Highlighted OA C963 Study Guide- passed OA 1st try PDF

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Who can elect a senator?Senator term in years-6 yrMiranda rights-Fifth amendmentWhich amendment for calling of witnesses?Which court listens to most criminal and civil cases? State trial courtsWhy did the antifederalists oppose the ratification of the articles of confederationWho can vote for a sena...

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Who can elect a senator? Senator term in years-6 yr Miranda rights-Fifth amendment Which amendment for calling of witnesses? Which court listens to most criminal and civil cases? State trial courts Why did the antifederalists oppose the ratification of the articles of confederation Who can vote for a senator? Title IX Example of a membership organization- NRA Gerrymandering Why did larger states oppose the New Jersey plan

Unit 2 Lesson 1: Social Contract Theory 1. Major contributors to social contract theory. a. Thomas Hobbes: one of first contributors to social contract i. Society is not natural & immutable, created by the people ii. Done to resolve problems collectively faced: multiple farmers needing to water their farmcreate an irrigation systemsociety formed iii. Life in the state of nature: world is a nasty place, people live insecure, “a war of all against all” iv. Social contract should protect: physical security-right to life b. John Locke i. most influential Enlightenment thinker. AGAINST kings. Freedom for all. ii. Natural Rights: right to life, liberty, and property, God-given, no government may take away iii. Identified two key aspects to our existence (natural rights) 1. Liberty, Property iv. Life in the state of nature: world is relatively decent, people are rational & mindful of the law v. Social contract should protect: quality of life c. Jean-Jacques Rousseau i. Life in the state of nature: world starts good, but population increases increased inequalitiesunstable. Society often worse than the state of nature. ii. Social contract should protect: general will and educate citizens. iii. Freedom of choice-You can’t be forced to be free! 2. Key elements of Social Contract Theory a. State of Nature: a theory, time period in history BEFORE ANY government, rulers, kings; people lived in nature and had natural rights b. Natural rights: freedom of speech/press/vote, freedom of religion, assembly, protect self (w/ weapons), property; THESE RIGHTS DEFINE OUR INDIVIDUAL IDENTITY=Human nature c. Sovereignty: power & authority to rule or govern. Government’s power comes from consent, power, and rights of THE PEOPLE (popular sovereignty) d. Consensual Political rule: “majority rules”. People vote and whoever gets the most votes win e. Social Contract Theory:

i. An agreement between people & government in which citizens consent to be governed so long as the government protects their natural rights ii. Society is not natural or God-given, but rather created by people w/ collective interest iii. Society is defined by a social contract which is based on an understanding of what it means to be human (i.e., human nature) and of what natural rights we possess. iv. Purpose of a social contract: enhance the potential of human nature, acknowledge & protect natural rights v. Social contracts require consensus 3. Natural rights show equality of all people, let you do what you need to survive and be secure Lesson 2: Enlightened Ideas in the Founding Documents 1. Areas of the Declaration of Independence (1776) influenced by the Enlightenment. a. Both enlightenment & Declaration state we have natural rights, & follow the social contract theory b. “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.” 2. Areas of the Constitution (1789) influenced by the Enlightenment. a. Three branches of government, separation of power, checks & balances b. Per Madison, liberty can be readily sacrificed in the pursuit of justice (Montesquieu view) c. More interested in the practicalities of government than the protection of natural rights; advocates for a more arm's length approach to democracy. 3. Areas of the Bill of Rights (1791) that are influenced by the Enlightenment. a. protects individual conscience & democratic participation(Lockean ideas) b. The Second Amendment: permits possession of arms for the "security of a free State” & right to defend oneself against tyrannical government c. “Freedom of religion, freedom of speech, freedom of the press, freedom of assembly, right to bear arms, property and rights” 4. The Enlightenment is the source of our ideas about natural rights, and is a period of Western European history following the middle ages Lesson 3: A National Government under the Articles of Confederation 1. Primary goals of the Articles of Confederation. a. FIRST written constitution & our first attempts at structuring the U.S. government. b. Strong government trying to win the country's independence but not strong enough that it would deprive people or states of their rights/liberty. c. Goal of limiting the powers of the national government & protecting the power of the states 2. Structure of government under the Articles of Confederation. a. Unicameral congress: one legislative chamber “Confederation Congress” b. Powers given to the central government were severely limited. c. Each state legislature appointed delegates to the Congress that could be recalled at any time. Regardless of its size or the number of delegates, each state would have only one vote. d. Delegates to serve no more than 3 yrs prevent formation of an elite politicians group. NO SINGLE LEADER. Nine votes required before the central government could act. 3. Powers of Government under the Articles of Confederation a. Power to Borrow and Coin Money i. Could make the currency of the United States (Continental currency ii. Borrow money from other nations to cover debts (from fighting American Revolution) iii. Limited powerrelied on the states for money and to back loans taken from other countries. b. Power to Declare War i. Could appoint military officials

ii. Limited no national military to draw soldiers from. Soldiers came from individual states. c. Power to Make Treaties & Alliances with Other Nations i. Could appoint foreign ambassadors ii. Limited due to lack of a national militaryunable to provide any assistance to other nations. d. Power to Regulate Trade with the Native Americans i. Native Americans not considered citizens of the U.S. treated as foreign nations by both national & state governments. e. Power to Settle Disputes among Other States i. U.S. government only consisted of east coast (Georgia up to the New England states), everything west did not fall under their authority. National government had authority to settle any & all boundary disputes that arose between the states. Lesson 4: Problems with the Articles of Confederation a. NO Power to raise Army or Navy: feared a standing army would be available to tyrannical government b. NO Power to Impose or Collect Taxation: only state governments could levy taxes. States were required to provide funds in proportion to the value of the land within their borders. c. NO Power to Regulate Trade: national economy suffered as foreign countries began to form trade agreements with individual states. Trade agreements weren’t taxableBritish government imported massive untaxed goods into U.S. at drastically lower pricesdifficult to sell American-made goodslocal business sufferedhard to make a living and survive. d. One Vote: Each state only had one vote in congress regardless of size e. Unanimous vote: The articles couldn’t be changed without a unanimous vote of the 13 states f. No Judicial or executive branches Lesson 5: The New Jersey and Virginia Plans The New Jersey Plan (small state) and Virginia Plan (large state) were two debates during the Constitutional Convention of 1787 to address the issues and weaknesses created by the Articles of Confederation 1. New Jersey Plan a. Proposed 3 branches: legislative, executive, judicial, b. Unicameral (one legislative chamber) i. Each state gets one vote regardless of size or population c. Representation is State based (each state is equally represented)same vote, same power d. Proposed Supremacy Clause e. Role of national government: provide defense but could not override state authority 2. Virginia Plan a. Proposed 3 branches: legislative, executive, judicial, b. Bicameral (two legislative chambers: House of Representatives + Senate) i. House of Representatives: elected by the people & NUMBER of reps was based on the state’s population ii. Senate elected by State legislatures c. Representation is population based (higher population = more representation) d. Role of national government: can legislate for states and veto state law Lesson 6: Compromises at the Constitutional Convention (May to Sept of 1787) 1. Major compromises a. The “Great Compromise” (aka Connecticut Compromise) combined NJ & VA plans b. A bicameral legislature Congress was created (Senate & House of Reps) i. Senate is upper chamber, House of Rep is lower chamber

ii. Each state has 2 senators (6-year terms) iii. Each state has x amount of House of Reps depending on state size (2-year terms) c. Congress was given the power to tax, maintain an Army and navy, regulate trade and commerce, could coin and borrow money, grant patents and copyrights, declare war, and establish laws regulating naturalization and bankruptcy d. Legislation could be proposed by either chamber of congress, but it had to pass both chambers by majority vote before being sent to the president to be signed into law 2. Three-Fifths compromise a. Compromise b/t North & South states, called for counting of a state’s free population & 3/5 of its slave population for federal taxation & representation in Congress. 5 slaves=3 votes 3. Checks and balances a. Extra constitutional powers that allow each branch of government to limit the exercise of power of other branches or approve what the other branches are doing; requires diff parts of government to collab & find agreementnew official actions b. The congress can pass laws but its power to do so is checked by the president who can veto laws c. Congress has the ability to limit the president’s veto i. If the president vetoes a bill that passed both HOR and Senate then it is returned to congress to be voted on again. If the bill passes both HOR and Senate with a 2/3 vote in its favor, it becomes law even if the president refuses to sign it d. Congress can also refuse to declare war by the president or provide funds to the military e. Legislative Branch i. Made up of US Senate and House of Representatives f. Executive Branch i. The President and all Federal Government Bureaucracies g. Judicial Branch i. Supreme Court, lower federal district, and Appellate Courts, US district courts 4. Separation of powers a. The separation of governments power among three separate branches of government, legislative, executive, and judicial. b. Congress given power to make laws (legislative), executive branch (President & V.P.) & the federal judiciary (the Supreme Court) enforce laws & try cases arising under federal law, respectively. Lesson 7: The Federalist and Anti-Federalist Debates 1. Federalist's views on the scope and powers of the government. a. Mostly wealthy, elite of society, well educated, landowners, businessman, former military commanders b. James Madison-strongest federalistwrote The Federalist Papers c. Believed a strong government would be better for both national defense and economic growth d. Liked the idea of a national currency as it would ease business transactions e. Government regulated trade and tariffs on imports would protect merchant from foreign competition f. Power to collect taxes would help w/ internal improvements like roads which would help businessman g. Mostly consisted of New Englanders (smaller states) 2. Anti-Federalist's views on the scope and powers of the government. a. Opposed the new constitution, preferred the old one b. Thought President would turn into a King c. Feared the power of the national government & felt state legislatures could better protect freedoms d. Most not of the “elite” & feared the new government would favor rich over the middle class e. Feared government would levy taxes on farmers & planters who lacked hard currency to pay f. Feared tariffs on foreign imports that would make American agriculture less welcome in Europe g. Strong in the southern states (larger states)

3. Reasons for & against ratifying the Constitution. a. For ratification i. We needed to form an army & navy, impose taxes, and force states to comply w/ laws ii. Smaller states favored equal number of senators for representation b. Against ratification i. Fear that excessive power would be given to one man (president) ii. The belief that the ability to tax its citizens should be left to the states iii. Feared that the federal courts would be too far away from some iv. Constitution did not guarantee protection of individual liberties call for bill of rights v. Larger states opposed because they felt they lost power Lesson 8: The Federalist Papers The Federalists published a set of 85 essays known as The Federalist Papers  widely published in newspapers & helped to convince many states to ultimately ratify the Constitution (created during the Constitutional Convention). 1. I can describe the purpose and main arguments made in Federalist #10. a. Federalists wanted the national government to remain as strong as possible and to be run by elites b. The Anti-Federalists feared wealthy would dominate national politics & become a factiondivision c. James Madison argued that there was no need to fear the power of factions because of diversity d. Argued a representative government was best way to control against the detrimental effects of factions e. Since factions were impossible to remove without taking away the freedom that people have to express their opinions and organize, the only solution was to attempt to control their potential effects f. People could elect those of the highest minds to make decisions 2. Purpose and main arguments made in Federalist #51. a. Topic: constitutional checks and balances and separation of powers would prevent abuse of power b. The Anti-Federalists feared that the national government would become too powerful, leading to a tyrannical government that would abuse its power & people. c. Separation of powers is the division of government authority to each branch of government. i. Legislative branch makes laws, executive branch enforces laws, judicial branch reviews laws. ii. Each branch has its own degree of independence. iii. Checks and balances requires a level of interdependence. d. Checks and balances: mechanisms that let each branch of government have influence over how the other branches & their individuals operate & get their job done Lesson 9: Separation of Powers 1. Purpose of separation of powers a. The writers of the Constitution wanted to divide power between 3 branches b. Make it difficult for gov’t to abuse power checks and balances would limit each branch 2. Several powers held by each branch of government. a. Legislative Branch (Congress) i. Composed of Senate and House of Representatives. They are principal lawmaking body 1. The House of Representatives (represented the People) 2. The Senate (represented the State) ii. Can deal with international trade and commerce between states iii. Only congress has the power to declare war on foreign countries iv. The senate is required to approve treaties by 2/3 majority 1. Potential role in selection of president: If the electoral college fails to provide a candidate with a majority of the votes of the electors, the HOR will choose the president b. Judicial Branch (Supreme Court, US District Courts, Appellate courts)

i. Designed to be independent and separate from the other branches ii. The courts have the power of judicial review overturn laws passed by Congress & actions of the president, goal: always uphold the Constitution (supreme law of land) iii. While the courts do deal with criminal and civil cases, judicial review is important in upholding the Constitution as the supreme law of the land iv. Crucial in solving constitutional disputes between the president and Congress and in resolving issues between the state governments and the new national government. c. Executive Branch: President, Vice President, and the Bureaucracy i. The Constitution requires that the President faithfully execute the laws of the land ii. Vice President: presiding officer of the Senate (tie-breaker). iii. President made commander-in-chief of the armed forces of the new country iv. President to serve as chief diplomat. He/those reporting to him: responsible for foreign affairs v. President in charge of negotiating treaties that must be approved by the Senate. vi. President has power to grant unlimited pardons or reduce prison terms for national crimes. Neither Congress nor the courts can grant pardons or prevent the president from doing so vii. The Constitution also requires the president to report to Congress each year on the state of the union, which has led to the televised State of the Union addresses 3. I can explain how laws are made and enforced using the separation of powers. a. Congress (HOR and Senate) make laws, but can’t carry them out b. The executive branch carries out (executes and enforces) the laws passed by congress c. The judicial branch evaluates (interprets) the laws through a Supreme Court and other lower courts Lesson 10: Checks and Balances 1. I can explain how the system of checks and balances functions. a. System of checks and balances in place to maintain separation of powers. Each branch can maintain itself as a separate part of the government and prevent being dominated by one of the other branches. b. All laws must go through Congress c. Laws must be signed by the president to go into effect d. The president has the power to veto legislation e. Congress can override a veto if it re-passes the law with a 2/3 majority in both the HOR and senate f. Laws are subject to judicial review by the judicial branch. The courts can overturn it if they determine it violates the constitution g. Foreign Policy i. The president can negotiate treaties, but they are subject to approval by 2/3 of the senate ii. The president can sign executive agreements with foreign leaders (without senate approval) iii. Only Congress can declare war h. Nominations i. The president nominates justices of the Supreme Court and judges of lower courts, but these nominations must be approved by the senate ii. Judges serve during time of good behavior. iii. Judges can only be removed if the majority of HOR vote to impeach i. Executive orders i. Directions to government agencies issued by a president to pursue a particular course of action; these are issued in the absence of congressional action ii. Executive orders can even be used in some cases when Congress has failed to act on legislation that the president desires. iii. Congress can prevent implementation of some activities by refusing to provide funding iv. Not every executive order is constitutional. Therefore, executive orders can also be challenged in the courts and can be declared unconstitutional.

j.

Impeachment i. The President, Vice President, judges and justices can be impeached by the HOR ii. Only the Senate can remove an impeached person with 2/3 vote iii. (Johnson, Clinton, and Trump were all impeached but survived the senate vote) k. Budget i. Congress authorizes spending of activities and sets funding levels for the national government. ii. The President prepares the national budget iii. Congress can refuse to fund executive orders, executive agreements, or other projects the president wants to pursue 2. I can list several checks the Judicial branch has on the Legislative and Executive branches. a. The judiciary can overturn actions of the president (executive) if they feel it violates the constitution b. The judges and justices are protected by appointment during time of good behavior so that they cannot be threatened with being fired if they do not do what Congress or the president wants c. The judiciary can overturn acts of Congress (legislative) as unconstitutional if they violate the law d. The judiciary can influence laws made by congress by interpretation 3. I can list several checks the legislative branch has on the judicial and executive branches. a. Congress can override a presidential veto by a 2/3 vote in both chambers b. Must approve tr...