 Fall 2011 – day and night classes
This is a very interesting time to be taking Federal Government

Republicans now control the House of Representatives while the Democrats still control the
Senate and of course the White House
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Republicans are hitting the campaign trail to get the Republican Presidential Nomination for
2012
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The economy is still in a slump

Tough issues face our country

2012 is a Presidential election year – candidates are campaigning to be on the ticket
So what does that mean to you?
 Each week we will start class with current events – have one!
What Snooki did or said on Jersey Shores does not count
 Be prepared to listen and to discuss in class
 Check out this web site for more information on US government
http://www.whitehouse.gov/our-government
Can’t make class? Don’t understand something??
 Get in touch with me
254-631-2377 (cell)
nhughes@rangercollege.edu
 Tuesday & Thursday Day Class
Semester Projects
There are three projects this semester - that means you do all three
1. Government in Action
Follow a bill in the US Legislature - give written updates on the status - include news
articles or editorials - political cartoons will count – Go to www.thomas.gov to find and
track a bill.
2. Government in Action – Part 2
The next Presidential Election is Nov. 6, 2012. Political Parties will meet in the Summer
of 2012 to choose their candidates. Barring some unforeseen event, President Obama will be the
Democratic nominee. That means between now and Summer 2012, the Republicans will be
duking it out to see will be the Republican nominee.
Pick someone who has expressed interested or who has already announced s/he are going
to run for the Republican nomination. Follow that person’s campaign.
3. Government in the Comics
1. Collect 10 political cartoons published between August 22, 2011, and December 5, 2011, that
are relevant to the government of the United States. These can address domestic or foreign
policies or events.
2. Record the date and where the cartoon was published.
3. Analyze the cartoon - describe what you see, why it is significant, and what the cartoon says
to you - see sample
4. Presentation You can copy or attach each cartoon to a separate piece of paper - under the cartoon
identify the date and source where the cartoon was published and your analysis
You can get creative - presented your project on a poster - whatever
However, presentation must be turned in a print format to receive a grade
August 26, 2008 published at http://cagle.com/news/OlympicGirls/main.asp
Cartoon addressing the 2008 Summer Olympics in Beijing. In three scenes, young Chinese
children are shown working. First, a young boy is sitting on a box so that he can reach a sewing
machine to make clothes to be sent to America. Next, a young girl is painting a doll with toxic
paint. The doll will be sold in the United States. In the last frame, a very young Chinese girl is
on the Olympic medal stand with two much older and a bit confused Caucasian girls. The young
Chinese girl has one first place.
The point of the cartoon is that China’s use (and possible abuse) of its children is occurring in the
market place economic and as well as Olympic.
 Due dates
Monday Night Class
Gov’t in Action Part 1 – Bill
09-22-10 - bill due - write out which bill you are following and why
10-24-10 - bill update due
11-28-10 – final bill update due
Govt’ in Action Part 2 – Candidate
10-03-11 – candidate due – write you who you are following and why
11-07-11 – status update for your candidate
12-05-11 – final update on you candidate
Gov’t in the Comics
Due 12-05-11
 Tuesday & Thursday Day Class
Gov’t in Action – Part 1 - Bill
09-30-10 - bill due - write out which bill you are following and why
10-27-10 - bill update due
11-29-10 – final bill update due
Gov’t in Action – Part 2 Candidate
10-04-11 – candidate due – write you who you are following and why
11-01-11 – status update for your candidate
12-06-11 – final update on you candidate
Gov’t in the Comics
Due 12-07-11
Types of Government
Terms:
anarchy
Absence of a system of government and law
sovereign
Supreme authority
sovereign immunity
citizens can not sue the government (the sovereign)
w/o consent
Kings & Queens - bloodline - hereditary sovereignty
monarchy
feudal system
Vassal (lord) owned the land - provided protection to
the serfs who worked it for him - Middle Ages
democracy
People rule – vote – equal say
pure or direct democracy
all or most participate - one person, one vote
representative democracy
people elect representatives who then vote
republic
people retain power, no monarchy, representative
democracy
federal system
Sovereignty is shared - national does some, state local
others
dictatorship
One person has absolute authority - usually w/o
inheritance or an election Cuba under
Castro
totalitarian
Government controlled by one political group who
suppresses all others - Taliban when it controlled
Afghanistan
fascist
Private ownership of property, all industry and labor
are regulated by the government while all opposition is
suppressed - Italy under Mussolini
capitalism
Private ownership of production and distribution
Economic system - free market
socialism
Major means of production and distribution is
controlled by the government, association of workers,
the community
communism
Political, social, & economic system where the state
controls and owns production and distribution - also
influences social and cultural life - based on writings of
Karl Marx
Marxist/ism
Karl Marx - class struggle between the “haves” and
“have nots” will result in a classless society where the
community owns everything
Karl Marx - 1818 - 1883 German - best friend Friedrich
Engels - together wrote the Communist Manifesto - history is a series o
John Locke
1632 - 1704
British
People could rule themselves - they had god given rights
- learned by experience
Thomas Jefferson big fan
Declaration of Independence, Articles of Confederation, Federalism, Writing the
Constitution
1. Review
Constitution are complex documents that reflex the times
Sovereignty lies w/ the people
John Locke
2.
Declaration of Independence
formal declaration of why we were leaving British Rule - a list of you done me wrongs
against King George
asserted a list of natural rights - John Locke
Thomas Jefferson principal author
big supporter of separation of church and state
3.
Articles of Confederation
submitted to states in 1777 - a year after the declaration of independence
ratified in 1781
loose organization of the individual colonies - now states
no strong central government no taxing authority each state made its own $, incurred its own debt one state one vote - so larger states were expected to contribute more $,more
resources but only had one vote
no chief executive - had a president of congress
just wasn’t working
4. Constitutional Convention - 1787 - purpose was to revise the Articles - ended up drafting the
Constitution
5. Who was there
55 delegates - Not Thomas Jefferson - minister to France
John Adams - minister to Great Britain
Patrick Henry - said he smelled a rat
Ben Franklin, George Washington, James Madison, Alexander Hamilton
Rhode Island did not send anyone
met for 4 months in Philadelphia
George Washington elected to preside
James Madison and Alexander Hamilton wanted to redo instead of fix from the beginning
6. Federalists v the Anti-Federalists
Federalists wanted a strong central (federal) government - Alexander Hamilton, James
Madison, John Jay, John Adams
Anti-Federalist were concerned about states rights - George Mason, Patrick Henry,
Samuel Adams (John s 2nd cousin)
7. Plans
Virginia plan - James Madison s - Large State plan - powerful bicameral legislature
Both houses would be determined proportionateley
People elected lower house - lower house elected upper house
Judiciary - has some power to veto
Executive
New Jersey Plan - current congress would remain
Executive branch was created - elected by congress
Small states like - rejected
Hamilton Plan - similar to British system w/ a strong centralized plan
Bicameral legislature - lower house elected by people, upper house elected
for life by electors chosen by the people
Executive - called a governor - elected for life by electors -absolute vetoes
State governors appointed by national legislature
Considered well thought out but too much like the British form of
government
8. Compromise
Connecticut Compromise or Great compromise - agreement between large and small
states
Bicameral legislature - lower house representation based on population
Upper house equal
Slavery - how do you count the slaves - 3/5s
10 states had already outlawed slave trade
Bill of Rights - George Mason
women s right - Abigail had written John Adams during the Continental Congress to
remember the ladies - not entirely excluded not entirely included
9.
Influences
John Locke - people can rule themselves
due process - from British Common Law - Magna Carta of 1215
2nd Century BC writing (Polybius) on the checks and balances of the Roman constitution
reflected in Montesquieu - French political thinker - big on separation of powers executive, legislative, judicial
Constitution
Preamble
says it all - We the people ...in order to:
1.form a more perfect union,
2. establish justice,
3. insure domestic tranquility,
4. provide for the common defense,
5. promote the general welfare &
6. secure the blessing of liberty to ourselves and our posterity
Article I
Congress
House - from each state - based on population - apportioned
Serve 2 years
25 years of age, 7 years a US citizen, inhabit state
Chooses its own leader - Speaker of the House
Bills involving revenue start here
Senate - 2 from each state
Serve 6 years
30 years of age, 9 years a US citizen, inhabit state
Vice President is the president of the Senate
Has the power to:
lay and collect taxes, borrow $, regulate commerce,
establish rules of naturalization & bankruptcy, coin $,
establish post offices & post roads, set up lower courts
under Supreme Court, declare war, call forth a militia,
exercise legislation,
Article II
Executive
President - elected for four years
Electoral college selects
Natural born citizen (or citizen when constitution adopted)
35 years of age, resident w/in 14 years
Oath is in this section
Commander in chief of Army, Navy, Militia of states
Can’t get a pay raise/cut while in office
State of the Union address
Article III
Judicial
One Supreme Court
Judges for life – can’t cut during their term
Article IV
Between states
Full Faith and Credit
New states can be admitted
US protects every state
Article V
Amendments to constitution2/3 of both houses or
2/3 of states call for a congressional conference (only the 1st)
Ratified by 3/4 of state legislatures or conventions in 3/4 of the
states
No state w/o its consent shall be deprived of its two votes in the
Senate
Article VI
Debts
Federal government is gonna pay
No religious test to serve
Article VII
Takes 9 states to ratify
Amendments
1st
freedom of religion, of speech, of the press, to assemble
2nd
right to keep and bear arms
3rd
no quartering of soldiers during peace time (no Declaration of War)
4th
unreasonable searches & seizures, warrants
5th
indictments, due process, self incrimination, double jeopardy, eminent
domain
th
6
right to fair and speedy public trial, notice of accusations, confrontation,
subpoenas, right to counsel
7th
right to jury trial in civil cases
8th
no excessive bails and fines or cruel and unusual punishment
9th
unenumerated rights - not list here - people retain it
th
10
State’s have what fed doesn’t - limits federal rights
11th
Immunity of states from suits from out of state citizens & foreigners
foundation for sovereign immunity
12th
Revised presidential election procedure
13th
Abolition of slavery
14th
citizenship, state due process, applies Bill of Rights to states, revises
apportionment of House of Representatives, anyone who rebels against
federal government can’t serve in a public office
15th
Racial suffrage
16th
Allows federal income tax
th
17
direct election to the US Senate
18th
Prohibition of alcohol (repealed by 21st)
19th
Women’s suffrage
20th
Lame duck amendment - congressional term starts 1-3, presidential 1-20
21st
repeals 18th - state and local prohibition permitted
22nd
limits president to 2 years plus 2 terms - 10 year max
rd
23
DC gets representation in Electorial College
24th
Poll taxes repealed
25th
Presidential disabilities
26th
Voting age lowered to 18
27th
Congressional compensation - before raise takes effect, election has to
pass
Constitutional Vocab
Suffrage
right to vote in political elections
abolition
do away with
color
Race
Prohibition
make against the law - specifically alcohol
Electoral College
body that actual selects the president/vice president
Equal protection
laws apply the same
Due process
there is a process -nothing is arbitrary
Ex Post Facto
What was legal yesterday stays legal - laws declaring crimes apply
from effective date forward
Establishment Clause
1st Amendment
Habeas Corpus
bring me the body - check against arbitrary arrest or imprisonment
Legal order bring person in prison before a court so that just cause
can be shown to detain
Bill of Attainder
where the legislature pass a bill declaring a person guilty and sets a
punishment w/o a judicial trial - can=t do it under the constitution
Unenumerated Rights
those rights not listed - citizens have - 9th Amendment
Unenumerated Powers
those not listed, states have - 10th Amendment
14th applies Bill of Rights to states
Poll Tax
$ you had to pay before you could exercise your right to vote
lame duck
politician who’s replacement has already been elected
quartering of soldiers
when authorities force private homes to house soldiers w/o consent
Bill of Rights
first 10 amendments
assemble
gather
keep and bear arms
private use and ownership of guns
indictment
document that formally charges someone with a crime 5th
Amendment, 14th
self-incrimination
testifying against oneself - 5th Amendment, 14th
sovereign immunity
can’t sue the sovereign w/o its permission
sovereign
big boss - where the power lies
eminent domain
concept that sovereign can not take private property for the public
good with out fair and just compensation to owner
double jeopardy
can’t be tried more than once for the same crime - one bite at the
apple 5ht, 14th
confrontation
bring face to face - to deal with - 5th, 14th
subpoena
court document which orders a person or evidence to appear in
court 5th, 14th
gender
male/female
previous condition of servitude
free/slave
naturalized citizen
admitted to citizenship
natural citizen
born a citizen
We the people in order to – government of the people not the states (articles of
confederation)
Form a more perfect union – better than the articles, states bound to federal government –
can break only by violating the law rebellion
Establish justice – rule of law, states retain what is not delegated to feds
Insure domestic tranquility – squash rebellion & to smooth tension between the states
Shay’s Rebellion (western Mass)
PA & CN over Wilkes-Barre in the Wyoming Valley
Also called Pennanite-Yankee War
Settlers originally aligned w/ CN
Provide for the common defense – articles stank here – States only concerned w/ own
militia
Promote the general welfare - welfare – to fare well – health, happiness, prosperity
When Constitution written – not public assistance
Current financial stuff – Goldman Sachs, John Paulson –hedge
fund not related to Hank Paulson US Treasury Secretary & former Goldman Sachs CEO
Derivative - financial instrument – an agreement – value is
determined by the future price of a specific item
Credit default swap – buy a loan etc – buyer gets the $$ if the loan
defaults - sorta kinda like insurance but not really
Like insurance – buyer is betting loan will default
Unlike insurance – no regulation, no reserves, no
ownership required
Secure the blessings of liberty to ourselves and our posterity
Do ordain and establish this constitution for the United States of America –
note the “for”
Preamble – constitutional construction
We the people of the United States, in Order to form a more perfect union, establish justice,
insure domestic Tranquility, provide for the common defense, promote the general Welfare, and
secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this
Constitution for the United States of America.
1. Preamble is not law like const.
2. Statement of intent, goals
3. When we consider the const – often look to preamble
4. Ways to interpret:
a. Original intent – what did the framers intend
b. Modernism/instrumentalism – what would it mean today
c. Literalist - 1. Historical – literal meaning of the words when it was written
2.. Contemporary – what do the words mean today – militia in 2nd
Amendment
would = National Guard today
d. Democratic interpretive/ normative reinforcement–
Constitution is the basic skeleton, the basic set of principals,
contemporary vision builds upon it
framers used deliberately vague phrases such as “due process” and
“equal protection”
5, - also will hear these terms used
a.
Textualists – look to the text , the written words – not the surrounding events – such as
legislative history- often a very narrow interpretation - Justice Hugo Black
b. Strick constructionalist – in line w/ original intent
c. Judicial activism –Justice Wm O Douglas (appointed by FDR)- judges injection personal
views, do through judicial interpretation that which might belong to another branch –
advocates view as judges keeping up with the times
d. Judicial restraint – Justice Felix Frankfurter (appointed by FDR) is seen as the model – leave
legislation for Congress
Federal/State
Exclusive Powers of the National Government
Under the Constitution, powers reserved to the national government include:
Print money (bills and coins)
Declare war
Establish an army and navy
Enter into treaties with foreign governments
Regulate commerce between states and international trade
Establish post offices and issue postage
Make laws necessary to enforce the Constitution
Exclusive Powers of State Governments
Powers reserved to state governments include:
Establish local governments
Issue licenses (driver, hunting, marriage, etc.)
Regulate intrastate (within the state) commerce
Conduct elections
Ratify amendments to the U.S. Constitution
Provide for public health and safety
Exercise powers neither delegated to the national government or prohibited from the states
by the U.S. Constitution (For example, setting legal drinking and smoking ages.)
Powers Shared by National and State Government
Shared, or "concurrent" powers include:
Setting up courts
Creating and collecting taxes
Building highways
Borrowing money
Making and enforcing laws
Chartering banks and corporations
Constitutional Topic: Checks and Balances
Legislative Branch

Checks on the Executive
o Impeachment power (House)
o Trial of impeachments (Senate)
o Selection of the President (House) and Vice President (Senate) in the case of no majority
of electoral votes
o May override Presidential vetoes
Senate approves departmental appointments
Senate approves treaties and ambassadors
Approval of replacement Vice President
Power to declare war
Power to enact taxes and allocate funds
President must, from time-to-time, deliver a State of the Union address
Checks on the Judiciary
o Senate approves federal judges
o Impeachment power (House)
o Trial of impeachments (Senate)
o Power to initiate constitutional amendments
o Power to set courts inferior to the Supreme Court
o Power to set jurisdiction of courts
o Power to alter the size of the Supreme Court
Checks on the Legislature - because it is bicameral, the Legislative branch has a degree of selfchecking.
o Bills must be passed by both houses of Congress
o House must originate revenue bills
o Neither house may adjourn for more than three days without the consent of the other
house
o All journals are to be published
o
o
o
o
o
o
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Executive Branch
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Checks on the Legislature
o Veto power
o Vice President is President of the Senate
o Commander in chief of the military
o Recess appointments
o Emergency calling into session of one or both houses of Congress
o May force adjournment when both houses cannot agree on adjournment
o Compensation cannot be diminished
Checks on the Judiciary
o Power to appoint judges
o Pardon power
Checks on the Executive
o Vice President and Cabinet can vote that the President is unable to discharge his duties
Judicial Branch
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Checks on the Legislature
o Judicial review
o Seats are held on good behavior
o Compensation cannot be diminished
Checks on the Executive
o Judicial review
o Chief Justice sits as President of the Senate during presidential impeachment
Rule of law
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Western concept – goes back to Aristole – “Law should govern” – ancient Romans also had
concept
That said – also found in Bible – Book of Daniel (Persians & Medes- law that King had sign could
not be revoked) & 3rd Century BC china – legalism school of thought
In history – often not secular law – religious law – Islamic Sharia law – Magna Carta was a split –
King John (Disney’s Robin Hood)
Term has been used since the 17th century
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
Modern times – purposes of this class – this by no means a definitive explanation


In the US – it is the secular law that binds us – one of the Founding Fathers goals in the
Constitution was to establish justice – this is our rule of Law
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Constitution, statutes, prior case law (interpretation of const & statutes as applied to facts of
the case at hand)
To Western thought – concept of self determination, consent to government
To Eastern thought – benevolent and virtuous rulers – usually a concept of religion mingled in
Conflict inevitable – investors from Western world want the protection that law offers – Eastern
countries want the trade – now see the concept of Rule of Law developing in China, Vietnam,
India
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Further potential for conflict – if the religious beliefs include a concept that there is only one
right way
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So bottomline: Rule of Law means… laws must exist, must be written w/ clarity, must be
available to be read (published), must not command the impossible, enforcement is to be
consistent w/ the declared rule, laws must be subject to revision in an open manner
Executive Branch
1. Constitution - establishes 2nd - Article 2
2. What did the Founding Fathers have in mind - focus was really on congress - Congress was
all the Articles of Confederation had - Presidential power slowly grew - big growth in
1930s
Andrew Jackson, Lincoln, TR and Wilson - popular, FDR
No monarchy, no dynasty of rulers
No runaway congress
Smooth transition
3. President is the head
35 years old, natural born citizen, 14 years resident
4. Election - indirect, Electoral College
5. Duties:
day - to -day running of the government Constitution says Atake care that the laws be faithfully executed@ Article2, ' 3
Done through agencies
Commander in chief of Armed Forces - Lincoln
Responsible for strategy - can not declare war
appointments - executive (cabinet, ambassadors, etc) and judicial
grants pardons
can play an important role in shaping legislation
6. Powers
Veto - power to reject legislation
veto message - President sends a message to Congress w/in 10 days of receiving the
legislation
pocket veto - w/in 10 days - President doesn=t sign & Congress adjourns for the session
(not for a break - recess)
line item veto – doesn’t have - held unconstitutional
legislative veto - unconstitutional - legislature can’t veto presidential action
Executive privilege – doesn’t have to tell Congress everything he knows
Impoundment of funds - just Congress appropriates, doesn’t mean President has to spend it
War powers – can’t declare war but can send in troups
War Powers Act - Congress= attempt to reign in presidential powers - passed over
Nixon’s veto - all presidents since have viewed as unconstitutional
More control over foreign policy than economic policy - yet viewed as leader often
scapegoat
Make treaties
6. Removal
impeachment - by House (like an indictment)
conviction - by Senate (like a trial)
Grounds - “treason, bribery, or other high crimes and misdemeanors” Article 2,' 4
Electoral College - lecture
1. Indirect election or selection
voters elect/select electors who then meet and elect/select the official
2. History
Holy Roman Empire - 962 - 1806 - emperor
Germanic king
early Christian church rulers - 300 - 600
Catholic church - College of Cardinals
3. Why?
Logistics
Wisdom
4. US - constitution & 12th & 23rd amendments - result of compromise
some wanted popular (direct) election
Va plan - legislature elected
CN compromise- 2 houses -use electors
popular vote - reckless
congress selects - too much power in one branch
5. So how does it work
Based on each state’s representation in Congress plus 3 for DC
so total of 538 - 3 for DC, 100 Senators, 435 members of the House of Representatives
Texas has 34 - 2nd most
Tuesday following the 1st Monday in November -election
popular vote - selects the electors
most (48 + DC) states are winner takes all - who ever wins the popular election gets all of
the electors for that State
Maine & Nebraska do it differently - split the electors
what if there is a tie in a state - small states only - state law controls
who gets to be an elector - US Constitution - can=t be member of Congress, cna=t work
for Federal government, 14th Amendment - can=t have revolted against fed gov=t
State laws controls the rest
December 15 - electoral college Ameets@ - in each State capital -vote, votes sealed - send
to president of senate
Faithless electors - do not vote as pledged
January 6th - opened and counted by Congress
tie - House decides President, Senate decides VPNo decision by House by January 20th - VP is acting until House decides
If Senate hasn’t selected VP then Speaker of the House is until House/Senate decides
6. Application
2x Congress has had to decide - Jefferson 1801, John Quincy Adams 1825
times when one candidate won popular vote but lost electoral vote
4x out of 44 elections
1824 Adams/Jackson
1876 Hayes/Tilden
1888 Harrison/Cleveland
2000 Bush/Gore
Today takes 270 electoral votes to win
7. Changes - over 700 proposed changes
Congress -
Overview - review from Constitution Lecture
Article I
Bicameral - 2 Houses - House of Representatives, Senate
House of Representatives - based on population - total reps 435
2 year terms
25 years old, citizen 7 years, live in State represent
enumerated powers listed in Constitution
revenue
impeach
Senate each state has 2 - total 100
6 year terms
30 years old, citizen 9 years, live in State represent
approve appointments, treaties
Congress can declare war, remove president
Congress can override the President=s veto - cannot veto a Presidential Act
Themes:
Congress is a national legislature composed of directly elected members, does not choose the
executive
Not a parliament - elected officials who pass laws and elect the executive - usually called a prime
minister
Legislative Branch was the main focus of the framers
However, Framers wanted to guarantee checks and balances on Congress= power
Congress has both enumerated and implied powers - know those terms
Vocab
Parliament
elected legislative body that in turn elects the
executive from its ranks
Congress
Bicameral
Enumerate powers
Implied powers
Majority
Minority
Tie
executive
elected legislative body that does not elect the
two houses
spelled out, listed in Constitution Article I, Sec. 8
by way of the Necessary and Proper Clause - last sentence
of Art. I, Sec. 8
Over 50%
less than 50%
50%
Speaker of the House
Presiding officer of House, elected by House - leader of the
party that holds the most seats, does not normally vote but may
Presides over joint sessions of Congress - except when Electoral
College results are opened - Article 12
May appoint a Speaker pro tem or delegate some jobs
Nancy Pelosi - California, D
Succession - 2nd - VP, then Speaker
President of the Senate
VP -Joe Biden - D, NJ - votes only in case of a tie
Succession - 1st - after President
Presides over joint session dealing with Electoral College - Art 12
President Pro Tem
acts when VP not in Senate - senior member of the majority
party in the Senate - Robert Byrd - WV , D
Succession -3rd - VP, Speaker, then President Pro Tem
Party vote
when 90%/50% of the party members vote together
Congressional Caucus
association of the members of Congress created to advocate a
common interest
Committees
standing - Apermanent@
Select - Appointed for limited time and purpose
Joint or conference committees - both houses
Resolutions
not a bill
Simple - expression of an opinion - like operating procedures, not a
law, not signed by president
Concurrent - affects both houses - usually housekeeping type stuff
Not a law, not signed by president
Joint resolution - requires approval by both houses & presidential
signature - is the same as a law
Rule
Riders
All from House Rules Committee
Restrictive - limits amendments
Closed - limits time of discussion
Open - permits a bill to amended on the floor
Unrelated matters tacked on to a bill - they Aride@ through
Christmas Tree Bill
Lots of riders on a bill
Methods of voting
voice vote
Division or standing vote - stand and be counted
Teller vote - only in House- members pass between two teller vote recorded -Put ballot in box
Roll Call vote - vote as name is called- now in House use an
electronic system - Senate does not have electronic
voting
Quorum
gotta have it for a house to act - constitution provides a quorum is a
majority of the members - so 51% of members must be present
before a vote/action can be taken - in Senate 51 members, House
218
lobbying/lobbyist
not a member of congress or government - advances a cause or
issue
Censure
Form of internal disciple
Loss of seniority, fines, condemnation
Expulsion
expelling the member - only has happened 20 time - 17 during
Civil War Era
Filibuster
From Spanish filibustero - freebooter a military adventurer
In the Senate only
Talking a bill to death
Cloture Rule
used in Senate to end or limit debate - 60 Senators must vote for it
Double tracking
setting aside a bill when a filibuster is in effect - allows other
legislation to be considered and prevents total lock down on Senate
Floor
Congressional Session
lasts two years, has two sessions - each session lasts one year
Nuts and Bolts
job - legislate - make the law of the land - govern by law making
so what - what=s the big deal- why do we need laws - game example from first class
Powers are enumerated in Article I, sec. 8 of Constitution - know that
check out page A7 - 8 in book
1. To lay and collect taxes, duties (tax on imports), imposts(extra tax - imposed), & excises
(taxes - usually other than a property tax)
2. Borrow $
3. Regulate commerce - w/ foreign countries, between the states, w/ Indian Tribes
4. Establish uniform laws on naturalization & bankruptcies
5. Coin $, regulate the value, fix standards of weights and measures
6. Provide punishment for counterfeiting securities and coin of US
7. Establish post offices and post roads
8. Promote progress of science and useful arts by securing for a limited time exclusive rights to
inventors and authors - patents and copyrights - trade infringement protection
9. Establish lower federal courts - under Supreme Court
10. Define and punish felonies and piracies committed on the high seas and offenses against
the Law of Nations (public international law - state immunity, human rights)- Barbary PiratesOttoman Empire - Muslim pirates - from late 1000s to early 1800s - big problem - Barbarossa cruel
11. Declare War, grant letters of marque (governmental commission to seize/search - aimed at
the pirate problem)and reprisal (taking back - authorized violation of the laws of war to punish
the enemy - last resort - aimed at the pirate problem - only general can do this), make rules
concerning captures on land and seas
12. Raise and support Army - limits appropriation of $ to two years
13. Provide and maintain a Navy (pirate problem)
14. Make rules and regulations for land and naval forces
15. Provide for calling forth the militia to execute laws of the union - National Guard - states
have rights to appoint officers
16. Legislation - eminent domain - establish federal capital, federal military bases, federal
buildings - courts, post offices etc
17. Necessary and proper clause - also called the elastic clause - where the implied powers
come from
Implied Powers - not listed in Constitution - Art. I, sec. 8 but are powers that while not listed
come from listed powers - Federal Aviation Administration, Federal Broadcasting
Administration, Air Force, internet
Presidential use - Louisiana Purchase
Party influence, coalitions, caucuses
Who are our members to Congress -
House of Representatives
Senate
Randy Neugebauer (Naw-ga- bower) District 19
Kay Bailey Hutchinson
John Cornyn (Corn - in)
How does a bill become a law:
Introduction - H# (house), S# (Senate) - only by a member - only good for one session (2 years)
Committee action
referred to subcommittee
reported to full committee
Rules Committee action
Floor Action
goes to next house - typically similar bills introduced at same time
then Conference Action - compromised version - needs approval by both houses, goes to
President who can sign or veto
If regular veto - Congress can over ride 2/3 of both houses - Senate 67, House 290
What about pocket veto – can’t override - out of session
House-Senate Differences
House
435 members - representation based
on population
serves 2 years, 25 years of age, 7 years citizen
elects leader from rank - Speaker
Only one major committee assignments
Senate
state
100 members - 2 from each
serves 6 years, 30 years of age, 9 years
citizen
leader is President of the
Senate - the VP
President Pro tem- elected - most senior
member of majority party
two or more committee assignments
Speaker very powerful - referral of bill
to a committee hard to buck
President votes only in case of tie
Powerful but not as
powerful as speaker
Referral easily bucked
Committees almost always consider
Committee consideration
easily bypassed
legislation first
Scheduling controlled by majority party
Scheduling usually agreed to by
majority and minority leaders
Rules Committee very powerful
controls time of debate, amendments
amendments
Rules Committee weak
very few limits on debate and
Debate - typically limited to 1 hour
Debate - no limits unless
unanimous consent or invoking cloture
Non-germane amendments (riders) may not be
introduced on the floor - gotta do it in committee
Non-germane amendments (riders) may be
introduced on the floor
Appropriation must start here
Treaties and appointments
Impeachment (indictment)
Decides President if Electoral College tied
Address as Representative or
Congressman/woman/person
Conviction (trial)
Decides VP if Electoral College tied
Address as Senator
House Senate Similarities
Directly elected from each state
Meet as a body in Washington DC
Introduce and pass legislation
Member of Congress - refers to member of either house
appointed to committees
Seniority counts - think rank has its privilege
In House - get to swear in Speaker, called Dean of the House
In Senate - if in majority party - President Pro Tem
Privileges include
Provided with office space and staff, travel expenses, good trips
Franking - signature counts as stamp- Post Office is reimbursed out budget
Good retirement - up to 80% of the average of the top 3 years
Freedom from arrest on floor or traveling to and from - unless treason,
felony, breach of peace
Freedom of debate - what=s said on the floor during debate is protected
from a slander suit - however, each house can disciple their own members
a criminal case
Contempt of Congress - like an indictment - proceeds in judicial branch as
Judicial Branch
1. 2 separate courts systems - Federal (under the Constitution & laws of Congress) and State
2. Third branch - judicial review
independent judiciary
3. Constitution establishes only the Supreme Court - specifically provides that Congress shall set
up lower courts
4. Constitution is the ultimate law of the land
Marbury v. Madison
5. Supreme Court - 9 judges, serve basically for life, appointed by President, confirmed by
Senate, removal by impeachment
sit as a whole
6. Terms
Trial
Appeal/appellate
Civil
Criminal
Original jurisdiction
Appellate jurisdiction
Case in controversy
Advisory opinion
Discretionary appeal
Rule of law
Judicial review
Independent judiciary
Judicial restraint
Supreme law of the land
7. System - federal
Federal district court - trial court - 94 in US
Appellate courts - 11 Circuit Courts of Appeal (intermediate) - we are in the 5th Circuit COA
1 Supreme Court – final
Federal Government
Semester review
Wrap it up
Where does the sovereignty lie?
How do we know that?
People
Constitution
What was the goal of the framers? Form a more perfect union
Establish justice
Insure domestic tranquility
Provide for the common defense
`
Promote general welfare
Secure the blessings of liberty for ourselves and our
posterity
What did they do to achieve that? Federal & State government
Separation of powers
Checks and balances
How does it work?
Legislative branch
Judicial branch
Gotta know
Executive -
Executive branch
enforce the law
make the law
interpret the law
How a bill gets passed
What the branches can and can=t do
Checks and balances
Vocab
Electoral College
Amendments
enforces the law
consists of President, VP, Cabinet, Agencies
President 35 years old, natural born, indirectly elected
President appoints members of cabinet & judges w/ advise and consent of Senate
Czars - administrative head w/ power - appted but not confirmed
President is indirectly elected - electoral college
President is commander in chief of the armed forces, is the figure head of hte
country, also our premier statesman
Powers: send troops, appoint, enter into treaties, veto legislation
Can not declare war
Legislature - makes the law
2 houses - bicameral
House -
population,
2 year terms
25 years old, citizen 7 years, live in State represent
enumerated powers listed in Constitution
revenue
impeach
More rules, more committees/sub committees
Leadership - speaker - elected - current Nancy Pelosi
Our representative - Randy Neugebauer
Senate
each state has 2 - total 100
6 year terms
30 years old, citizen 9 years, live in State represent
approve appointments, treaties
Trial in impeachment process
Less rules - less limits on debate - filibuster/cloture/double
tracking
Leadership - VP, then President Pro tem - seniority - current VP Joe Biden, President Pro tem - Robert Byrd
Texas Senators - John Cornyn, Kay Bailey Hutchinson
Has enumerated & implied powers
Enumerated - Article 1
Implied - necessary and proper clause
Declare war
Approve treaties
Coin $
Budget
Military
Approve appointments
Impeachment of executive and judiciary
Establish lower courts
Impeachment - 2 step process
House impeaches - like an indictment
Senate tries
How does a bill become a law
idea
written into a bill
Introduced
assigned a committee/subcommittee
debate, amended
to the floor
voted on
next house - same thing
differences are hashed out in a conference committee
each house votes - must pass in same form
to President - can sign, outright veto, pocket veto if end of session, no line item veto
if veto - each house must override
Judiciary
interprets the law
Everything measured against the constitution
Constitution - only established the Supreme Court
Congress has established trial court (District) and Courts of Appeals
All judges appointed for life - executive appoints, Senate confirms
Supreme Court - 9 justices - sit all together - final not always right but final
Chief Justice is John Roberts
Independent judiciary
judicial review - established by Marbury v Madison
Judicial restraint
Congress can’t cut salary, can be removed by impeachment
Checks and balances