Foundations of American Democracy and Government Structure

Magna Carta

Signed in 1215, Protected the people from the king, Due process of law and trial by jury were guaranteed rights, Earliest example of a constitution

Mayflower Compact

Written by the Pilgrims in 1620, Pilgrims were Puritans escaping religious persecution, Established a government for the Plymouth colony in Massachusetts

English Bill of Rights

New king and queen were forced to sign the new English Bill of Rights in 1689 before they could take the throne, Can't tax without permission from Parliament, Can't force excessive bail, No cruel or unusual punishment

Declaration of Independence

Written by Thomas Jefferson, Enshrines the rights to 'Life, Liberty, and the Pursuit of Happiness', signed in 1776

Confederation

The type of government the United States created after declaring Independence

Connecticut Compromise

Delegates from Connecticut came up with a compromise of the two plans; Plan with 2 Houses: One based on State population, One where every state would be represented equally

Total Amendments

27 Amendments have been ratified by the states

Separation of Powers

The United States separates power between the different branches of government; Each branch has expressed, implied, and inherent powers with a system of checks and balances

Ratification of Amendments

¾ of states or 38 states are needed to ratify a new amendment to the Constitution

Selective Incorporation

The Supreme Court has used the 14th Amendment to make sure the States are not depriving people of their rights guaranteed in the Constitution

Incorporated Rights

Freedoms of speech, press, assembly, petition; Free Exercise Clause, Establishment Clause; Right to bear arms; no unreasonable searches or seizures; no self-incrimination; no double jeopardy; right to counsel; right to confront and obtain witnesses; speedy trial; trial by jury in criminal cases; no cruel and unusual punishment

Not Incorporated Rights

No quartering of troops; grand jury; trial by jury in civil cases

Establishment Clause

Congress shall make no law respecting the establishment of religion

Example of Establishment Clause

Applies to issues like government sponsoring prayers, funding religious activities

Free Exercise Clause

Everyone has the right to believe whatever they choose to believe in matters of religion; Does not give the right to violate criminal laws, offend public morals or threaten community safety

Example of Free Exercise Clause

Have the right to attend religious services, Private and Communal Prayer, Religious Rituals and Ceremonies

Miranda v Arizona

Linked to the 5th Amendment. The Supreme Court ruled that the defendant's interrogation violated the Fifth Amendment. Procedural safeguards were required, and a defendant was required to be warned that they had the right to remain silent and not answer any of the questions.

Demographics of U.S. Congress

Congress is mostly made up of old white men.

Role of the Vice President in the Senate

Precedes over the Senate and can vote in the event of a tie.

Number of people in the House

House - 435.

Number of people in the Senate

Senate - 100.

Representation in the House

Proportional representation based on state population.

Representation in the Senate

Equal representation.

Formal qualifications to run for House

Must be 25, a resident of your state, and a citizen for at least 7 years.

Formal qualifications to run for Senate

Must be 30, a resident of the state, and a citizen of the US for 9 years.

Informal qualifications for Congress

Political Experience, Fundraising Ability, Name Recognition, Incumbency.

Off Year Elections

Elections held during a nonpresidential election year.

Length of House member's term

House - 2 years.

Length of Senator's term

Senate - 6 years.

Expressed powers of Congress

To borrow money on the credit of the US, to establish post offices + post roads, to constitute tribunals inferior to the supreme court.

Power to tax

Includes income, payroll, sales tax, corporate tax.

Domestic powers of Congress

Includes copyrights and patents, postal powers, control of territories, official weights and measures, naturalization of citizens, creation of federal courts below the Supreme Court.

Prohibited powers of Congress

Cannot tax exports, cannot favor one state over another, cannot force a vessel bound for one state to pay duties to another, cannot interfere with the slave trade until 1808, cannot tax churches, cannot tax voting, cannot tax for private benefit.

Necessary and Proper Clause

Clause that gives Congress implied powers.

Impeachment process

House only has the power to impeach, requires a majority vote; Senate only has the power to convict, requires a ⅔ vote.

Presidents impeached

3 Presidents have been impeached and none convicted: Andrew Johnson, Bill Clinton, and Donald Trump.

Role of party leaders

Try and carry out the goals of the party and steer the actions of the House floor.

Role of party whips

Help keep the members of the party in line with the Floor Leaders and ensure attendance for votes.

Importance of the Speaker of the House

Presides and keeps order in the House and assigns members to all committees.

Presidential veto

Prevents the bill from becoming law and sends it back to Congress.

Override presidential veto

Congress can override veto with a ⅔ vote in both houses.

Terms a president can serve

2 terms; FDR served 4 terms.

Formal qualifications of the president

Must be 35 years old, a natural born citizen of the US, and a resident of the US for 14 years.

Electoral college votes needed to win presidency

270 electoral college votes.

President's power to appoint

The President has the power to appoint government officials.

Senate Power

The Senate has the power to approve appointments.

Roles of the President (Expressed)

Chief Executive, Chief Diplomat, Chief Legislator, Commander in Chief.

Roles of the President (Implied)

Chief of State, Chief Economist, Chief of Party, Chief Citizen.

Clemency Power Types

Four types of the Clemency power: Reprieve, Pardon, Commutation, Amnesty.

Reprieve

Postponement of execution of a sentence.

Pardon

Legal forgiveness.

Commutation

Reduce fine or sentence.

Amnesty

Blanket pardon for a group.

Cabinet Purpose (Individually)

Each member heads their executive department.

Cabinet Purpose (Together)

To advise the president.

Judicial Review

The courts have the right to decide if the government action was constitutional.

Supreme Court Authority

The Supreme Court is the final authority on whether or not an action/law/decision was constitutional.

Constitutional Courts

A high court that deals primarily with constitutional law.

Special Courts

Help exercise the powers as spelled out in the Constitution, have narrowly defined jurisdiction.

District Courts Jurisdiction

District courts have original jurisdiction.

Court of Appeals Jurisdiction

Court of Appeals have appellate jurisdiction.

Supreme Court Original Jurisdiction

The Supreme Court has original jurisdiction in cases that involve a state or involve ambassadors or other public ministers.

Number of Supreme Court Justices

9 Justices and they serve for life.

Majority of Cases Heard

The majority of cases are heard in District courts.

U.S. Court System Structure

Federal district courts see about 80% of all federal cases every year, with 94 Federal District courts.

Court of Appeals Creation

Created in 1891 by Congress to help the Supreme Court with their case overload.

Current Chief Justice

John Roberts.

Types of Court Opinions

Unanimous Opinions, Majority Opinion, Minority Opinion, Dissenting Opinion, Concurring Opinion.

Precedent

Court opinions.

Main U.S. Political Parties

Republican and Democrat Parties.

Political Parties Goal

Republicans favor a government that does LESS for LOWER TAXES; Democrats favor a government that does MORE for HIGHER TAXES.

George Washington's Warning

George Washington warned that political parties would create divisions in the government and split the American people.

Impact of Third Parties

Their biggest impact is they pull votes from other candidates or show the popularity of a particular interest.

Regional Distribution of Parties

Republicans are spread all around the country; Democrats are primarily on the West side of the US and in the Northeast.