Popular vote
Total number of votes for the country, does not count
Electoral vote
Vote that does count
The number of electoral votes each state has depends on _________
population
Winner takes all
Electoral system in which the candidate receiving the most votes wins all the votes
270
number of electoral votes needed to win the presidency is ______
indirect
The electoral college is an ______ system
Swing State
a state that does not consistently vote either Democratic or Republican in presidential elections
Executive branch
enforces the laws (President, Vice President, Cabinet)
Minimum age of president
35 years old
Major criticism of the electoral college
if you win the popular vote, you can still lose the election, as a result people may belive their votes do not count
Difference between voting for senate/house or reps rather than the president
Voting for the president is indirect and voting for the senate or house of reps is direct
What is law
the RULES and REGULATIONS made and enforced by the GOVERNMENT that regulate the conduct of PEOPLE within a SOCIETY
Laws reflect society's ____, _____, and _____ values
Moral, political and economic
If there is no order there will be ______
Chaos
Laws protect our rights such as
Rights to debate issues freely, to travel, to live in any state, practice the religion of your choice
For a law to be fully effective it must:
Be fair and enforceable and citizens must be able to know and understand it
We expect our legal system to
Protect our freedoms
promote fairness
help people avoid and resolve conflicts
help communities achieve certain goals -promote order and stability
represent the will of the majority -protect the rights of the minority
The constitution
-framework for government -highest authority -power of the branches comes from the constitution -basic law of the land
Preamble
Introduction to the Constitution stating it's goals
Article 1 of the Constitution
LEGISLATIVE Branch (how Congress works)
congress has TWO houses meaning it is BICAMERAL -these two houses are the SENATE and HOUSE OF REPRESENTATIVES
senate has TWO senators for each state with a SIX year term -the house of reps is based on POPULATION and they serve a TWO year term -there are currently FOUR HUNDRED THIRTY FIVE reps
the senate has a longer term to promote STABILITY while the house of reps has a smaller term to GIVE NEW IDEAS AND CHANGE WITH THE COMMUNITY
article 2 outlines the _________ branch
EXECUTIVE (role of the president)
includes the PRESIDENT, VICE PRESIDENT, and CABINETS -the cabinets are ADVISORS and SECRETARIES
examples are : Secretary of State, secretary of treasury, attorney general (justice), homeland security
The presidents term is
4 years, can only do 8 years in total or 2 terms
Electoral college votes are calculated by
adding the number of senators plus the number of reps for that state, 270 electoral votes are needed to win an election
Article 3 of the Constitution
JUDICIAL branch
SUPREME COURT is the highest court
(article outlines how the courts work)
branch INTERPRETS the law
PRESIDENT appoints the JUSTICES
Justice's term
for life or until they die or retire, this is for SECURITY purposes and there are NINE justices on the court
Impeachment
Accusing someone of wrong doing
Ratify
to approve
1st amendment
Freedom of Religion, Speech, Press, Assembly, and Petition (they have limitations)
Establishment Clause
government can not establish an official religion
Establishment clause cans
teach about religions in schools -allow voluntary prayer -transport students to a religion school
read the Bible for literacy context
establishment clause cants
-set a state religion -order prayer -teach one religion in school -teach creationism
Free exercise clause
citizens can practice any religion freely but with limits
Free exercise cans
-choose any religion -lead a prayer in most instances -ask questions about religion
Free exercise cants
-break the law and use religion as an excuse
raise children without education -deprive children from basic needs
hate crimes
attacks based on a person's race, religion, or other characteristics
free speech allows people to
-say political beliefs -protest without it being chaotic
say things that are true about someone -burn the flag -say racist/hate slogans -say something you disagree with
free speech tests
-balancing test(weigh the danger of two things) -clear and present danger
incitement test (provoking)
freedom of the press
media
freedom of the press cans
-Print any political position -Make fun of people, especially politicians -Expose wrongs by the government -Say things you might not agree with
freedom of the press cants
libel, intentionally injuring someones reputation with false facts
disclosing classified government information
detail how to make a weapon
Libel vs. Slander
Libel is written defamationand slander is spoken defamation
libel falls under freedom of press while slander falls under speech
freedom of assembly
the right of the people to gather peacefully
protest -concerts -parade with a permit -parade chanting hate slogans -charity
freedom of assembly cants
-protest violently by throwing rocks or breaking things
loiter (hang out on private property without permission)
petition the government
-You may sue the government for wrongs -You cannot be punished for exposing wrongs by the government -The courts decide the wrongs
2nd Amendment
Right to keep and bear arms
Third amendment
No quartering of soldiers, government can not force you to shelter soldiers without your consent in time of war or peace
Fourth Amendment
search and seizure
government needs a PROBABLE CAUSE and a WARRANT given by a JUDGE
only a POLICE OFFICER or DISTRICT ATTORNEY can ask for a warrant
you can be searched in public places such as a train or airport
Fifth Amendment
Rights of the accused persons
indicted (to officially charge with a crime)
Miranda rights - warning for criminal procedure "you have the right to remain silent... "
double jeopardy- you cannot be tried for the same crime twice
I plead the fifth- right to not self incriminate
due process of law means the process an accused person goes through
Sixth amendment
Jury trial in criminal cases
right to speedy trail before an impartial jury (not biased)
trial must be held where the crime took place
accused must be told what the charge is
right to be represented by a lawyer
Seventh amendment
Rules of common law
lawsuits based on common law
common law- legal principles based on past court cases rather than laws passed by legislature (congress) -ex Brown v Board of Ed overturned Plessy v Ferguson
Eight amendment
Protection against cruel and unusual punishment
fines and bail money should be reasonable -bail- money to stay out of jail while case is ongoing
Ninth amendment
Other rights of the people
if something isn't prohibited, we can do it
rights that are not listed in the constitution but still count
Tenth Amendment
Powers kept by the states or the people -powers reserved for the states to decide -ex abortion limitations, gay marriage, age for drinking, age for driving which may vary from state to state
Article 4 (IV)
deals with criminal extradition (if someone commits a crime and flees out of state/country the US can try to bring them back
formation of new states
congress' power to government in territorial lands not yet states
Article 5 (V)
-Amending the Constitution amending means changing
2/3 votes needed from congress
submitted to states for ratification (3/4 of states must approve)
Article 6 (VI)
Constitution as supreme law
the constitution declared itself the supreme law of the land
Article 7 (VII)
Ratification and approving the constitution
Amendments
Changes to the Constitution
Constitution was made to
-Improve how all the stages work together to make one -Bring justice -keep peace defend the nation from foreign enemies -make the people's lives better -make sure that the people remain free
Checks and Balances
A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power -ex congress impeaching the president or the judicial branch overturning laws
Judicial review
The power of the courts to declare laws unconstitutional