American Politics and US Constitution PDF

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American Politics and US Constitution8/4/20- 8/8/Unit 1- IntroductionUnit 2- The Development of Constitutional DemocracyModule 1: The Influence of Enlightenment● Enlightenment took place in Europe from 1650- Natural Rights: Which are said to be the god given rights to life, liberty, and property. ● ...

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American Politics and US Constitution 8/4/20- 8/8/20  Unit 1- Introduction Unit 2- The Development of Constitutional Democracy Module 1: The Influence of Enlightenment ● Enlightenment took place in Europe from 1650-1800 Natural Rights: Which are said to be the god given rights to life, liberty, and property. ● John Locke rejected the idea of the divine right of kings, defined what it means to be human, and specified the proper structure for civil society. ○ Locke identified two key aspects to our existence as humans. ■ 1st- Liberty- Which is a product of our independence. ■ 2nd- Property- Which we use to maintain that independence. ● State of Nature- Against Kings and when things work better when we cooperate with others. By being a part of a group, we can improve our society and comfort.   ● Montesquieu- e Spirit of the Laws (1748)- regards the structure of a political institution. ○ He argues for a separation of powers: Legislative, executive, and judicial. ■ Each will check on the power of the other, limiting the harm each might do. ● Adam Smith- Wealth of Nations (1776)- Gives a definition to our economic lives. ○ Smith played o of what Locke believed with property rights but went one step further and argued not only for a strong expression of property rights, but also for minimal government regulation of the economic marketplace. ○ Smith contend, will maximize the wealth that can be created through economic activity. ● Social Contract Theory ○ Society is either natural or created, it is something that must be accepted for what it is. ■ Society is the product of human desire and eort ○ Thomas Hobbes- one of the first individuals to contribute to the idea of the social contract was a pre enlightenment English philosopher. ■ Hobbes argues that society is not something natural and immutable, but rather something that is created by humans.

Module 2: Module 3: Module 4: Module 5: Unit 3- The Structure of the United States Government Module 6: Module 7: Module 8: Module 9: Unit 4- Political Participation Module 10: Module 11: Module 12: Unit 5- Civil Liberties and Civil Rights Module 13: Module 14: Module 15: Module 16: Unit 6- Public Opinion and Media Module 17: Module 18: Unit 7- Appendix           

 WGU: Helpful Notes C96- American Politics and US Constitution  Branches of Government Legislative, Executive,Judicial  Legislative

Executive

Has the two houses of Congress- ● House of  Representatives ● The Senate

President ( Commander in Chief), Vice President, Cabinet, Most Federal Agencies

1. Make the Laws a. Laws are written, discussed and voted on in Congress ● The number of congressmen is based on population ● There are 100 senators in the senate, two from each state There are 7 Congressional Powers (What Congress has the power to do) 1. Tax Citizens 2. Set the budget 3. Regulate commerce 4. Declare War 5. Provide advice and consent on appointments 6. Impeach individuals 7. Oversee the powers of the Judicial and Executive Branches

 

● Carries out the laws (Enforces Laws) ● Signs Laws ● Power to Veto Laws ● Pardons People ● Appoints Federal Judges ● Elected Every 4 Years

Judicial Supreme Court and Other Courts

● Interprets the laws ● Decides if laws are constitutional ● Are appointed by the President ● There are 9 Justices ○ There is one chief Justice (judge) and 8 Associate Justices in the United States Supreme Court. ● Can overturn Rulings by other judges

What is The Enlightenment? The Source of our ideas about natural rights. A period of Western European history following the Middle Ages from 1650-1800  Natural Rights- The God- given rights of life, liberty and property. “Natural” refers to the fact that these are inherent to our existence and, therefore, part of us. “Rights” means that we are free to exercise them without needing the permission of others. ● Shows equality of the people ● They let you do what you need to survive and be secure State of Nature- A theory on how people may have lived before societies came into existence. This is against Kings. Time period before there were any government, any rulers, and any Kings.  Social Contract- An agreement between people and the government in which citizens consent to be governed so long as the government protects their natural rights. ● The purpose of this contract is to acknowledge and protect natural rights Contractarianism-Right acts are those that do not violate the free ration agreements that we've made.  Defection- When you break the contract you’re in- whether you agreed to be in it or not- and you decide to look after your own interests instead of cooperating.  Sovereignty- The power to rule/govern. Power is for the rights of the people.  Consensual Political Vote- Majority Rule. People vote (Political equality) and whoever gets the most votes wins in our elections and laws.  Declaration of Independence- “ WE hold these truths to be self evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights. That among these are Life, Liberty, and the pursuit of happiness” The Social Construct Theory and Natural Rights Combined.  ________________________________________________________________  Federalism- Division of power between the Federal (national and state governments ● 10th Amendment- powers not given to the national government are reserved for the state. ● Elastic Clause- allows the federal government to make laws that are “necessary and proper”

● Devolution- Giving power back to the state governments  Voting/ Elections- ● Primaries: ○ Open- Voters are NOT required to register with a party to vote in a primary ○ Closed-Only voters registered with a party can vote in a primary ○ This varies from state to state   The US Constitution- ● 3 Branches of Government, (Legislative, Judicial,Executive) ○ Separation of Powers & Checks and Balances ● “We the people, in order to form a more perfect union, establish justice, and secure the blessings of liberty do ordain and establish this constitution for the United States of America”  Bill of Rights- Listed Natural Rights- The Bill of Rights is just the first 10 amendments to the United States Constitution. ● The Constitution is the Highest Law of the United States. ○ It has 7 Articles ○ 27 Amendments  By Amendment 1-10 1. Freedom of Religion, Speech, Press, Assembly and Petition 2. Right to keep and bear arms in order to maintain a well regulated militia 3. No Quartering Soldiers a. Guarantees that the US government can not put soldiers or troops in people's homes without their consent. 4. Freedom from unreasonable searches and seizures a. The US Government cannot unfairly search or take property from people. 5. Right to a due process of law, freedom from self incrimination, double jeopardy a. Can stay silent in court if they do not wish to testify. If someone does not want to speak they do not need to. 6. Rights of accused persons… Rights to a speedy and public trial a. Do not drag a trial on, make sure that the person has a fair trial in a timely manner. b. Also gives someone who is accused of a crime the right to have a lawyer.

i.

If a person cannot aord a lawyer, they are provided a lawyer by the government. ii. This amendment gives people the right to know what crimes they have committed. 7. Right of a Jury in civil cases 8. Freedom from excessive bail, cruel and unusual punishment a. Courts decisions are fair and just and must be reasonable for the crime b. Excessive bail- They are not allowed to give bail that is more than what the crime was. 9. Other rights of the people a. Basically that the constitution does not list all of the American Citizens rights. 10. Powers reserved to the states. a. Gives the power that the US Government doesn't have to the states and to the people within the states.  Society is not natural… but it is created by the people 

People to Remember from the Enlightenment Period  Montesquieu- 3 Minute Philosophy- Argued for a separation of powers. The Legislative,Executive, and Judicial branches. Each will serve as a check on the power of the others, limiting harm each might do. He also advocates for due process which means the requirement of the government when dealing with people, has in place a fair procedure which applies equally to all. ● Separation of Power- Divided between the three branches of government ○ Used to prevent tyranny ● Wrote two book ○ The Spirit of Laws ○ Persian Letters  Adam Smith- Why is the Wealth of Nations such an important book? In Wealth of Nations (1776), gives definition to our economic lives. Playing o ideas of property introduced by Locke, Smith went a step further and argued not only for a strong expression of property rights but all for minimal government regulation of the economic marketplace. ● 36,000 Citations in the entire book ● Written in the 18th century in scotland just before the Industrial Revolution

● Written in a time when economics was thought of as Imports and Exports ○ Imports- Bad for a country ○ Exports- Good for a country ● Role of Government being limited, importance of trade, and increased production in a country leads to more wealth.  Thomas Hobbes- Political Theory of Thomas Hobbes- Believed in State of nature and Contractarianism which means right acts are those that do not violate the free ration agreements that we’ve made. “Trading for something else.” Saw Security as most important under social contract. ● Talked about to what extent we listen to rulers before making a change ourselves. ● English Civil War changed his tune on economics and what the government did and got away with. ● Leviathan- book by Thomas Hobbes about why to obey government authority to avoid the risk of chaos and bloodshed. ● The Social Contract Theory- An agreement between people and the government in which citizens consent to be governed so long as the government protects their natural rights. ● The purpose of this contract is to acknowledge and protect natural rights  John Locke- If we lose John Locke, We Lose America- Saw Liberty and Property as most important protections under the social contract. His view on the state of nature was peaceful and consisted of rational human beings. Even though this was John Locke's belief, he also argued that live in the state of nature was “inconvenient” ● Wanted to move power away from the Monarch in ENgland and place more of the power in the hands of the people. ○ The Laws and Liberties of its Kingdom belonged to its citizens ● Locke had 3 Arguments ○ All Men are Created Equal- Believed that the King was not anywhere above a commoner and they should all be treated as equals to one another. ○ Certain basic rights exist independent of Government- It was man's natural state to be free. ■ Freedom pre-exists government, therefore freedom came first and government came later. ○ Government exists to protect those rights- Government exists to protect the freedoms and property of their citizens. 

    AMENDMENTS (27 Amendment and 27 ways to Remember them) What are the 27 Amendments? 1. Freedom of speech, press, religion, assembly, and petition 2. Right to bear arms 3. No Quartering Soldiers ( Do not have to house Soldiers) 4. No unreasonable search or arrest 5. No double jeopardy or no witness against yourself 6. Right to a speedy and public trial 7. The right to a jury trial in civil matters of $20 and over 8. No excessive bail or punishment 9. People get rights not listed in the constitution 10. Any rights not given by the federal government are given to the states and the people 11. Individual cannot sue a state in a federal court 12. Separate ballots for President and Vice President 13. Abolished Slavery 14. If you are born or naturalized in the US then you are a citizen of the United States 15. You cannot prevent a person from voting because of race, color or creed. (Creed= Religious beliefs) 16. Income Tax 17. Popular election of US senators 18. Prohibition 19. Women get the right to vote 20. President takes oce on January 20th instead of March 4th 21. Repeal of Prohibition 22. President can only serve two terms in oce 23. Washington DC residents can vote for the President 24. Anti poll tax 25. Lays down the rules for who becomes President if the President dies or Resigns 26. 18 Year olds can now vote 27. Congress cannot accept a pay raise until next term  

 WAYS TO REMEMBER EACH AMENDMENT How to Remember the 27 Amendments  1. Freedom of speech, press, religion, assembly, and petition a. Freedom of speech, press and religion 2. Right to bear arms a. Right to bear arms 3. No Quartering Soldiers ( Do not have to house Soldiers) a. No quartering troops in time of peace 4. No unreasonable search or arrest a. 4 Walls in my house ( can come in without a warrant) 5. No double jeopardy or no witness against yourself a. Don’t speak and don't incriminate yourself 6. Right to a speedy and public trial a. Right to a speedy Trial 7. The right to a jury trial in civil matters of $20 and over a. Lucky 7 or Lucky Suit- Right of trial by jury is common law 8. No excessive bail or punishment a. No excessive bail, fine or cruel or unusual punishment 9. People get rights not listed in the constitution a. No do not take away my rights 10. Any rights not given by the federal government are given to the states and the people a. Stop imposing on states rights 11. Individual cannot sue a state in a federal court a. Cannot sue the state, that is not your own 12. Separate ballots for President and Vice President a. How we elect the president and vice president 13. Abolished Slavery a. Being a slave is no more 14. If you are born or naturalized in the US then you are a citizen of the United States a. 1 4 all and all 4 1 15. You cannot prevent a person from voting because of race, color or creed. (Creed= Religious beliefs) a. Won a 5 k race- Right to vote cannot be denied 16. Income Tax a. Get taxed when you can drive and work

17. Popular election of US senators a. Creates and arrow- direct elect by popular vote 18. Prohibition a. Pro= No No alcohol for you (When you're not old enough to drink) 19. Women get the right to vote a. Women's Right to Vote 20. President takes oce on January 20th instead of March 4th a. January 20th is the president's new move in day or ratification 21. Repeal of Prohibition a. You're 21 you can have a drink now 22. President can only serve two terms in oce a. # of times someone can be elected president 4+4=8 23. Washington DC residents can vote for the President a. 23= DC residents are able to vote 24. Anti poll tax a. 2,4,6,8 What do we really hate? TAXES ! b. Allowed to vote even if you don't pay your taxes 25. Lays down the rules for who becomes President if the President dies or Resigns a. 25 Will you survive- Who is next in line? 26. 18 Year olds can now vote a. 2+6=8 18= the right to vote 27. Congress cannot accept a pay raise until next term. a. 27 pays next election raise   The Constitution, The Articles of Confederation, and Federalism: Crash Course US History #8

Articles of Confederation-  There was no ● President ● Courts ● Other branches of government other that the legislative branch to pass laws.  The Articles of Confederation were supposed to take care of ● Indian Aairs ● Foreign relations

● Letting new states be formed ● Declare war A MAJOR WEAKNESS is that every time this congress would pass laws, they could NOT enforce their laws. It was up to the state government to enforce the laws  - The Articles of Confederation could not tax the people, it was falling into debt, it could not set up an army. There was no president and no congress. It was too much power to the state governments. - Power of the states was more powerful than the power of the national government. Why did the Articles of Confederation fail? ● The national government couldn't tax ● There was no Executive or Judicial branches of government ● State governments could veto the confederation government laws.  

Cases to Remember REquired Supreme Court Cases Review AP GoPo  There are 13 Appellate courts that exist in the United States

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McCulloch v. Maryland (1819)- Federal case. ● The federal government created a national bank and several states including Maryland, passed laws to tax the Bank of the United States. ● Congress may establish a national bank. ○ As a result of the necessary and proper clause, Congress has implied powers and is not limited by its expressed powers. ● States may NOT tax the national government. ○ The supremacy clause asserts the national government is superior to the states governments.  OUTCOME: Taxing banks. Congress can establish a national bank. No, states may not tax the national government 

U.S. v. George Lopez(1995)-Federal Case. ● A student in Texas brought an unloaded gun to school and was charged with violating the federal Gun-Free School zones Act of 1990.

● The law is unconstitutional because possession of a gun in a school zone does not substantially aect any sort of interstate commerce. ● The 10th amendment creates a federal system that protects state power. The commerce clause does not grant congress endless power. OUTCOME: The Supreme Court ruled this law unconstitutional. The case rules against congress using the congress clause. Limits congressional power and shifts the power to the individual states.  Basic Breakdown: George brought a gun to school. 10th amendment (Any rights not given by the federal government are given to the states and the people). Law is unconstitutional. 

Engel V. Vitale (1962)- Establishment Clause Case. ● Students attending a public school in NEw York were required to recite a nondenominational prayer each morning ● States cannot hold prayers in public school, even if participation is voluntary and the prayer isn't tied to a specific religion. ● State sponsored prayer in public schools violates the establishment clause. Through the 14th amendment and incorporation, both states and the federal government prohibited from ocially backing religious activities.  Basic Breakdown: Students attending a public school were required to say a prayer every morning. States cannot hold prayers in public schools. It violates the establishment clause. OUTCOME: Unconstitutional. Violates the establishment clause. Schools cannot promote or inhibit religion. Due to the 14th amendment and incorporations, there is a separation between church and state. 

Wisconsin v. Yoder (Amish) (1972) - Free Exercise Case- ● Wisconsin had a law that mandated school attendance until age 16. ● Compelling Amish students to attend public school beyond 8th grade violates the free exercise clause. ● Individuals interest in free exercise of religion outweighs the states interest in compelling school attendance beyond 8th grade. OUTCOME: The Supreme Court sided with the Amish. Ruling that making students attend school past the 8th grade violates the Amish’s right to practice their religion freely. 

Basic Breakdown:Amish families refused to send their children to school once they finished 8th grade. Compelling Amish students to attend public schools beyond 8th grade violates the free exercise clause. 

(Kinder) Tinker V. Des Moines (1969)- Freedom of speech case. ● Students were suspended for wearing black armbands as a symbol to protest the Vietnam War. ● The Armbands represent pure speech and students have free speech rights at school. To justify suppressing speech, the school must prove that it would substantially interfere with the operation of the school. ● Students' right of political, symbolic speech based on the First Amen...