Civic Unit 1 Review

Dispersions of Power: Separated

Dividing Government Authority between institutions

• Executive

• Legislative

• Judicial

Dispersion of Powers: Federalized

Divided and Shared between levels of government

• federal

• regional

• state

• local

Dispersion of Powers: Integrated

• Concurring powers

• shared management of systems

• mandating changes to lower level governments

Capitalism

• private control of production

• free market consumption

Socialism

• collective ownership of production

• state management of markets

Communism

• state ownership of production

• state control of markets

Open systems

Class

• social position achieved through merit, education, effort, or wealth

Closed Systems

Caste or Estate

• rigid - social position ascribed at birth and cannot be changed

Elitism

rules are determined by those at the top of the social systems

Pluralism

Rules are determined by competition between various social and economic groups.

Power Elite Model

Elite determine political and social outcomes

• be in power, or influence those with power

Class Conflict Model

Political tension is caused by clashing interests in socioeconomics

• follow the monies → Coerce via Money

Pluralism Model

Groups of individuals maximize influence on politics

• join a group of likeminded people or businesses

Participatory

Individuals influence politics through collective action

• Vote for representation, vote on initiatives, march, protest, sign petitions

Home Rule

power given by a state to a local city, town, or county to govern its own local affairs without needing specific permission from the state

Limitations on Home Rule

• No experience with commerce or trade

• no military

• no power over foreign relationships

• No reason to work together

Virginia Plan

• Lower Chamber Representation based on population

  • Directly Elected by the people

• Allows the federal us of force against states

New Jersey Plan

• equal representation for each state

• The National Government can’t obligate the states to do anything with legislation

Virginia Plan vs New Jersey Plan

• Bicameral vs Unicameral

• Population based vs State based

• Legislate for states and veto state laws vs provide defense but can’t override state authority

Bicameral Legislature

Senate

• Equal Representation

• Selected by State Legislatures

House

• Proportional Representation (census)

• Selected by population (landowning citizens)

Laws must pass both houses

Article 1

Two Chambers

• the lower (house)

• the upper (senate)

House

• 2 year terms

• Initiates Spending Bills

Senate

• 6 year terms

• Confirms executive appointments and approves treaties

Outlines Powers and Limitations of Congress

Necessary and proper clause

Article 2

• Single Head of Executive: The President

  • 4 year terms

Electoral College

• each state gets as man electors as members of legislature

• States control selection of electors

  • Cannot be anyone holding office

Can’t initiate treaties and recognize ambassadors

Checks on Executives:

• senate approves cabinet and Judicial nominees

• can’t initiate legislation or declare war or raise money

Article 3

• Established Supreme Court and Inferior Courts

• Federal Judges given lifetime appointment

  • avoids political influence

• Appointment of Judiciary by Executive

  • concurrence with the senate

• Can only hear cases with federal issues at stakes

Article 4

• Full faith and Credit

  • Recognize and respect public acts and record (Licensure marriages, criminal sentences)

• Extradition Laws and Non-discrimination against citizens of other states

• New States may be admitted but only by congress

  • no splitting or combining states

• Guarantees a Republican Form of Government

  • Protection from foreign invasions/ Riots

Article 5

1. Congressional Proposal: a joint resolution passed by 2/3rds of the house and senate

2. National Convention: 2/3rds of the states can apply to congress to call a national convention to propose amendments (never been used)

3. Once, amended ¾ of the states must ratify for the amendment to take. effect

Article 6

• all debates and treaties from Confederation are still valid

• All members of state legislatures, executive, and judicial offers are bound by oath or affirmation to support the constitution

• all treaties and laws made by the federal government are the “supreme law of the land”

• “but no religious test should ever be required as a Qualification to any office or public trust under the United States

Federal Law take priority over any conflicting state laws, state constitutions or local ordinances

Article 7: Ratification

The Ratification of the Conventions of nine States shall be sufficient for the establishment of this constitution between the states so ratifying the same

(9 out of 13 states had to ratify) 1788

Amendment 1

Limitation on Congress

1. Congress shall make no law establishing a religion or abridging speech, press, assembly, or petition freedoms

Amendments 2,3,4

Limits on Executive

2. Executive branch cannot infringe on the right of people to keep arms

3. Cannot arbitrarily take property for militia

4. Cannot engage in search and seizures unless warrant issued

Amendment 5,6,7,8

Limits on Judicial

5. Rights in criminal cases

6. Rights to fair trails

7. Rights in civil cases

8. Bail, fines, punishment

Amendment 9,10

Rights Retained

9. Enumeration of rights shall not be construed to deny other (non-enumerated) rights held by people

10. All powers not enumerated are reserved for the states or the people

Federalism

1. a formal legal relationship between one or more levels of government (vertically)

2. An equitable relationship between similar levels of government (horizontal)

Powers of the Federal Government

• Expressed Powers

  • Declare war

  • maintain army

  • regulate interstate commerce

  • coin money

  • admit new states

• Implied Powers

  • Necessary and Proper Clause

Necessary and Proper Clause

“ to make all laws which shall be necessary and proper for carrying into execution the foregoing powers”

• It grants Congress the power to make all laws needed to execute its enumerated powers and all other powers vested in the federal government. 

Powers of the State Government

Reserved Powers (10th Amendment)

• Develop and Enforce Criminal Codes

• Administer “Health and Safety”

• Regulate Livelihoods (licensing and professions)

• anything not clearly delegated to the federal government

Concurrent Powers

Powers of Local Governments

Types:

• Cities, town, villages

• County governments

• Regional Governments

• Special: School, Natural Resources, Housing and Community Development

Powers:

• Providing Service

• Enforcing Laws

• Levying taxes

• Managing infrastructure

Advantages to Federalism

• Access to government

• Promotes competition in policy design

• Improved Responsiveness to communities

• Promotes local government growth

Challenges of Federalism

Unequal Outcomes

• Treatment of people

  • Racial Segregation

  • LGBTQ+ marriage

• Different laws in Different states

  • Drug legalization

  • Travel Requirements

Inefficiency

• Redundant policy systems

• Economic consequences of state regulation differences

Unclear Responsibility in Overlapping Jurisdiction

• Government Conflicts

• Confusion on which government is responsible for solution

Civil Rights

guarantees equal treatment and protection against discrimination

Civil Liberties

individual freedoms government generally may not restrict

13 Amendment

abolished slavery and involuntary servitude, except as punishment after conviction

14th Amendment

people born or naturalized in the United States are citizens

15th Amendment

the vote cannot be denied because of race, color, or previous condition of servitude

19th Amendment

the vote cannot be denied “on the account of sex”

24th Amendment

poll taxes and similar taxes cannot be required to vote in federal elections

26th Amendment

citizens age 18 and older cannot be denied the vote because of age

Establishment Clause

the united Staes cannot make an official state church

Free Exercise

can’t be prohibited from a certain religion

Lemon Test

• Secular Purpose: The law or action must have a legitimate, non-religious purpose.

  • does the law serve a purpose outside of religious reason?

• Primary Effect: Its principal or primary effect must neither advance nor inhibit religion.

  • Does the law hinder or support a particular religion or religious purpose?

• No Excessive Entanglement: It must not foster an excessive government entanglement with religion

  • does the law give the state too much control over religion?

Brandenburg Test

• Intent: the speech must be directed at inciting or producing imminent lawless action

• Likelihood: the Speech must be likely or produced such action

We should overthrow the government = protected

Let us overthrow the government, come with me now” = not protected

Exclusionary Rule

Unlawfully obtained evidence is excluded from the trail

Double Jeopardy

states bringing you to trail twice for the same crime

Eminent Domain

the governments power to take private property for public use