GOVT CHAP 2: THE US GOT NEW PRESCRIPTION GLASSES

• republic: govts ruled by reps of the people

• articles of confederation:

  • issues

    • 1: citizens did not always trust the motives of the govts of the other states

    • 2: they did not trust a govt that would rule them from afar, like GB

    • growing pop

  • solution:

    • “league of friendship”- protection against the possibility of any other state claiming disputed territory on its own w/o the approval of the confederal govt

    • smaller states demanded (and received) equal rep in the new govt

      • each had 1 vote in confed congress, congress had only one chamber

      • states selected reps to the legislature, tho each state received only one vote

  • the national govt was kept intentionally weak (scared bc of the brits)

    • confed govt wouldnt force states to carry out its policies

    • the pwe to raise an army and navy were among the few pwrs of the national govt, but confed congress didnt have monay to pay for the military

    • lacked taxation pwr

      • usually had to ask states for money (which they mostly denied) making it harder to pay the country’s debts

      • national govt printed out worthless money in an attempt to cover debts

    • states controlled trade

      • congress had no pwr to regulate interstate commerce, and states placed trade restrictions over another which mad it hard to keep a national economy

    • article XIII required the approval of all 13 states to amend the articles

    • no separate executive branch

    • annapolis convention: major talk to soothe trade and navigation disputes among states

      • failed, lack of state participation

    • shays rebellion:

      • uprising against the govt of massachusetts

      • lack of gold/silver backed currency +crushing debts

      • focused on closing courts, stalling foreclosure process until the debt crisis was solved

      • riot act: let police kill rioters scot free

    • nothing was keeping this together

CONSTITUTIONAL CONVENTION

• biggest issues:

  • rep of states in national govt

  • pwrs of the national govt

  • slaves (mostly in relation to rep of states in govt)

• individual rights:

  • writ of habeas corpus: allows ppl detained by the govt to know why they are being held (besides in times of rebellion/invasion)

  • bills of attainder: when legislature declares someone guilty w/o trial

  • ex post facto laws: punishing ppl for acts that were not crimes at the time they were committed

• virginia plan:

  • created 3 branch govt w bicameral national legislature

  • members of the lower house are elected directly by the ppl

  • upper house is full of reps nominated by state legislatures and chosen by members of the lower house

  • more pop=more rep

  • apportionment:

    • Lower House:

      • Number of seats apportioned by state population.

      • Members directly elected by citizens.

    • Upper House:

      • Number of seats apportioned by state population.

      • Members elected by lower house (from list supplied by state legislature)

  • powers:

    • Legislature has strong powers, including the ability to veto state laws.

• new jersey plan:

  • unicameral legislation, each state delegation

  • new pwrs over taxes and the economy, but still depend on states for some revenue

  • apportionment:

    • Legislature:

      • Equal representation for states regardless of state population.

      • Members appointed by the states.

  • powers:

    • Legislature has similar power as under the Articles of Confederation but can also levy taxes and regulate commerce

• connecticut compromise:

  • legislature would be bicameral

  • house of reps would be chosen by pop

  • 2 senators would be chosen from each state by state legislators

  • apportionment:

    • House of Representatives:

      • States represented according to population.

      • Members directly elected by citizens.

    • Senate:

      • States represented equally (two senators per state).

      • Members appointed by state legislatures

  • powers:

    • Legislature has broad powers over commerce and the ability to make laws as necessary.

    • House of Representatives has the “power of the purse” to levy taxes

• three-fifths compromise:

  • slaves would count as 3/5ths of a person in terms of representation of the state

  • could not vote

  • boosted influence of slave states

    • alloted more members of congress and electoral college

  • why do this?

    • slave owners threatened to leave the convention unless slavery was protected

    • this was a temp handling of the situation

• madison and his take on slavery:

  • he thought it was a contridition of the values of the constitution

  • to change this he proposed a plan:

    • gradual emancipation

    • could return them to africa or settle them into western territories

    • equitable and satifactory to all parties:

      • consent of both master and slave should be obtained

      • master would be compensated for his loss

      • slave should be happier being free

      • freed slaves must be permanently removed beyond occupied regions or be alloted to a white population (to boost rep)

  • never freed his slaves, even when he died. (b*tch)

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  BRANCHES OF GOVT

• one of the most important power of congress is to impeach a president

• EXECUTIVE BRANCH:

  • lawmaking authority:

    • Executes laws.

    • Works to shape legislative agenda.

    • Has power to veto legislation.

    • Nominates judges to the federal judiciary.

    • Nominates key executive branch officials.

    • Gives State of the Union Address.

  • national security and foreign policy responsibilities:

    • President acts as commander in chief of the military.

    • Sets foreign policy agenda.

    • Negotiates treaties

  • oversight responsibilities:

    • Oversees federal bureaucracy.

  • PRESIDENT:

    • there to “execute” laws passed by congress

    • some pwr over congress

      • ability to veto legislation that has passed congress

      • congress can ovveride the veto w 2/3 vote in each of the 2 houses

    • commander in chief of the army and navy

    • oversees ppl working in the exec branch

    • pwr to make foreign policy (tho shared w the senate)

    • citizens dont vote directly for pres

      • thru electoral college, where 2 electors are given per state (bc each state has 2 senators) + 1 elector per member of house of rep

    • nominates justices

• LEGISLATIVE BRANCH:

  • lawmaking authority:

    • Writes nation’s laws.

    • Can override a presidential veto.

    • Determines number of Supreme Court justices.

    • Creates lower courts.

  • national security and foreign policy responsibilities:

    • Declares war.

    • Senate ratifies treaties.

  • oversight responsibilities:

    • House issues articles of impeachment; Senate holds impeachment trials (over president, executive branch officials, and federal judges).

    • Budget authority and oversight over executive branch agencies.

    • Senate confirms judicial nominees.

    • Senate confirms key executive branch officials.

  • members of the house of reps are elected every 2 yrs, directly by the people

  • senators terms are staggered in 2 yr shifts so that only 1/3 of the senators are up for reelection in any given election year

    • makes it difficult for any swift change in mood amongst citizens to have any effect on national policy

  • CONGRESS:

    • congress has the pwr to borrow money, collect taxes, and regulate commerce w foreign nationtions and among the states

      • ppl still debate over this clause

    • has the power to declare (and raise money for) war

    • congress has the authority to

      • create lower fed courts

      • determines the num of supreme court justices

    • senate has the pwr to confirm justices by majority vote

• JUDICIARY BRANCH:

  • lawmaking authority:

    • Interprets contested laws.

    • Can declare both federal and state laws unconstitutional.

  • national security and foreign policy responsibilities:

    • n/a

  • oversight responsibilities:

    • May declare executive branch actions in conflict with the Constitution

  • SUPREME COURT:

    • highest power of courts

    • followed by a system of lower fed courts

      • structure and comp would be determined by congress

      • have authority to hear and decide all disputes between

        • states and national govt

        • state(s) vs state(s)

        • citizens of diff states

      • supremacy clause (national treaties and laws shall be the supreme law of the land) allows for fed courts to be above state courts and laws

    • judicial review established in the case of MARBURY v MADISON (1803)

    • congress has the authority to

      • create lower fed courts

      • determines the num of supreme court justices

    • senate has the pwr to confirm justices by majority vote

    • pres nominates justices

• CONSTITUTION AMENDMENT PROCESS

  • two stage, two possible routes for each

    • 1) amendment has to be officially proposed:

      • a) passage by a 2/3 vote in both house and senate

      • or b) passage in a national convention called at the request of 2/3 of the states

    • 2) amendment must be ratified:

      • a) majority vote in ¾ of the state legislatures

      • or b) acceptance by ratifying conventions in ¾ of the states (only been used once)

  • only 27 amendments so far

    • 10 of them are the bill of rights

    • 2 cancel each other out (prohibition and the repeal of that amendment)