fed govt 1

The Declaration of Independence

The Declaration of Independence

• July 4, 1776

• Thomas Jefferson, John Adams, Benjamin Franklin

• Separation of 13 colonies from Great Britain

• Founding document of USA

Rights in the Declaration of Independence

• Life, Liberty, Pursuit of Happiness

• Government was to protect the rights of the citizens.

1st Issue and Solution in the Constitutional Convention

• States representation

  ~ The House of Representatives and The Senates

The Great Compromise

• July 16, 1787

• Bicameral

• Established The House of Representatives & The Senate

The House of Representatives

Based of population

The Senates

2 Senators per state elected by state legislator.

2nd Issue and Solution in the Constitutional Convention

• Slaves being counted

  ~ 3/5 Compromise

3rd Issue and Solution in the Constitutional Convention

• Chief of executive being selected

  ~ Electoral College

Virginia plan

• constitutional convention may 29, 1787

• Proposed legislative, executive and judicial

• Divide legislature into the senate and House of Representatives

• Based on population

Articles of confederation

• November 15, 1777

• Government subordinate to the states

• “Sovereignty, freedom, and independence”

• National government had no judiciary or independent executive

• Congress can’t levy taxes- ask for money

• Must have power to carry responsibility

• Edited by Virginia plan

New Jersey plan

• constitutional convention June 15, 1787

• Called for a stronger national government

• Unicameral legislature with equal representation

• More power to states not government

• William Patterson

13th amendment

• passed January 31, 1865

• Ratified December 6, 1865

• Abolished slavery

14th amendment

• Ratified July 9, 1868

• State shall not deprive any person of life, liberty, or property. nor deny to any person within its jurisdiction the equal protection of the laws.

• Apportionment

• Civil war debt

16th amendment

• Ratified February 3, 1913

• Congress shall have power to lay and collect taxes

17th amendment

• Ratified April 8, 1913

• Allowing the people select senators

Writers on the federalist papers

Hamilton, Madison, John j

1st amendment

• Freedom of speech/ expression

• Freedom of press

• Freedom of religion

• Freedom of assembly

2nd amendment

right of the people to keep and bear Arms

Federalist

• supports of the constitution

• Favored a strong national government

Anti federalist

• Opposed ratification of the constitution

• Feared a strong government

• Believed power would be abused

Article I

• All legislative Powers herein granted shall be vested in a Congress of the United States

• prohibits the states from making treaties with other nations

• grants to Congress 17 enumerated

Article II

• Executive Branch

• Establishing office for President and Vice President

Article III

The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.

Article IV

Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State.

Article V

“No state, without its consent, shall be deprived of its equal suffrage in the Senate.”

Article VI

makes national law supreme over state law when the national government is acting within its constitutional limits.

Article VII

States the number of states needed to ratify the Constitution, as well as lists the names of the Constitution's signers.

Judicial Review

The power of courts to decide whether a governmental institution has acted within its constitutional powers and, if not, to declare its action null and void.

Purpose of Checks and Balances

• divides authority into: Legislative, executive, and judicial powers

no one person/ group would seize power and control over the American government.

Legislative Branch

• House and Senate

• The Congress

• Makes laws, declares war, controls taxing and spending

• can check the executive branch by passing laws over the veto by a 2/3 votes in each house.

Judicial Branch

• deciding the meaning of laws, how to apply laws to real situations, whether a law breaks the rules of the Constitution.

• can check both the the legislative and executive branch by declaring laws unconstitutional.

Executive Branch

• Includes the president

• carries out and enforces laws

• can check the legislative branch by vetoing laws.

Unitary System

• A governmental system in which the national government alone has ultimate authority.

• sovereignty is vested solely in the national government

• no constitutional need for a second legislative chamber based on geographic states

Confederal System

a system of government in which sovereign states delegate power to a central government for specific purposes.

Federal System

• 1787

• states and nation, separate yet indivisible.

• the division of sovereignty between a national government (national) and state (local) governments.

• divides the responsibilities of government between the nation and the states

• no constitutional need for a second legislative chamber based on geographic subdivisions states

Implied Powers

powers that are not listed in the Constitution but that are related to the exercise of listed powers. (Suggest)

Inherent Powers

powers of a state or branch of government that are not expressly written in a Constitution. (Natural)

Reserved Powers

Powers reserved and granted to the STATES under the tenth amendment to the Constitution.

Concurrent Powers

Powers that the national government and the states both have.

• lend and borrow money

• Taxation

• Law enforcement

• Chapter banks

• Transportation

Extradition

The transfer of someone accused of a crime from one country or state to another for prosecution or punishment.

Northwest Ordinance of 1787

laid down the rules by which territories would be settled and the producers by which territories could become states

Delegated powers

Powers given to the federal government

Exclusive powers

Powers executive to federal government

These powers were intended to establish a government strong enough to forge a union that was secure in its defense and stable in its economy.

• taxation

• regulation of commerce

• the authority to provide for the national defense.

Enumerated (expressed) powers

Selective Incorporation

The process by which rights contained in the Bill of Rights become applicable through the Fourteenth Amendment to actions by the state governments. (for example, freedom of speech)

Purpose of Selective Incorporation

Protecting American citizens from state laws that could infringe on their rights; as defined in the Bill of Rights

1937 case of Palko v. Connecticut

determined which parts of the Bill of Rights would protect individuals against states as well as the national government.

Rights applied to states through selective incorporation.

• first amendment

• Second Amendment

• Fourth amendment

• Fifth amendment

• Sixth amendment

• Eighth amendment

Total Incorporation

A doctrine that Supreme Court has never adopted

applies the Bill of Rights to the state level.

Due Process

14th amendment clause stating that no state may deprive a person of life, liberty, or property without due process of law

McDonald v. Chicago

through selective incorporation, applied the same standard to state and local governments in striking down a Chicago ordinance that banned handgun possession.

Establishment Clause

First amendment provision:

• government may not favor one religion over another

• prohibits the reciting of prayers in public schools.

• prohibiting Congress from passing laws respecting the establishment of religion.

Free Exercise Clause

First Amendment Provision

• Free to hold religious beliefs; NOT free to ACT on beliefs

• prohibits the government from interfering with the practice of religion.

Lemon Test

• 3 part test

• determines whether a law relating to religion is valid under the establishment clause

4th amendment

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, but upon probable cause,

5th amendment

No person shall be held to answer for a capital or infamous crime unless on a presentment or indictment of a Grand Jury, except in cases of War or public danger.

6th amendment

The accused has the right to a speedy and public trial, an impartial jury, and the Assistance of Counsel for their defence.

Libel

The publication of false material that damages a person’s reputation.

8th Amendment

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Exclusionary Rule

• 1960

• illegally obtained evidence was almost never admissible in court.

• prohibited from using evidence in trials obtained by unconstitutional means

  • (for example, illegal search and seizure).

Good Faith Exception

Only exception in the Exclusionary Rule

• inadmissible evidence can be used in trial if police honestly believed they were following proper procedures, as when they obtain a search warrant that later turns out to have been faulty.

Prior Restraints

a form of censorship that restricts freedom of the press.

• covered in first amendment

The groups and interests that support a party are collectively referred

Party Coalitions

Libel

The publication of false material that damages a person’s reputation.

• Written

Slander

Spoken falsehoods that damage a person’s reputation.

• Spoken

Right to Privacy Case

Griswold v. Connecticut

Right to Privacy

• a woman’s right to choose an abortion

• consensual relations among same-sex adults.

Basis for Roe v. Wade

The Right of Privacy

Civil Rights

The right of every person to equal protection under the laws and equal access to society’s opportunities and public facilities.

Dred Scott v. Sandford

Blacks held to be not citizens of the U.S. Slaves' status as \n property of owners is confirmed; slaves must be returned to their owners. Missouri \n Compromise ruled unconstitutional. Placed country on a seemingly inevitable path to Civil \n War.

Poll Tax

Many southern states passed poll taxes, requiring voters to pay a fee to vote. Poor freedmen could rarely afford to vote.

Literacy Test

States passed literacy tests that required voters to read and explain part of the Constitution. Since most freedmen had little education, such tests kept them from voting.

Grandfather Clause

if a voter's father or grandfather could vote on January 1, 1867, then the voter did not have to take a literacy test. (No African Americans could vote before 1868.)