Covers everything from the beginning of the year!!! Midterm Schedule: Monday, Jan 14, 2013 – Periods 2 and 6 Tuesday, Jan 15, 2013 – Periods 3 and 7 Wednesday, Jan 16, 2013 – Periods 1 and 4 Thursday, Jan 17, 2013 – Early Release – Period 5 Citizenship: Refer to your Citizenship HANDOUT! Definition of Citizenship Three Ways to become a Citizen a member of a nation or country with full rights and responsibilities under the law. Born Parents born Naturalization What two countries are also considered part of the U.S.? Guam and Puerto Rico Aliens = Non citizens Immigrants = Aliens that plan on moving here permanently Legal Immigration Act 1990 – gave special consideration and priority to immigrants with special job skills but specifically to relatives of U.S. citizens. 4 steps of Naturalization 1. Declaration of Intent 2. Apply 3. Take the test 4. Oath of Allegiance Before you apply you have to: Must be 18 years old or older Have lived in the U.S. for 5 years – OR – serve in the military for 1 year Need to study basic English, history and civics. Rights – things you are ALLOWED to do Responsibilities – thing you are EXPECTED to do Personal – pertain to yourself with little of no government implications Political – usually have some government related repercussion Speech, Religion, Obey the laws Petition, vote, Jury duty Civic Virtue – a moral habit; helps maintain order and peace in those times that the government is giving you freedom Self-Restraint Civic Knowledge Self-Assertion Self-Reliance Citizenship Means? Situations that still make you a US Citizen Naturalization Aliens v. Immigrants Legal Immigration Revision Act How can you lose your Citizenship? “My right to swing” ends when? Limited Government Civic Virtue: Why is it important? What are the categories? Levels of Citizenship of Rights – the first 10 amendments in the U.S. Constitution; grants citizens rights. Bill 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. ANSWERS: 1. Freedom of Speech, Petition, Assembly, Religion, and Press 2. Right to bear arms 3. No quartering troops 4. Freedom from UNREASONABLE search and seizure; Privacy 5. Rights of the accused no double jeopardy Cannot be compelled to be a witness against himself No private property can be taken without compensation 6. Right to a Speedy Trial 7. Right to a Jury Trial – any controversy over $20 8. No Cruel and Unusual Punishments or excessive bail 9. Unenumerated rights 10. Rights reserved to the States Cruel and unusual…. Or is it!? A judge sentences a person to death for committing a murder. A state law does not allow the judge to consider any special or individual circumstances when deciding whether to give the prisoner the death penalty. Is the state law cruel and unusual? Why or why not? If the person getting accused is 17, is it cruel and unusual for him to get tried like an adult and be given the death penalty? Use information from the PowerPoint presentation we did in class to justify your answer. Compelled or not…? A drug addict is arrested for robbery and murder. After being in police custody for several hours, he begins to have severe withdrawal symptoms. The police call a doctor who gives him the necessary medication. Nobody knows that this particular medication has the effect of a “truth serum” on the prisoner. The police proceed with the questioning process and within a short time, the prisoner confesses to the crime. Was the prisoner compelled to be a witness against himself? Why or why not? What amendment to this situation address? Cruel and unusual…. Or is it!? A judge sentences a person to death for committing a murder. A state law does not allow the judge to consider any special or individual circumstances when deciding whether to give the prisoner the death penalty. Is the state law cruel and unusual? Why or why not? YES IT IS CRUEL! Especially when the punishment at stake is so high, judges need to consider special, and possibly psychological, circumstances that might have affected the crime. If the person getting accused is 17, is it cruel and unusual for him to get tried like an adult and be given the death penalty? Use information from the PowerPoint presentation we did in class to justify your answer. YES IT IS CRUEL! Even though he is almost an adult, he is still underage and the proper punishment should be fit for a minor. Teenagers are less disciplined and more vulnerable to peer pressure than adults. Compelled or not…? A drug addict is arrested for robbery and murder. After being in police custody for several hours, he begins to have severe withdrawal symptoms. The police call a doctor who gives him the necessary medication. Nobody knows that this particular medication has the effect of a “truth serum” on the prisoner. The police proceed with the questioning process and within a short time, the prisoner confesses to the crime. Was the prisoner compelled to be a witness against himself? Why or why not? YES HE WAS COMPELLED! He was compelled by the medicine even though it was unintentional, he could not practice his free will! What amendment to this situation address? 5 – Rights of the Accused Other know! 13. 14. 15. 19. 26. important amendments you need to ANSWERS - Other important amendments you need to know! 13. Abolished Slavery 14. Equal Protection Under the Law and Citizenship – all persons born in the U.S. or Naturalized 15. Right to Vote (Suffrage) Regardless of Race or Color 19. Right to Vote (Suffrage) for Women – regardless of gender 26. Established the voting age to be 18 years old – “Old enough to fight, old enough to vote” From the 1600s – English traditions of limited and representative government Monarchy – King or Queen Relatives and noble families had power and were given land in exchange for loyalty, taxes, etc. Magna Carta – 1215 King John treated nobles harshly Rebelled and forced king to sign the Magna Carta protecting their privileges and authority Granted certain rights such as equal treatment under the law and trial by one’s peers (WHAT AMENDMENTS DOES THAT SOUND LIKE?) First form of limiting government Parliament – England’s law making body – legislature Common law – no written laws, judges determining right from wrong would look at precedents – ruling in earlier cases 1600-1700s England established colonies in America. Colony-group of people in one place who are ruled by a parent country elsewhere Set up through Charter- written document granting land and authority to set up colonial governments First permanent settlement was Jamestown in Virginia in 1607 Colonists chose 2 representatives and 22 of the governors council – House of burgesses. Little power but FIRST form of self governance. 1620 – Pilgrims arrived in Plymouth in Massachusetts Came in the Mayflower so their compact (Agreement among the people to govern) was called the Mayflower Compact – 1620 Set up a direct democracy 1733- all of the13 colonies established 1760 – King George III took the throne and established a system called mercantilism (selling more than you buy) to try to make as much money from the colonies as possible using the colonies as a source for cheap and raw materials. “No taxation without representation” – Colonists were upset because they had no representatives in English Parliament Led to a boycott – refuse to buy English products. Stamp Act: Tax on legal documents Tea Act – made tea from Britain the cheapest – British East India Company Colonists blocked the ships from the colonial ports, dressed as Native Americans and dumped 342 chests of tea into the ocean = BOSTON TEA PARTY English response = Intolerable Acts AKA Coercive Acts restricting colonists rights and allowing soldiers to search and move into colonists homes 1774 – FIRST CONTINENTAL CONGRESS Colonists sent 12 delegates (Representatives) to Philadelphia to discuss their concerns. They wanted to establish a sort of government in America to stand up to Britain Sent a document complaining to King George III and demanding to get their rights back King George III responded violently May 1775 – SECOND CONTINENTAL CONGRESS Some people didn’t think Colonists could win a battle against Britain. Debated long for the best option. During this time Thomas Paine came out with the “Common Sense” Pamphlet where he argued breaking from England was common sense. Second Continental Congress = First form of Government in the Colonies Thomas Jefferson wrote the Declaration of independence saying the English Crown was not looking out for the colonists’ best interests. In it they say the purpose of government is to protect the rights of the people and that they had the right to overthrow the government for not doing so. Influenced by John Locke’s “Second Treatise of Government” - It said that a good government is based on a social contract where people agree to give up some of their rights to establish a government and they can overthrow it if it misuses its power. Confederation: group of individuals united together for a purpose Articles of Confederation Good States kept power and independence = sovereign No government telling states what to do Congress can create military to protect the states Bad No way to enforce laws States could ignore laws No power to collect taxes to pay government funded occupations Could only be changed with consent from ALL states The Virginia Plan: The New Jersey Plan: Established our 3 branches of government two houses and each state would be represented based on populations. One house with equal representation The Great Compromise/Connecticut Compromise 2 Houses: the Senate and the House of Representative The Senate would have 2 members per state which meant all states had an equal representation The House of Representatives would represent their states based on population. The Three-Fifths Compromise: every 5 ensalved persons would count as 3 free persons. This way, slaves would count toward the population total to gain more representation in the House for the southern states. Constitution was drafted to implement a Federalism a form of government in which power is divided between the federal, or national, government and the states. Federalists: supported the document Anti-federalists: felt it gave too much power to the national government; wanted a bill of rights. The promise of a bill of rights turned the tide and Anti-federalists agreed to the proposed Constitution Needed 9/13 states approval – In 1788, New Hampshire was the 9th State Article I: Legislative Branch Composed of the Senate and House Requirements: House of Reps: 2 year terms 25 years old 7 years citizens Senate: 6 year terms 30 years old 9 years citizens All bills regarding money start in the House of Representatives Legislative Powers = taxing, Naturalization, Money related bills, Postal Service Article II: Executive Branch Composed of the President, VP and Cabinet Members Requirements: Serve 4 year terms Must be 35 years old Natural Born Citizen Live in US for 14 years Article III: Judicial Branch Composed of the Supreme Court Federal Judges are appointed by the President Serves as the referee between the branches and can overturn laws it deems unconstitutional. Article States IV: Relations between the State problems should be addressed by the state governments States must treat citizens of other states as if they were citizens of that state. Explains how new states are accepted into the U.S. Article V: Amendment Process Explains Article how to amend the Constitution. VI: National Supremacy “Supreme Law of the Land” The laws in the Constitution are above all government; everyone must follow it Article VII: Ratification Approval of the Constitution Explains Constitution will be in effect after 9 out of the 13 States ratify it. Week 8 – Reviewed Week 9 – Testing Week 10 and 11 – States, Capitals, Countries in Western Hemisphere Bicameralism –Bicameral: Legislature divided into two houses. –Resulted from WHAT COMPROMISE? The House 435 members, 2 year terms of office. Initiates all revenue bills, more influential on budget. House Rules Committee Limited debates. The Senate 100 members, 6 year terms of office. Gives “advice & consent”, more influential on foreign affairs. Unlimited debates. (filibuster) Census – population count every 10 years Gerrymandering – oddly shaped districted designed to increase votes How Congress is Organized Congressional Leadership The House Lead by Speaker of the House - elected by House members. – Presides over House. – Major role in committee assignments and legislation. – Assisted by majority leader and whips. – The Senate – – – – – Formally lead by Vice President. President pro tempore – “for the time being” Really lead by Majority Leader- chosen by party members. Assisted by whips. Must work with Minority leader. Majority party – the party to which more than half of the members belong to Minority party – other party The Committees and Subcommittees Four types of committees: Getting on a Committee Standing committees: permanent committees and continue their work form session to session Joint committees: includes members of both Houses Conference committees: resolve differences in House and Senate bills. Select committees: created for a specific purpose for a limited time. Members want committee assignments that will help them get reelected, gain influence, and make policy. New members express their committee preferences to the party leaders. Getting Ahead on the Committee: Chairs and the Seniority System. The chair is the most important position for controlling legislation. Chairs were once chosen strictly by the seniority system. Now seniority is a general rule, and members may choose the chair of their committee. Expressed powers – “Congress shall have the Power…” Implied powers – Necessary and Proper Clause gives Congress the power to do anything it deems “Necessary and Proper” to carryout its expressed powers Not stated explicitly Clause is also known as the Elastic Clause EXAMPLES OF LEGISLATIVE POWERS Taxing and Spending Authorization bills – $ allowed (how much money is authorized for that program to spend) Appropriation bills - $ actually given to that program Regulating Commerce - trade Foreign Relations and Treaties – only Congress can declare war. Powers that do not relate to “law-making” Approving presidential appointees into high positions House has the sole authority to impeach Oversight and Investigation: important to ensure Executive branch is carrying out the laws appropriately. Limits on Power Things Congress may NOT do: Writ of habeas corpus - cannot stop prisoner form going to court to know why he or she is being held Bills of attainders – cannot pass laws that punish a person without jury trial. WHAT AMENDMENT!? Ex post facto laws – cannot make something a crime after it is committed. Two Types of Bills Private Bills: concern individual people or places Public bills: apply to the entire nation and general matters like taxation, etc. Congress considers many resolutions (formal statements of opinions from lawmakers) Joint resolution – come from both the House and the Senate, and usually do become laws if the president signs it. STEP 1 – INTRODUCE THE BILL Usually start as an idea, presented either by a person or by special interest groups (organizations made up of people with a common interest that are trying to influence government decisions) Bills are given a number Bill #231 in the Senate would be S.231 and in the House would be H.R. 231 STEP 2 - Committee Action The Committee Chair decides whether to consider the bill or ignore it Usually controlled by Standing Committees... They can: 1. they can pass it without changes 2. mark it up with suggestions 3. replace it with an alternative 4. ignore it and let it die out 5. kill it by a majority vote STEP 3 – Floor Debate After the Committee action they are ready to be considered by the full House and Senate. Senate usually goes in the order they are submitted In the House, the RULES COMMITTEE is like the “traffic cop” and determines the order The Senate allows riders (amendments that are unrelated to the bill) to be attached to it Senate can also filibuster A filibuster can be ended f ¾ of the members vote for cloture. After this no one can speak for more than an hour. STEP 4 – Voting on a Bill Three types of votes Voice vote: “yea” or “no” Standing vote: those in favor stand to be counted Roll-call vote: a voice vote but in order as they are called Both the Senate and the House must pass a bill in identical form before it becomes a law if not it is sent to a Conference Committee and gets voted on again. STEP 5 – Presidential Action The president can do any of 4 things: Sign the bill and make it a law Veto it (refusing to sign it) Ignore it for 10 days and then it automatically becomes a law If the bill is getting passed close to the end of the Congressional Session, if the president ignores it during the last 10 days of the session it is called a pocket veto and does not get passed. Qualifications for President The Constitution only lists 3: 1. at least 35 years old 2. native born American citizen 3. resident of the United States for at least 14 years Most presidents have had politcal experience or have been lawyers but that is not a formal requirement Electing a President Every 4 years Not directly elected *Electoral College *Each State shall appoint "electors" and those then vote for the major candidates *Although the ballot will show the name of the Presidential candidate, when you vote you are actually voting for the elector assigned to that candidate. *Same number of electors as Senators and representatives Terms of Office Presidents serve 4 year terms *Originally no term limits *No president ran for more than 2 terms = TRADITION *Franklin D. Roosevelt ran and won a third term *22 amendment (ratified in 1951) limits to 2-terms and a max of 10 years Salary and Benefits: $400,000 plus money for expenses and travel White House Staff = 80+ people Air Force One Vice President Same qualifications as the president and elected the same way. Presidential Succession If president dies or leaves office the VP takes over his responsibilities and duties. After this would be the Speaker of the House, then the President Pro Tempore of the Senate, then the Secretary of State, etc. (As of 1947 Presidential Succession Act) *25th Amendment - VP takes over and appoints another VP to be approved by both House and Senate Constitutional Powers - *veto *call Congress to special session *Commander in chief * receive leaders of other countries * make treaties (with senate approval) * appoint head of executive agencies and courts *grant pardons "state of the union" address - yearly; discusses important issues and possible solutions ROLES OF THE PRESIDENT! 1. Chief Executive: carrying out the laws *can issue Executive orders which are rules or commands that have the force of laws. Pardons, Repreive, Amnesty 2. Chief Diplomat: directs foreign policy 3. Commander in Chief: leader of the armed forces; helps back up his foreign policies if necessary. *Checks and Balances: the president is responsible for sending the soldiers to battle but only CONGRESS can declare war. *War Powers Resolution: president must notify congress that he sent troops within 48 hrs. If congress doesnt approve troops must return home within 60 days. 4. Legislative Leader: Most bills considered by Congress come from the executive branch. *Presidents have a legislative program (laws they want to pass) *Disagreements = President represents the whole country while members of Congress represent their states/districts. 5. Head of State: Living symbol of the Nation; represents the country by visiting other countries and participating in ceremonies. 6. Economic Leader: voters expect presient to deal with such problems as unemployment, raising prices or high taxes. *Plans federal government budget 7. Party Leader: party members work hard to get the president in their party elected. THE PRESIDENT AND FOREIGN POLICY *Foreign policy - the nations plan for dealing with other nations It has 4 essential goals! 1. National security - the ability to keep the country safe from attack or harm AND it is the basic goal of foreign policy 2. International trade (vital to economic prosperity) 3. Promoting World peace 4. Promote democracy around the world Constitution divides foreign and military affairs between the president and Congress. President = Commander in chief and Chief Diplomat Congress = power to declare war, prohibit certain military actions, can spend or withhold money for defense. Tools of Foreign Policy Strategies and methods to aid foreign policy making: *Creating Treaties and Executive Agreements -formal agreements between the governments of two or more countries -the Senate must approve by a 2/3 vote -President can bypass the Senate by making an Executive Agreement *Apponting Ambassadors -an official representative of a country's government -must be approved by the Senate *Foreign Aid -can be money, food, military assistance, or other supplies given to help other countries *International Trade -president can make agreement with other nations regarding trade -trade sanctions: efforts to punish another nation by imposing trade barriers. -embargo: another punishment tool which is an agreement among a group of nations that prohibits them from trading with a target nation. *Military Force -As Commander in Chief president may use the military to carryout some foreign policy decisions. Executive Office of the President -about 2,000 employees -budget of over $100 million -Prepare reports, help write bills - Divided into 5 Parts: *White House Office - about 500 people - Chief of Staff is the most powerful. - Other members are a lawyer and a press secretary *Office of Management and Budget (OMB) - Prepares the federal budget and monitor spending *National Security Council (NSC) - helps coordinate the military and foreign policy. - Includes, Secretary of State and Defense *Office of Administration - provides administrative services to all executive offices and provides info for people seeking records under the Freedom of Information Act. *Council of Economic Advisers (CEA) - helps president carry out the role of economic leader. Deals with employment, tax policies, and foreign trade. Cabinet - a group of presidential advisers that includes the heads of the 15 toplevel executive departments. -Called Secretaries (except the head of the Department of Justice who is called the Attorney General) *Department of Homeland Security - federal department to consolidate the nation's defenses against terrorist attack and better coordinate counterterrorism intelligence. *Cabinet Responsibilities - not mentioned in the Constitution; they spend most of their time coordinating their cabinet activities. The Vice President and the First Lady -usually do not have important roles -recently more power has been given to the VP -Today, First ladies have an office in the White House and a press spokesperson since they so help serve our country The Federal Bureaucracy -the agencies and employees of the executive branch -carry out the many programs that Congress has created to serve the people. *turn laws into action by applying it and deciding how to do so *administer the day to day operations of the federal government (mail, collect taxes, Social Security Checks) *regulate various activities like broadcasting, banks, airlines, etc. Independent Agencies -not part of the Cabinet *Executive Agencies - specialized things within the governemnt -NASA (National Aeronautics and Space Administration) *Government Corporations - like private businesses but ran and owned by the government. -US Postal Service *Regulatory Boards and Commissions - do not have to report to the president -made to protect the public -make and enforce rules for certain industries -Federal Communications Commission (FCC) - broadcasting rules, etc Government Workers Political appointees - chosen by the president; usually president supporters. 90 % are Civil service workers and usually have permanent employment -range from lawyers to doctors -many fall under the Spoils System (jobs given as a reward for political support) -Now the civil service system is based on merit system (people who have passed the tests or other standards) Week 14 Week 15 Week 16 Week 17 – Thanksgiving – Judicial Branch – Supreme Court Case Attached and 18 – History fair