedural limits on what governments can and cannot do
Direct and representative democracy
Direct=vote directly for laws and policies
Representative=allows citizens to vote for someone to vote on laws and policies for them
Political efficiency
The belief that the individual citizens can affect what the gov does
Citizenship Act of 1924
Voting Rights Act of 1965
Native Americans and Alaskans, Asian American
Liberty
Equality
Justice
Liberty=core political value, appears in the constitution and the declaration of independence
Equality=core political value, equality of opportunity
Demographic changes
race, age, living patterns, religion, social economic- determine American political values. Similarly influence Texas political culture
Political culture
broadly shared values, beliefs, and attitudes about how the gov should work and function.
values are what makes up culture
One party dominance
Republican dominance in the state is relatively new
State wide elected offices
Secretary of State
Chambers of the Texas State Legislature
elected under the executive (State Supreme Court Justices and Appeals Court Judges
Secretary of state appointed by governor
Both chambers controlled by republican party
House: 86 Republicans / 64 democrats
Senate: 19 R / 12 D
Provincialism
rural value systems and a preference for limited gov
conservative social value systems, resistance to changes, solutions, emphasis on community and deference to local gov
Business dominance
centered around the growing economic prosperity for the state
Immigration
2010-2020 21 percent international
31 percent domestic (other county)
over 30% population under 18
85% lives in urban centers
Economic opportunity
defined colonial culture during british settlement
also drived conflict with British leadership
By 1760 debts forced the issue on monetizing the success of the colonists for the british gov
Seven Years War
doubled British debt
Part of the war was the French and Indian War- westward expansion bought British conflict with the French and Native Populations
British won war
Proclamation of 1763
banned further westward expansion by colonists
Stamp Act of 165, Sugar Act of 1764, Tea Act of 1773
British issues intolerable acts, infiring on colonial representation, civil liberties, and economic prosperity
Leads to the first Continental Congress in 1774
Second Continental Congress
held in 1776 almost a year after the American Revolution began
Declaration of Independence was drafted
John Locke
British philosopher wrote on limiting monarchical power,and gov operated under a social contract between the people and their ruler
Propted ideas of life, liberty and property
people should have to the right to overthrow a government that is unfair
Thomas Hobbes
wanted greater personal control in government affairs
Montesquieu
french philosopher
wanted separation of gov powers to alternate the opportunity of tyranny
Articles of Confederation
drafted in 1777, ratified in 1781, remained in force until 1788
Was a national gov, weakened for state governments
required states to agree on any amendments to the Article of Confederation
National Congress
declare war, regulate trade, negotiate treaties and issue currency.
Only states could carry out those laws
National gov cannot collect taxes
no standing national army or state militias
Shays Rebellion
Insurgency in Massachusetts-provided the impetus to review the efficacy of the Articles of Confederation and convene for the Constitutional Convention
55 out of 74 attend the Constitutional Convention
Constitutional Convention
2 plans for representation in a federal legislature
Virginia Plan
promoted state representation based on population size( proportional representation)
New Jersey Plan
state representation based on equitable representation
Connecticut Compromise
was forged, creating a bicameral legislature
upper chamber (senate) represented through equitable representation
lower chamber (House of Representatives) represented through proportional representation
3/5 Compromise
enacted to mollify smaller states concerns
Federalists vs. Anti-Federalists
Federalists wanted a strong national government, anti-federalists preferred a weakened federal power, in which faced changes in compromising over the balance of gov power to personal freedoms
Separation of Powers and Checks and Balances
balance power of the executive branch
Protection of Civil Liberties
after the Constitution was ratified, through the promise of Bill of Rights
The Constitution
starts with preamble, then articles (outlining government powers) and ends with amendments
Article 1
outlines power of the Legislative Branch, they create the laws
Bicameral legislature, members of the House of Representatives elected by the ppl to two year terms
Members of Senate appointed by 6 year terms
17th Amendment allowed for the direct election of senators
Checks and Balances
Senate has power to ratify treaties, approve presidential appointments, remove federal officials
have power to taxation and finance, military and naturalization
Necessary and Proper Clause
gives congress its implied powers, covers the bodies daily work (McColloch v Maryland)
Article 2 (II)
outlines the power of the executive branch. It is empowered to act timely and decisively in the best interests in the nation, and structured to enforce the laws
Checks and balances-empower of the executive include the ability to veto legislation, commander in chief, engage with foreign ambassadors and judges, pardon criminals
Inherited powers
include Executive Privilge,Executive Orders, and Agreements
Inherited powers are based on individual presidential interpretation and the Supreme Court and legislature to allow certain actions
Article 3 (III)
outlines power of the judicial branch,judiciary role is to interpret laws
Independent judiciary is a key role for democracy and conflict resolutions within the court aid and maintaining civil order
Supreme Court Justices
appointed by the President, confirmed by Senate, they set their salaries
Judicial review
courts ability to declare actions of the executive or legislative branch unconstitutional, is not outlined in the constitution
Marbury v. Madison
Chevron Doctorine
Supreme Court outurned it earlier this year
allowed for executive and federal gov agencies that fall under the executive to interpret ambiguous laws from congress
Reversing the precedent, now places judges in a position to interpret laws from congress that are ambiguous
Can impact regulatory efforts to protect, environment, air, water, emissions, decisions on student loans
Article 5 (VI)
Provides for the amending of the Constitution, process is complex with only 17 Amendments being added after 1791. Amendments proposed by legislature, must pass both chambers with 2/3 majority vote. Proposal then goes to states, where 3/4 of states need to approve. First 10 amendments were not promised in the Constitutional Convention.
Article 6 (VI)
Discusses the supremacy clause. State laws get placed by federal laws, and binds the 3 levels of government( state, local, federal) in support of the Constitution and the hierarchy of national law
Role of State Constituiton
state the power of source
define the limits of political power
delegate political power
define checks and balances to prevent the concentration of political power
establish local governments
Every State Constitution looks different, and establishes local governments to delegate power even further
Supremacy Clause
History of Texas Constitution
operated under 7 constitutions
Mexican Constitution-1824, country independence from Spain 1821
Coahuila Y Texas-1827
constitution granted rights for security, property, liberty and equality, and included language to curtail the practice of slavery
Santa Anna
adopted a new constitution in 1836,curtailing state power, and predicating the separation of the Texas territory from Mexico
Texas Independence
constitution of 1836, heavily influenced by the American settlers in Texas
10 / 59 delegates invited to the convention in 1836 called for independence lived in Texas prior to 1830
reflected American political values
soaring debt caused a push for annexation by the US in 1842
Constitution of 1845
Texas was annexed and the constitution was redrafted,made amending the constitution extremely difficult
Constitution of 1861
protected slavery within the state and placed emphasis on state rights
Constitution of 1866
accepted abolition of slavery and the rights of formerly enslaved persons
Federalism
a system of government where power is divided between a central and regional governments
Unitary systems
empower central government and confederate systems empower state governments
5 characteristics of federalists systems
1. 2 layers of governance elected by the ppl with different roles and responsibilities
2. a written constitution agreed upon by the majority of sub-national governments
3.sepration of powers between national and sub-national
4. posses a national court system
5.sub-national governance has representation at the national level, to influence national policy
10th Amendment
provides for reserved powers- powers that belong to the states
Concurrent powers
powers that both the state and federal governments share, such as levying taxes and regulating commerce
Full Faith and Credit Clause
requires states to recognize public acts and judicial decisions made in other states
Privilege's and Immunities Clause
provides the states cannot discriminate against persons from another state and cannot give state resident special privildges
home rule
many states (including texas)have constitutional provision, assurances of state interference in local affairs
Texas passed a constitutional amendment for home rule in 1912
Dual Federalism
first era of federalism 1789-1937
specialized functions covering internal improvements,subsidies tariffs, public land disposal
Police power was left to the states
worked for a smaller newer U.S
McCulloch v. Maryland
utilized the Necessary and Proper Clause to expand federal power over banking commerce
Gibbons v. Ogden (1824)
established federal government supremacy in matters to interstate commerce
Cooperate federalism
Great Depression changed act of federalism
Hover maintained unemployment and social assistance (25%)
Roosevelt pushed New Deal Act for ppl to recover economic, got the Supreme Court to approve the New Deal programs: WPA, Social Security Act
Regulated Federalism (1960s-1990s)
federal gov began implementing minimal standards for state policies across environmental protections, social services and education
Preemptions sets were for disabled ppl, water, air, health and safety
New Federalism
emerged same time as regulated federalism
attempted to reserve the level of national government involvement in state affairs
Diffusion
states can be important visionaries for policies, and good ideas will naturally be adopted through the states without mandate from the federal gov
Unfunded mandates
government requirements that come without financial assistance
Nullification Crisis (1832-1833)
the idea of nullification came from decisions made by the federal government that states believed exceeded its powers
Alien and Seditions Act (1798)
series of laws passed by congress targeting immigrants from France and the ability to publish material that was negative towards the government
These acts were not before the Supreme Court, there was reaction from states through the Virginia and Kentucky resolutions
Virginia and Kentucky resolutions
prompted the idea that states could nullify or invalidate- laws enacted by the federal gov they did not agree with, carries on through tariffs of 1828-1832, high tariffs on imported goods
Tariffs
impacted more to the southern states, because they relied on foreign imports, gov of South Carolina took a assertive stance issuing a nullification ordinance on the federal gov to declare the tariffs did not apply to the state
President Jackson
responded to South Carolina about the tariffs, and responded with threats, South Carolina was forced to accept the terms of a more moderated tariff
between the Alien and Sedition Acts and the Nullification Crisis
Supreme Court is moving to expand the powers of the national gov
Marbury v. Madison
McCulloch v. Maryland, Gibbons v. Ogden
1861
Texas seceded from the Union to protect the practice of slavery and further promote state governmental power
13th Amendment
outlawed slavery
14th Amendment
Declares that all persons born in the U.S. are citizens and are guaranteed equal protection of the laws
15th Amendment
Citizens cannot be denied the right to vote because of race, color , or precious condition of servitude
Reconstruction era
takes place during the dual federalism era
the economic impacts of the Great Depression and the Dust Bowl predicted an increase in federal assistance to Texas
Civil Liberties
areas of personal freedoms constitutionally protected from government interference, different from civil rights
liberties protect from governmental power while rights are assurances of protections by the government
Where are civil liberties found?
both in the U.S Constitution and state constitutions
Bill of Rights, Article 1 of the Texas Constitution, federalists didn't wanted protection from civil liberties, anti-federalists did
low chamber (House of Representatives)
only 17 amendments were passed and 10 out of 12 were ratified by the states
selective incorporation
allowed the courts to tackle civil liberties issues individually, rather than make a decision on the whole
First Amendment
protected several liberties, including the prevention of the establishment of an official religion, the freedom of religion exercice, speech, press, assembly, petition
Establishment of national religion and free practice of religion
Establishment Clause
implementing a national religion, separates religion and government ( church and state)
The Free Exercise Clause
protects the rights of religion practice in the U.S
Speech
hate speech, (discriminatory or offensive) is essentially protected by the first amendment
schools are able to restrict speech id they are viewed as educational forum then public forum
Commercial speech is protected as well
Symbolic speech is protected by courts
Second Amendment
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
McDonald v. Chicago (2010)
Supreme Court applied the second amendment to the states
Third Amendment
helps to construct a "zone of privacy" around citizen homes
Protects against the quartering of troops in the home during the time of war or peace
Suspension Clause
few civil liberties provided for the body of the constitution to also protect these rights
(Habeas Corpus, Bill of Attainder)
Fourth Amendment
Protects against unreasonable search and seizure
Fifth Amendment
grants the right to a grand jury and self incrimination
double jeopardy was a liberty extended to the states
Sixth Amendment
A constitutional amendment designed to protect individuals accused of crimes. It includes the right to counsel, the right to confront witnesses, and the right to a speedy and public trial.
Seventh Amendment
provides the right to a jury trial for civil suits
Eighth Amendment
Prohibits cruel and unusual punishment and excessive bail or fines.
right to privacy is discerned through the Third, Fourth and Fifth Amendments, can be implied further through the addition of the ninth amendment
Ninth Amendment
Protection of rights not listed in the Constitution