Both the government and those who govern are bound by the law.
No one is above the law.
Federalism:
Powers of government are divided between the state and national levels.
Checks & Balances:
Each branch of government can limit the power of the other branches.
Prevents any one branch from becoming too powerful.
Separation of Powers:
Government powers are divided into different branches.
Each branch has its specific job.
Citizenship
14th Amendment:
Defines citizenship: "All persons born or naturalized in the U.S., and subject to the jurisdiction thereof, are citizens of the U.S. and the state wherein they reside."
Immigration and naturalization have increased diversity.
How to Become a Citizen:
Birth:
Law of Blood: Citizenship based on parents' citizenship.
Law of Soil: Citizenship based on place of birth.
Naturalization:
Must demonstrate knowledge of American history and government.
Must speak and write English.
Duties/Obligations of Citizens
Citizens face legal consequences if they don't fulfill these:
Obey Laws
Pay Taxes
Register for selective service (male)
Serve on a jury
Serve in the armed forces if called
Responsibilities of Citizens
Responsibilities are voluntary:
Register and vote
Hold elective office
Participate in political campaigns
Serve in voluntary, appointed positions
Influence government by communicating with officials
Keep informed regarding current issues
Respect others' rights to equal voice in government
Ways to Participate in Community Service
Volunteer to support democratic institutions (e.g., League of Women Voters).
Express concern about the welfare of the community as a whole (e.g., environment, public health and safety, and education).
Help make the community a good place to work and live (becoming involved with public service organizations, tutoring, volunteering in nursing homes).
Bill of Rights & Other Amendments
1st Amendment:
Freedom of Religion, Assembly, Press, Petition, Speech
2nd Amendment:
Right to bear Arms
3rd Amendment:
No quartering of troops
4th Amendment:
No illegal searches and seizures
5th Amendment:
Rights of the Accused
Grand Jury
No "Double Jeopardy"
Freedom from self-incrimination
"Due Process"
Eminent Domain
6th Amendment:
More rights of Accused
Know charges
Know witnesses
Speedy public trial with impartial jury
Right to legal counsel (lawyer)
7th Amendment:
Right to jury trial in civil cases
8th Amendment:
No cruel or unusual punishment
Freedom from excessive fines/bail
9th Amendment:
People have rights even if not mentioned in Constitution
10th Amendment:
Powers not given to federal government are reserved for states
13th Amendment:
Abolishes slavery
14th Amendment:
Makes former slaves citizens
15th Amendment:
Right to vote regardless of race
19th Amendment:
Women's right to vote (suffrage)
22nd Amendment:
Two-term limit for President
23rd Amendment:
D.C. votes in general election
24th Amendment:
Abolishes poll taxes
26th Amendment:
Voting age from 21 to 18
18th Amendment:
Alcohol Illegal
21st Amendment:
Repeals 18th Amendment
Documents that Influenced the Development of America
Magna Carta:
Influence: Limited government, rule of law, due process.
Limits the king's power; gives property rights; laws are to be fair and equal.
English Bill of Rights:
Influence: Limited government (monarchy), rule of law.
Gave more power to parliament.
Monarchy not allowed to:
Collect taxes without consent of Parliament
Interfere with the right to free speech and debate in Parliament
Require excessive bail or punishment for those accused or convicted of crimes.
Mayflower Compact:
Influence: Self-government.
Created government; new government will include everyone and serve the common good.
Common Sense:
Influence: Self-government, purpose of government.
Explained arguments for independence from England.
Declaration of Independence:
Stated grievances against the king of England.
Declared colonies' independence from England.
Stated "certain unalienable rights" (life, liberty, and the pursuit of happiness).
Locke- Life, Liberty, Property, example of natural rights.
Stated whenever a government becomes destructive people have the right to abolish and start a new government (broken social contract according to Locke).
Established idea that all people are = under the law.
Articles of Confederation:
Established first form of national government for U.S.
Maintained that major powers were with the independent states.
Weakness of central government (e.g., no power to tax and enforce laws) led to writing of the Constitution of the U.S.A.
Landmark Supreme Court Cases
Marbury v. Madison:
Establishes judicial review
Plessy v. Ferguson:
Segregation okay as long as "separate, but equal"
Brown v. Board of Ed:
"Separate, but equal" no longer okay (segregation done)
Gideon v. Wainwright:
Right to a lawyer in all trials
Miranda v. Arizona:
Warning of 5th amendment right to remain silent before questioning
In re Gault:
Juveniles have right to due process too
Tinker v. Des Moines:
Students have right to free speech
U.S. v. Nixon:
Presidents aren't above the law
Hazelwood v. Kuhlmeier:
Schools allowed to censor student newspapers if they sponsor them
Bush v. Gore:
Bush wins election/recount violates 14th
D.C. v. Heller:
States can't ban gun ownership
Rights of Citizens
First Amendment Freedoms (R.A.P.P.S.):
Religion: Government may not establish an official religion, nor endorse, or interfere with the free exercise of religion
Assembly: Individuals may peacefully gather.
Press: The press has the right to gather & publish info, including that which criticizes the government.
Petition: Individuals have the right to make their views known to public officials.
Speech: Individuals are free to express their opinions & beliefs without fear of government retaliation.
Due Process of Law
Constitutional protection against unfair government actions
Due process protections:
5th Amendment: Prohibits national government from acting in an unfair manner.
14th Amendment: Prohibits state/local governments from acting in an unfair manner. Extends due process protections to actions of states.
The Supreme Court has extended the due process clauses to protect the guarantees of the Bill of Rights.
Constitution of the United States, including the Bill of Rights
Preamble:
Purposes of U.S. Government: form a more perfect union, establish justice, ensure domestic peace, provide defense, promote health & safety, secure freedom for the future.
Establishes structure of the U.S. Government
Article I - Legislative
Article II - Executive
Article III - Judicial
Guarantees equality under the law with majority rule and the rights of the minority protected
States individual worth and dignity of all people
Protects the fundamental freedoms of religion, speech, press, assembly, and petition. Also due process rights, and rights of the accused.
Article V - Amend Constitution
2/3 of Congress must vote for the amendment.
Then 3/4 of all state legislatures must vote to ratify.
The Constitution is able to change with the time, but only if widely agreed upon.
Federal Form of Government
The Constitution of the United States of America establishes a federal form of government in which the national government is supreme (Supremacy Clause).
Federalism:
National: Powers of national government are either enumerated/delegated or implied
Conducts foreign policy/declare war
Regulate trade between states
Print money, naturalization laws
State: The powers not given to the national government by the Constitution are reserved for the states.
Elections, marriage, education
Concurrent Powers: Constitution allows national & state government to share some powers.
Local Government: Powers of local government in FL are derived from the state.
Structure of Government
Different levels of government
Local Government
Legislative: Makes ordinances for community, approves annual budget; limits power to that delegated by state
Executive: Elected or appointed by the Board of Supervisors or City Council; city or county managers hired by the local legislators
Judicial: County courts- Hear minor cases under the authority provided by state legislation
Florida Government
Legislative: Makes laws for FL; approves budget; exercises power under 10th Amendment
Executive: Executes laws of FL; appoints cabinet officers and boards; administers state bureaucracy; grants pardons
Judicial:Supreme Court-Has power of judicial review over state laws. Circuit Courts-Try state civil and criminal cases. District Appeals Court- Hear state cases that are appealed.
National Government
Legislative: Makes laws for nation; approves annual budget; approves presidential appointments/treaties; impeaches officials
Executive: Executes Constitution; prepares annual budget for Congressional action; appoints cabinet, ambassadors, federal judges; administers federal bureaucracy
Judicial: Supreme Court- Has power of judicial review over federal/state laws. Federal Courts- Try cases involving federal law and U.S. Constitution questions.
Bicameral Legislature
Bicameral means "two houses"
Florida Legislature (FL Senate & FL House of Representatives)
United States Congress (Senate [2] & House of Rep [based on population])
Legislative Powers
Enumerated/delegated (specifically listed in Constitution.)
Implied (not listed-carry out enumerated powers)
How a Bill Becomes a Law (state and national)
Assigned to committee (debate & vote)
Debate/vote on floor of both houses
Conference committee merges bill
Both houses vote on merged bill
Sign bill into law by the Pres. or Gov.
Executive Branch
Powers of the President are defined in the Constitution of the U.S. and the Governor in the Constitution of FL.
Executive branch "carries out the law"
Ways the executive influences policymaking
Appointing officials
Appealing directly to people
Approving or vetoing legislation
Proposing legislation in an annual speech to the legislature (State of the State or State of the Union Address)
Cabinet departments, agencies, and regulatory commissions: interpret and help with carrying out laws.
Separation of Powers
Idea of Montesquieu (enlightenment thinker)
Legislative - makes laws
Executive - enforces/carries out laws
Judicial - interprets laws
Checks & Balances
Legislative powers over:
The executive branch
Overrides vetoes 2/3 vote both houses
Impeaches president
Senate approves treaties 2/3 vote
Senate approves presidential appointments
The judicial branch
Senate approves federal judges
Impeaches federal judges
Executive powers over:
The legislative branch
Vetoes acts of Congress
Calls Congress into special sessions
The judicial branch
Appoints federal judges
Judicial powers over:
The legislative branch
Declares laws unconstitutional
The executive branch
Declares presidential acts unconstitutional
Judicial Review
Supreme courts of U.S. and FL determine constitutionality of laws and acts of executive branch of government.
Marbury v. Madison 1803 established the idea of judicial review at the national level
Constitution of U.S. is supreme law of land
State laws must conform to FL and U.S. constitutions.
Qualifications for Office/Terms
President
Natural Born Citizen
35 years old
Resident of U.S. 14 years
Term - 4 years (maximum of 2)
U.S. Senator (Congress)
30 years old
Citizen of the U.S. for 9 years
Resident of the state you represent
Term - 6 years (no limits on times elected)
U.S. Representative (Congress)
25 years old
Citizen of the U.S. for 7 years
Resident of the state/district you represent
Term - 2 years (no limits on times elected)
Federal Judge
No formal qualifications (usually lawyers)
Term - For life (until resign, death, impeached)
FL Governor
30 years old
Resident of FL 7 yrs
Term - 4 years (max of 2)
FL State Legislator
21 years old
Resident of FL 2 years
Resident of the district they will represent
FL Senators: Term - 4 years (maximum of 2)
FL Representatives: Term - 2 years (maximum of 4)
Voter Registration and Participation
Only citizens who register can participate in primary and general elections.
Qualifications to register to vote in FL
Citizen of the U.S.
Resident of FL & precinct
18 years old by day of general election
How to register in FL
In person at the Department of Motor Vehicles (DMV), other designated sites, or by mail application.
Factors in predicting which citizens will vote:
Education/Age/Income
Participation in Political Process Amendments
13th (abolished slavery)
14th (citizenship to former slaves/equal protection)
15th (African-American suffrage)
19th (Women's suffrage)
23rd (D.C. vote)
24th (abolishes poll taxes)
26th (voting age 18)
Law that helped participation: Voting Rights Act 1965 (enforces no poll taxes)
Functions of Political Parties
Recruiting and nominating candidates
Educating the electorate about campaign issues
Helping candidates with elections
Monitoring the actions of office holders
Party Systems
One-Party: A single political party controls the government. Law forbids other political parties. Ex. dictatorships
Two-Party: Two main political parties
Multiparty: More than two strong political parties. Ex. some European countries
Pathway to Presidency
Meet qualifications
Natural Born Citizen
35 years old
Resident of U.S. 14 years
Primaries and Caucuses
First round elections that help choose a party's candidate
Presidential National Conventions
Conventions where delegates formally select the party's nominee
General Election
Main election where anyone who meets the voting requirements of their state may vote (popular vote).
Electoral College
Group representing the states & D.C. meet to formally select the President guided by the popular vote. Known as the electoral vote.
Inauguration Day
The newly elected president is sworn in & takes oath of office (January 20)
Electoral College Process
A slate of electors for each state chosen by popular vote; electors must meet to vote for President and Vice President; winner-take-all system leads to targeting of large states for campaigning, although candidates must pay attention to small states whose electoral votes may make the difference in tight elections.
Number of electors per state is based on state's Congressional representation (senators+representatives)
Requirements for majority vote to win in Electoral College favors a two-party system (270 out of a total of 538)
Specific Third Parties
Constitution: Interpret the founding fathers original intent in the Constitution. Morals from Bible
Libertarian: Emphasize individual liberties with no government interference
Socialist: Improve working conditions by public (government) ownership of energy, resources, transportation, and by providing free health and education. Equality for all
Communist: Public (government) ownership of all private property (not just what is in socialism) in order to help working class. Equality for all.
Ways Media Play an Important Role in Setting the Public Agenda
Focusing public attention on select issues
Offering a forum in which opposing viewpoints are communicated
Holding government officials accountable to the public
Government officials use the media to communicate with the public
Mass media roles in elections
Identifying candidates and emphasizing selected issues
Writing editorials, creating political cartoons, publishing op-ed pieces
Broadcasting different points view
Lobbying: Seeking to influence legislators to introduce or vote against a bill.
Strategies for Evaluating Campaign Speeches, Literature, and Advertisements for accuracy
Separate fact from opinion
Detecting bias (one-sided views)
Evaluate sources
Identify propaganda (carefully crafted message used to manipulate and persuade).
Rising campaign costs
Require candidates to conduct extensive fundraising activities
Limit opportunities to run for public office
Give an advantage to wealthy individuals who run for office
Encourage the development of political action committees (PACS) (collect money to fund the representation of an interest group)
Give issue oriented special interest groups increased influence
Political Parties
Groups of individuals who come together because they share similar views in order to change things in government.
Organize to win elections
Influence public policies
Reflect both liberal and conservative views
Try to appeal to political center in order to win majority support.
Third Parties
Smaller political parties in a two-party system that don't usually receive a lot of attention, but can influence national politics by talking about lesser-known issues and stealing votes from the candidates of the two main political parties. Often revolve around a political personality.
Democratic Party
Known as liberals and occupy the left side of the political spectrum
Color: Blue
Symbol: Donkey
Role of Government: Larger role in people's lives
Power of government to provide high quality public education, affordable health care, and growing economy. Concerned about the responsibility of government to help with jobs, women and families, civil rights, immigrants, protecting the environment.
Support higher taxes to pay for these programs.
Republican Party
Known as conservatives and occupy the right side of the political spectrum
Color: Red
Symbol: Elephant
Role of Government: Lesser role in people's lives
Stand for less government interference, more private enterprise (business), lower taxes, a strong foreign policy, and greater personal freedom. They believe that this approach will most promote economic growth & job creation.
United States Supreme Court
(9 justices/no jury)
Jurisdiction: Appellate & Limited Original
U.S. Circuit Courts of Appeals
(3 justice panel/no jury)
Jurisdiction: Appellate
U.S. District Court
(Judge with a jury)
Jurisdiction: Original (trial court)
Florida Court System
FL, like each of the other forty-nine states, has its own court system whose organization and jurisdiction come from FL's constitution & state laws.
FL Supreme Court
(7 justices/no jury)
Court of final appeal (Appellate jurisdiction)
Limited original jurisdiction (death penalty, regulations).
FL District Courts of Appeals
(judges/no jury)
Appellate jurisdiction
FL Circuit Courts
(judge and jury)
Original jurisdiction for felony criminal cases and for certain civil cases.
Trial courts: Felony- punishment criminal >1 yr in prison/civil $15,000
FL County Courts
(judge/no jury)
Minor offenses
Misdemeanor- punishment criminal <1 yr in prison/civil $15,000
Local Government
Meets local concerns. This is also the level that provides the most services to everyday citizens because they know the local issues the best, the Federal government doesn't.
Fire and Police Departments
Street lights, signs, road repair
Garbage, water, and sewer services
Local school district issues such as: hiring teachers, buying equipment, setting local policy
Build playgrounds, pools, community centers
Libraries, zoos, museums
Public transportation
County/city health departments for public health
County/city parks
U.S. Constitution
Ratified in 1789
Never been replaced
4,400 words
Vague
Federal Government
7 Articles
Rights in Bill of Rights
Difficult to amend
27 amendments
Lawmakers amend
2/3 congress votes to amend
3/4 states ratify
FL Constitution
Ratified 1968
6 different versions
50,000 words
Detailed
State Government
12 Articles
Rights in "Florida Declaration of Rights."
Over 100 Amendments
Easier to amend
Voters approve or reject amendments
60% must vote yes
FL legislature proposes by 3/5 vote
Citizen ballot initiative (% sign petition)
Law Types
Criminal Law:
Actions (crimes) committed against people or their property.
Punishment=fine or jail.
Civil Law:
Settles disagreements between parties in regards to contracts/wrongdoing.
The losing side pays damages to the other side.
Constitutional Law:
Based on the Constitution and the Supreme Courts interpretation of it.
Military Law:
Set of laws that govern the behavior of armed forces. Similar to civilian law.
Constitutional Convention
Shays' Rebellion: Uprising of poor farmers convinced nation to get rid of Articles of Confederation and hold a convention.
Federalists: Supported the new strong central government at the convention.
Antifederalists: Opposed new strong central government, wanted more power with states. Wouldn't ratify new constitution w/out Bill or Rights.
Federalist Papers: Essays to support ratification of new constitution.
Great Compromise: Agreement that led to our bicameral legislature. Senate-equal representation & House-based on Population.
Government Services
Things provided by the different levels of government to citizens.
Federal Government:
Meets national needs.
Justice provided by Federal courts. Protects the rights of citizens guaranteed in Constitution & Bill of Rights
National defense & foreign policy
Operate American economy
State Government:
Meets statewide needs.
Protect lives & property of citizens
Provide public services
Social stability and equal opportunity
Sets education (statewide requirements) and safety standards (speed limits & health codes)
Quartering Act: Forced housing of British soldiers.
Declaratory Act: Stated parliament could make any laws it wants for the colonies. Colonists ignore bc of the repeal of Stamp Act.
Townshend Acts: Tax on glass. Illegal search warrants allowed.
Boston Massacre: British soldiers fire on protesting colonists.
Tea Act: Allowed one company a monopoly on tea. Colonists protest tea act.
Boston Tea Party: British demand payment for damaged tea.
Intolerable Acts: Boston harbor closed until damaged tea paid for. Colonists meet at first Continental Congress to protest.
Battles of Lexington and Concord: British set out to arrest leading colonists & attack colonial Militia. Colonial defeat at Lexington & Victory at Concord. War starts.
Governmental Systems & Types
Governmental Systems
Confederal: power located in states and little power in the central government (ex. Articles of Confederation)
Federal: power is shared between the central government the states (ex. U.S.)
Unitary: power is located with the central government (ex. Japan)
Parliamentary: power lies in the legislative body and the leader is part of the legislature (ex. Canada & U.K.)
Types of Government
Anarchy: absence of any form of government
Monarchy: king or queen rules. Comes to power by being born into ruling family. Can be an autocracy.
Absolute Monarchy: ruler has all the power (ex. Saudi Arabia)
Constitutional Monarchy: ruler's power is limited by a democratic government (ex. United Kingdom)
Autocracy: ruled by a single leader & has unlimited power & denies peoples fundamental rights (ex: Hitler, Mussolini)
Dictatorship: autocracy where a military leader comes to power, often through violent means
Communism: government owns and controls everything. People share in everything. (ex. Vietnam, Cuba, former Soviet Union)
Oligarchy: rule by a few based on wealth or power (ex. South Africa during 20th century based on racism)
Democracy: political power resides with the people (voting) rule of the people
Direct Democracy: people have an individual voice in government & vote directly on everything (ex. small communities/local).
Representative Democracy: people elect representatives to vote and make laws for their interests (ex. U.S.A.)
Foreign Policy
Any government policy that concerns foreign countries and events taking place outside of the U.S.
Diplomacy: The process of conducting relations between countries. Aim is to compromise.
Treaties: an agreement between two or more countries, which is enforceable by International law
Alliances: an agreement between two or more countries to defend each other if one is attacked
International Organizations: joining one shows support for peace & cooperation among nations.
Diplomatic Negotiation: talks held between countries in order to reach an agreement. Aim is to compromise.
Military Resources
Military Force/Intervention: president can use air & naval power, & troops to intervene overseas.
Deterrence: countries know that if they attack U.S., it could retaliate w/ nuclear weapons
Coercive Diplomacy: forcing a country to do something positive by threatening them with military force
Economic Resources
Economic Sanctions: banning trade & other business with a country that is violating international rules
Economic/Foreign Aid: providing assistance to help countries with their economies. Sometimes military assistance like aircraft & weapons are provided.
Domestic Policy
Any government policy that concerns affairs/issues within the country.
Ex.: setting tax rates & safety standards in factories
International/Non-Governmental Organizations
Intergovernmental Organization
Organization composed of several nations or organizations
Ex. EU, UN
United Nations (UN): Created after WWII to promote peace and cooperation
World Health Org. (WHO): Health care workers that respond to needs worldwide, part of UN.
World Court (International Court of Justice): Court set up by the UN where nations may voluntarily submit disputes. Located in The Hague, The Netherlands.
UNICEF (United Nations International Children's Emergency Fund: Part of UN to aid health and education for mothers and children in developing countries.
World Trade Organization (WTO): Encourages trade between member nations & settles disputes when they arise
European Union (EU): Organization of Euro. countries to reduce trade barriers
NATO (North Atlantic Treaty Organization): Security group established in 1949 to block Soviet military aggression in Europe.
Non-Governmental Organization
International organization that governments can't join, but individuals and corporations can.
International Red Cross/Crescent: Organization that aids victims of natural disasters and armed conflicts.
Treaties
Agreement between two or more countries
NAFTA (North American Free Trade Agreement): economic pact that combined the economies of the United States, Canada, & Mexico into world's largest trading bloc.
U.S. Global Involvement
WWI: (1914-1918) Assassination of Archduke Ferdinand of Austria-Hungary by a Serbian group set off a chain reaction that sent most nations of Europe to war. U.S. entered in 1917 after the sinking of many U.S. civilian ships by German U-Boats (submarines) and the Zimmerman Telegram. Allies including Great Britain, France, Russia, Italy, and the U.S. defeated the Central Powers of Germany, Austria-Hungary, Turkey, and Bulgaria.
WWII: (1939-1945) War fought Between Axis powers (Germany, Italy