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Exam 2 - Flashcards

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Class:PSCI 211 - Princ of US and Tex Gov-HONORS
Subject:Political Science - PSCI
University:Texas A & M University-Commerce
Term:Spring 2012
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The Articles of Confederation America's first written constitution; served as the basis for America's national government until 1787
amendment a change added to a bill, law, or constitution
Antifederalists those who favored strong state governments and a weak national government, and were opponents of the constitution proposed at the American Constitutional Convention of 1787
bicameral a two-chambered legislature; opposite of unicameral
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Bill of Rights the first ten amendments tot he Constitution, which guarantee certain rights and liberties to the people
Check and Balances mechanisms through which each branch of government is able to participate in and influence the activities of the other branches. Major examples include the presidential veto power over congressional legislation, the power of the Senate to approve presidential appointments, and judicial review of congressional enactments
confederation a system of government with a weak national government but strong states or provinces
elastic clause a phrase in Article 1, Section 8, of the Constitution( also known as the necessary and proper clause) which provides Congress with the authority to make all laws necessary and proper to carry out the other powers given to Congress
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electoral college the presidential electors from each state who meet after the popular election to cast ballots for president and vice president
expressed powers specific powers granted to Congress in the Constitution
federalism a system of government in which power is divided, by a constitution, between the central (national) government and regional (state) governments
Federalist Papers a series of essays written by James Madison, Alexander Hamilton, and John Jay supporting the ratification of the Constitution
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Federalists those who favored a strong national government and supported the constitution proposed at the American Constitutional Convention of 1787
Great Compromise the agreement reached at the Constitutional Convention of 1787 where representation in the House of Representatives would be apportioned according the number of inhabitants in each state, but in the Senate each state would have an equal vote regardless of its population
institutional racism rules or laws that protect or perpetuate the oppression of racial groups
judicial review  the power of the courts to rule on the constitutionality of actions of the legislative and executive branches, or the states. The Supreme Court asserted this power in Marbury vs. Madison
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limited government  a government whose powers are defined and limited by a constitution
New Jersey Plan a framework for the Constitution, introduces by William Paterson, which called for equal state representation in the national legislature regardless of population
supremacy clause Article VI of the Constitution, which states that laws passed by the national government and all treaties "shall be the supreme law of the land" and superior to all laws adopted by any state or any subdivision
Three-fifths compromise the agreement reached at the Constitutional Convention of  1787 that stipulated that for purposes of the apportionment of congressional seats, five slaves would count as three free persons
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tyranny oppressive and unjust government that employs cruel and unjust use of power and authority
Virginia Plan a framework for the constitution, introduced by Edmund Randolph, which provided for a system of representation in the national legislature based upon the population of each state
block grants federal grants that allow states considerable leeway or discretion in how the funds should be spent
categorical grants Congressional grants given to  states and localities on the condition that expenditures by limited to a problem or group specified by law
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commerce clause Article 1, Section 8 of the Constitution, which delegates to Congress the power "to regulate Commerce with foreign nations, and among the several states and with the indian tribes" The Supreme Court interpreted this clause in favor of national power over the economy
concurrent powers powers exercised by both the federal and the state governments
confederation a system of government with a weak national government but strong states or provinces
cooperative federalism federalism existing since the New Deal era in which grants-in-aid have been used strategically to encourage states and localities to pursue nationally defined goals, with national and state government sharing powers and resources via intergovernmental cooperation
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devolution a policy to remove a program from one level of government by delegating it or passing it down to a lower level of government, such as from the national government to the state and local governments
dual federalism the system of government that prevailed in the United States from 1789 to 1930's in which the powers of the national government and the states were considered entirely separate and distinct from each other; during this time, the states possessed a vast amount of governing power
expressed powers specific powers granted to Congress in the Constitution
federalism  a system of government in which power is divided, by a constitution, between the central (national) government and regional (state) governments
Generated by Koofers.com
full faith and credit clause provision from Article IV, SEction 1 of the Constitution, requiring that the states normally honor the public acts and judicial decision that take place in another state
grants-in-aid programs through with Congress provides money to state and local governments on the condition that the funds by employed for purposes defined by the federal governments
home rule power delegated by the state to a local unit of government to manage its own affairs
implied powers power derived from the necessary and proper clause of Article I, Section 8, of the Constitution. Such powers are not specifically expressed, but are implied through the expansive interpretation of delegated powers
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necessary and proper clause from Article I, Section 8 of the Constitution, it provides congress with the authority to make all laws necessary and proper to carry out its expressed powers
police power power reserved to the government to regulate the health, safety, and morals of its citizens
preemption  the principle that allows the national government to override state or local actions in certain policy areas
privileges and immunities clause provision from Article IV, Section 2 of the constitution, that citizens of one state should be entitled to similar treatment in other states
Generated by Koofers.com
reserved powers the Tenth Amendment to the Constitution that aims to reserve powers to the states
revenue sharing  the process by which the national government provides money to local governments and counties with no strings attached
states' rights the principle that the states should oppose the increasing authority of the national government. This principle was most popular in the period before the Civil War
unfunded mandates regulations or conditions for receiving grants that impose costs on state and local governments for which they are not reimbursed by the federal government
Generated by Koofers.com
unitary system a governing system that gives most power to the federal or national government
Texas Constitution the basic document that provides a framework for government and limits what the government can do
political culture drives institutions the basic structure and organization of state government are molded by the political culture of the state
popular sovereignty  the idea that power granted in state constitutions rests with the people
Generated by Koofers.com
constitutions are a contract state constitutions are contracts between the citizen and the government that limit the power of government
constitutions are a limitation on the power of government state constitutions limit what government can do. without limitations governments can do anything
Separation of Powers power divided between the legislative, executive, and judicial branches of government
bill of rights a list of individual rights and freedoms granted to citizens within the state constitution
Generated by Koofers.com
supremacy clause a clause that makes a state constitution superior to state and local laws
earmarked taxes tax money dedicated to a specific expenditure. gasoline tax goes to highways
initiative a process that allows citizens to propose changes to the state constitution through the use of petitions signed by registered voters. Texas does not have these procedures at the state level
constitutional convention an assembly of citizens who may propose changes to state constitutions for voter approval
Generated by Koofers.com
ballot wording description of a proposed amendment as it appears on the ballot. can be non-instructive and misleading to voters 
Permanent University Fund (PUF) an example of special interests being protected within the state constitution
federal system of government the division of powers between a d national government and regional governments
unitary form of government  a system of government where all functions of government are controlled by the central/national government
Generated by Koofers.com
confederate system of government a system that divides power between a national government and regional governments with the regional governments having most of the power
Tenth Amendment Amendment of the Federal Constitution that delegates or reserves some powers to the state governments or to the people
Necessary and Proper Clause Statement in Article 1, Section 8, paragraph 18, that says Congress can pass any law necessary and proper to carry out other powers. aka elastic clause
Interstate Commerce Clause Article in U.S. Constitution that gives Congress the exclusive power to regulate commerce between the states. Congress and the courts determine what is interstate commerce
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Equal Protection and Due Process of Law Clause Clause in the Fourteenth Amendment of the U.S. Constitution that requires states to treat all citizens equally
promote general welfare clause in the U.S. Constitution that allows Congress to provide money to state governments to carry out functions that are not part of the federal government's powers. and example would be education
Full Faith and Credit Clause in Article 4, that requires states to recognize the laws and judicial acts of other states, such as marriage and divorce
Privileges and Immunities of Citizenship Clause in Article 4 that allows states to treat residents and non-residents differently. An example is out-of-state tuition
Generated by Koofers.com
political action committee (PAC) spin-offs of interest groups that collect money for campaign contributions and other activity 
membership organizations interest groups that have individual citizens as members, such as the Nation Rifle Association
nonmembership organizations interest groups that represent corporations and businesses and do not have broad-based citizen support
government organizations interest groups that represent state and local governments. Called SLIGs for state and local interest groups
Generated by Koofers.com
peak business organizations interest groups that represent statewide business organizations, such a s state Chamber of Commerce
trade associations interest groups that represent more specific business interests
professional associations state and local employee organizations that generally require a license and lack the right to collective bargaining
collective bargaining the right of union members to force governments to enter into negotiations
Generated by Koofers.com
League of United Latin American Citizens (LULAC) largest organization representing Latinos in Texas
state and local interest groups (SLIGs) interest groups that represent state and local governments, such as Texas Association of Counties
lobbying the practice of attempting to influence the legislature, originally by catching members in the lobby of the capitol
Texas Ethics Commission state agency responsible for enforcing requirements for interest groups and candidates for public office to report information on money collected and activiites
Generated by Koofers.com
electioneering various activities engaged in by interest groups to try and influence the outcome of elections
influential members interest groups having members that can influence members of the legislature, such as the Texas Municipal League with mayors and council members
geographic distribution some interest groups have representatives in all regions of the state
astroturf a policial term for an interest group that appears to have many grassroots members but in fact does not have any active members
Generated by Koofers.com
fragmented government structure a government structure where power is dispersed to many state agencies with no central control
capture the situation in which a state agency or board falls under the heavy influence of its constituency interest groups
the Constitution
  • the fundamental principle of legislative construction
  • preamble- what the document exists for
  • articles-serve particular functions
Article 1
  • discusses the legislative branch
  • most powerful
  • makes laws
  • most dangerous because it reflects the will of the people and translates our desires to action
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Article 1 Section 1 Senate and House
Article 1 Section 2
  • House of Representatives
  • elected every 2 years
  • apportioned by population
  • the people's branch
Article 1 Section 3
  • Senate
  • appointed by states every 6 years
  • staggered terms
  • VP is the presiding officer of the Senate
  • court of impeachments
Article 1 Section 4
  • Congress and elections
  • there is no national election(either state or local)
  • there is a national election day
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Article 1 Section 5
  • rules of House and Senate
  • each is the judge of their own house 
Article 1 Section 6
  • can't be arrested during Congress
  • can't hold another office when in a legislative institution
Article 1 Section 7
  • Legislative process
  • How a bill becomes law
Article 1 Section 8 What can the national government do?
  • grant of power
  • make all laws (Necessary and Proper Clause) aka elastic clause
  • Congress can do anything as long as it can be justified
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Article 1 Section 9 What Congress can't do.
  • can't outlaw slave trade until 1808
  • can't pass Ex post facto laws- making something illegal after its committed so they can be punished
  • writ of Habeus Corpus (surrender the body)- you can't be thrown in jail without evidence. This secures our freedom
  • no Bill of Attainder- law that assesses punishment without benefit of trial
Reasons why James Madison opposed a Bill of Rights
  • Walmart principle: you have a list and forget something very important
  • creates a government of limited powers and serves as a bill of rights itself>the constitution
  • every state constitution has a bill of rights so it will be redundant
  • Article 1 Section 9-encompasses essential rights people need
Article 1 Section 10 limitations on what states can do
Constitutional Convention shaped the presidency
  • presidency exists apart from legislature (rooted in the Constitution)
  • single person as chief executive (president) some thought we should have an executive council
  • created a system of selection outside of normal legislative channels
  • president serves a fixed term- unlimited eligibility (only can be impeached)
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Powers of the President
  • commander in chief of the armed forces (U.S. citizens do not have a commander in chief, only members of the army)
  • grant reprieves and pardons to offenses against the U.S.
  • chief diplomat- makes treaties and appoints ambassadors (with advice and consent from the Senate)
  • responsible for informing Congress as to the State of the Union (every January) 
  • makes sure laws are faithfully executed
the president's powers have grown since the founding because...
  • historical circumstances
  • rise of positive (activist) state
  • more centralized power because of industrialization
  • great power requires a strong government response
  • government in crisis requires a strong government response
  • decline in Congress
  • growth of Democracy
How we select the President
  • must have 270 electoral votes 
  • popular vote doesn't matter, its all about the electoral college votes
  • maximum of 10 years
  • 2 terms of 4 years
25th Amendment
  • president can only serve 2 terms or 10 years
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12th Amendment
  • President and VP ballots are separate
electoral college
  • 438 electors
  • number of representatives and senators
  • all states are winner takes all except 2 states (Nebraska and Maine)
  • tends to skew the vote 
Article 3
  • supreme court and smaller courts
Impeachment
  • occurs in the House of Representatives 
  • indictment of the president and accusations
  • requires majority of representatives in favor of impeachment
  • after the House, it moves to the Senate for consideration of removal
  • Senate acts as court (Article 1 Section 3)
  • 2/3 senate vote to convict
  • extends to executive branch and judiciary
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When the VP is being impeached...
  • VP serves as presiding officer of Senate usually
  • in the case of his impeachment, the chief justice serves as presiding officer in the senate
Article 4 Section 1
  • Full Faith and Credit Clause- legal contracts in one state will be recognized in another state
Article 4 Section 2
  • Privilege and Immunity Clause- rights, privileges, and immunities carry from state to state
  • we have the right to travel freely
  • allows states to treat residents and non-residents differently
Article 4 Section 4
  •  every state has a republican constitution
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Article 5
  • how to amend the constitution
Article 6
  • debt
  • Supremacy Clause- supreme law consists of the Constitution, Laws of U.S in pursuance thereof, and treaties made under the authority of the U.S.
Article 7
  • how will the constitution come into effect?
  • backhanded way of getting around Congress
The Federalist
  • wanted to create self-government with justice
  • we have to make sure people are represented in government (popular sovereignty) 
  • pure democracies are doomed because they fluctuate between tyranny and anarchy
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Popular and Democratic Regimes Suffer from _____. Faction!
What is Faction?
  • a number of citizens (majority or minority) who unite by some passion or interest adverse to
  • rises from passions and desires
  • destroyed popular government and societies
What are the causes of faction?
  • natural fallibility of humans and our belief that we are right
  • unequal distribution of property
  • conflicting interests( religion, politics); we have to have liberty to have faction
  • minority factions are not a problem; only majority factions are a problem
How to solve the problem of faction. These ideas are proposed by Publius and then rejected.
  • created will independent of the majority in the community (like a king)
  • enlightened statesmen (they were corruptible and what if there were none available?)
  • design parchment barriers (ex: Constitution); inadequate bc people will break the law
  • good people will lead to good government (we will confuse our interests with what is truly good)
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Solutions to faction in the Constitution
  • extend the sphere of the regime (a wider variety of passions and interests are less likely to form a majority from such a large group of people)
  • large regime requires a representative government (refine and enlarge the public's views)
_____ allows us to overcome faction. Deliberation!
How to overcome faction
  • separation of powers
  • bicameral legislature
  • staggered terms- Senate
  • checks and balances
Problems with the Federalist?
  • no definition or criteria for what the public good is (people equate their wants with the public good)
  • no definition of virtue or how we transmit it from generation to generation
  • never discusses civic education
  • the description of Congress is not realistic; Publius has the constitutional convention in mind as how Congress will work but it has never worked that way
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separation of powers the division of governmental power among several institutions that must cooperate in decision making
Article 4 Section 3
  • how states admitted 
Article 2
  • presidential powers
  • how the president is elected
  • impeachment process
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List View: Terms & Definitions

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 The Articles of ConfederationAmerica's first written constitution; served as the basis for America's national government until 1787
 amendmenta change added to a bill, law, or constitution
 Antifederaliststhose who favored strong state governments and a weak national government, and were opponents of the constitution proposed at the American Constitutional Convention of 1787
 bicamerala two-chambered legislature; opposite of unicameral
 Bill of Rightsthe first ten amendments tot he Constitution, which guarantee certain rights and liberties to the people
 Check and Balancesmechanisms through which each branch of government is able to participate in and influence the activities of the other branches. Major examples include the presidential veto power over congressional legislation, the power of the Senate to approve presidential appointments, and judicial review of congressional enactments
 confederationa system of government with a weak national government but strong states or provinces
 elastic clausea phrase in Article 1, Section 8, of the Constitution( also known as the necessary and proper clause) which provides Congress with the authority to make all laws necessary and proper to carry out the other powers given to Congress
 electoral collegethe presidential electors from each state who meet after the popular election to cast ballots for president and vice president
 expressed powersspecific powers granted to Congress in the Constitution
 federalisma system of government in which power is divided, by a constitution, between the central (national) government and regional (state) governments
 Federalist Papersa series of essays written by James Madison, Alexander Hamilton, and John Jay supporting the ratification of the Constitution
 Federaliststhose who favored a strong national government and supported the constitution proposed at the American Constitutional Convention of 1787
 Great Compromisethe agreement reached at the Constitutional Convention of 1787 where representation in the House of Representatives would be apportioned according the number of inhabitants in each state, but in the Senate each state would have an equal vote regardless of its population
 institutional racismrules or laws that protect or perpetuate the oppression of racial groups
 judicial review the power of the courts to rule on the constitutionality of actions of the legislative and executive branches, or the states. The Supreme Court asserted this power in Marbury vs. Madison
 limited government a government whose powers are defined and limited by a constitution
 New Jersey Plana framework for the Constitution, introduces by William Paterson, which called for equal state representation in the national legislature regardless of population
 supremacy clauseArticle VI of the Constitution, which states that laws passed by the national government and all treaties "shall be the supreme law of the land" and superior to all laws adopted by any state or any subdivision
 Three-fifths compromisethe agreement reached at the Constitutional Convention of  1787 that stipulated that for purposes of the apportionment of congressional seats, five slaves would count as three free persons
 tyrannyoppressive and unjust government that employs cruel and unjust use of power and authority
 Virginia Plana framework for the constitution, introduced by Edmund Randolph, which provided for a system of representation in the national legislature based upon the population of each state
 block grantsfederal grants that allow states considerable leeway or discretion in how the funds should be spent
 categorical grantsCongressional grants given to  states and localities on the condition that expenditures by limited to a problem or group specified by law
 commerce clauseArticle 1, Section 8 of the Constitution, which delegates to Congress the power "to regulate Commerce with foreign nations, and among the several states and with the indian tribes" The Supreme Court interpreted this clause in favor of national power over the economy
 concurrent powerspowers exercised by both the federal and the state governments
 confederationa system of government with a weak national government but strong states or provinces
 cooperative federalismfederalism existing since the New Deal era in which grants-in-aid have been used strategically to encourage states and localities to pursue nationally defined goals, with national and state government sharing powers and resources via intergovernmental cooperation
 devolutiona policy to remove a program from one level of government by delegating it or passing it down to a lower level of government, such as from the national government to the state and local governments
 dual federalismthe system of government that prevailed in the United States from 1789 to 1930's in which the powers of the national government and the states were considered entirely separate and distinct from each other; during this time, the states possessed a vast amount of governing power
 expressed powersspecific powers granted to Congress in the Constitution
 federalism a system of government in which power is divided, by a constitution, between the central (national) government and regional (state) governments
 full faith and credit clauseprovision from Article IV, SEction 1 of the Constitution, requiring that the states normally honor the public acts and judicial decision that take place in another state
 grants-in-aidprograms through with Congress provides money to state and local governments on the condition that the funds by employed for purposes defined by the federal governments
 home rulepower delegated by the state to a local unit of government to manage its own affairs
 implied powerspower derived from the necessary and proper clause of Article I, Section 8, of the Constitution. Such powers are not specifically expressed, but are implied through the expansive interpretation of delegated powers
 necessary and proper clausefrom Article I, Section 8 of the Constitution, it provides congress with the authority to make all laws necessary and proper to carry out its expressed powers
 police powerpower reserved to the government to regulate the health, safety, and morals of its citizens
 preemption the principle that allows the national government to override state or local actions in certain policy areas
 privileges and immunities clauseprovision from Article IV, Section 2 of the constitution, that citizens of one state should be entitled to similar treatment in other states
 reserved powersthe Tenth Amendment to the Constitution that aims to reserve powers to the states
 revenue sharing the process by which the national government provides money to local governments and counties with no strings attached
 states' rightsthe principle that the states should oppose the increasing authority of the national government. This principle was most popular in the period before the Civil War
 unfunded mandatesregulations or conditions for receiving grants that impose costs on state and local governments for which they are not reimbursed by the federal government
 unitary systema governing system that gives most power to the federal or national government
 Texas Constitutionthe basic document that provides a framework for government and limits what the government can do
 political culture drives institutionsthe basic structure and organization of state government are molded by the political culture of the state
 popular sovereignty the idea that power granted in state constitutions rests with the people
 constitutions are a contractstate constitutions are contracts between the citizen and the government that limit the power of government
 constitutions are a limitation on the power of governmentstate constitutions limit what government can do. without limitations governments can do anything
 Separation of Powerspower divided between the legislative, executive, and judicial branches of government
 bill of rightsa list of individual rights and freedoms granted to citizens within the state constitution
 supremacy clausea clause that makes a state constitution superior to state and local laws
 earmarked taxestax money dedicated to a specific expenditure. gasoline tax goes to highways
 initiativea process that allows citizens to propose changes to the state constitution through the use of petitions signed by registered voters. Texas does not have these procedures at the state level
 constitutional conventionan assembly of citizens who may propose changes to state constitutions for voter approval
 ballot wordingdescription of a proposed amendment as it appears on the ballot. can be non-instructive and misleading to voters 
 Permanent University Fund (PUF)an example of special interests being protected within the state constitution
 federal system of governmentthe division of powers between a d national government and regional governments
 unitary form of government a system of government where all functions of government are controlled by the central/national government
 confederate system of governmenta system that divides power between a national government and regional governments with the regional governments having most of the power
 Tenth AmendmentAmendment of the Federal Constitution that delegates or reserves some powers to the state governments or to the people
 Necessary and Proper ClauseStatement in Article 1, Section 8, paragraph 18, that says Congress can pass any law necessary and proper to carry out other powers. aka elastic clause
 Interstate Commerce ClauseArticle in U.S. Constitution that gives Congress the exclusive power to regulate commerce between the states. Congress and the courts determine what is interstate commerce
 Equal Protection and Due Process of Law ClauseClause in the Fourteenth Amendment of the U.S. Constitution that requires states to treat all citizens equally
 promote general welfareclause in the U.S. Constitution that allows Congress to provide money to state governments to carry out functions that are not part of the federal government's powers. and example would be education
 Full Faith and CreditClause in Article 4, that requires states to recognize the laws and judicial acts of other states, such as marriage and divorce
 Privileges and Immunities of CitizenshipClause in Article 4 that allows states to treat residents and non-residents differently. An example is out-of-state tuition
 political action committee (PAC)spin-offs of interest groups that collect money for campaign contributions and other activity 
 membership organizationsinterest groups that have individual citizens as members, such as the Nation Rifle Association
 nonmembership organizationsinterest groups that represent corporations and businesses and do not have broad-based citizen support
 government organizationsinterest groups that represent state and local governments. Called SLIGs for state and local interest groups
 peak business organizationsinterest groups that represent statewide business organizations, such a s state Chamber of Commerce
 trade associationsinterest groups that represent more specific business interests
 professional associationsstate and local employee organizations that generally require a license and lack the right to collective bargaining
 collective bargainingthe right of union members to force governments to enter into negotiations
 League of United Latin American Citizens (LULAC)largest organization representing Latinos in Texas
 state and local interest groups (SLIGs)interest groups that represent state and local governments, such as Texas Association of Counties
 lobbyingthe practice of attempting to influence the legislature, originally by catching members in the lobby of the capitol
 Texas Ethics Commissionstate agency responsible for enforcing requirements for interest groups and candidates for public office to report information on money collected and activiites
 electioneeringvarious activities engaged in by interest groups to try and influence the outcome of elections
 influential membersinterest groups having members that can influence members of the legislature, such as the Texas Municipal League with mayors and council members
 geographic distributionsome interest groups have representatives in all regions of the state
 astroturfa policial term for an interest group that appears to have many grassroots members but in fact does not have any active members
 fragmented government structurea government structure where power is dispersed to many state agencies with no central control
 capturethe situation in which a state agency or board falls under the heavy influence of its constituency interest groups
 the Constitution
  • the fundamental principle of legislative construction
  • preamble- what the document exists for
  • articles-serve particular functions
 Article 1
  • discusses the legislative branch
  • most powerful
  • makes laws
  • most dangerous because it reflects the will of the people and translates our desires to action
 Article 1 Section 1Senate and House
 Article 1 Section 2
  • House of Representatives
  • elected every 2 years
  • apportioned by population
  • the people's branch
 Article 1 Section 3
  • Senate
  • appointed by states every 6 years
  • staggered terms
  • VP is the presiding officer of the Senate
  • court of impeachments
 Article 1 Section 4
  • Congress and elections
  • there is no national election(either state or local)
  • there is a national election day
 Article 1 Section 5
  • rules of House and Senate
  • each is the judge of their own house 
 Article 1 Section 6
  • can't be arrested during Congress
  • can't hold another office when in a legislative institution
 Article 1 Section 7
  • Legislative process
  • How a bill becomes law
 Article 1 Section 8What can the national government do?
  • grant of power
  • make all laws (Necessary and Proper Clause) aka elastic clause
  • Congress can do anything as long as it can be justified

 Article 1 Section 9What Congress can't do.
  • can't outlaw slave trade until 1808
  • can't pass Ex post facto laws- making something illegal after its committed so they can be punished
  • writ of Habeus Corpus (surrender the body)- you can't be thrown in jail without evidence. This secures our freedom
  • no Bill of Attainder- law that assesses punishment without benefit of trial
 Reasons why James Madison opposed a Bill of Rights
  • Walmart principle: you have a list and forget something very important
  • creates a government of limited powers and serves as a bill of rights itself>the constitution
  • every state constitution has a bill of rights so it will be redundant
  • Article 1 Section 9-encompasses essential rights people need
 Article 1 Section 10limitations on what states can do
 Constitutional Convention shaped the presidency
  • presidency exists apart from legislature (rooted in the Constitution)
  • single person as chief executive (president) some thought we should have an executive council
  • created a system of selection outside of normal legislative channels
  • president serves a fixed term- unlimited eligibility (only can be impeached)
 Powers of the President
  • commander in chief of the armed forces (U.S. citizens do not have a commander in chief, only members of the army)
  • grant reprieves and pardons to offenses against the U.S.
  • chief diplomat- makes treaties and appoints ambassadors (with advice and consent from the Senate)
  • responsible for informing Congress as to the State of the Union (every January) 
  • makes sure laws are faithfully executed
 the president's powers have grown since the founding because...
  • historical circumstances
  • rise of positive (activist) state
  • more centralized power because of industrialization
  • great power requires a strong government response
  • government in crisis requires a strong government response
  • decline in Congress
  • growth of Democracy
 How we select the President
  • must have 270 electoral votes 
  • popular vote doesn't matter, its all about the electoral college votes
  • maximum of 10 years
  • 2 terms of 4 years
 25th Amendment
  • president can only serve 2 terms or 10 years
 12th Amendment
  • President and VP ballots are separate
 electoral college
  • 438 electors
  • number of representatives and senators
  • all states are winner takes all except 2 states (Nebraska and Maine)
  • tends to skew the vote 
 Article 3
  • supreme court and smaller courts
 Impeachment
  • occurs in the House of Representatives 
  • indictment of the president and accusations
  • requires majority of representatives in favor of impeachment
  • after the House, it moves to the Senate for consideration of removal
  • Senate acts as court (Article 1 Section 3)
  • 2/3 senate vote to convict
  • extends to executive branch and judiciary
 When the VP is being impeached...
  • VP serves as presiding officer of Senate usually
  • in the case of his impeachment, the chief justice serves as presiding officer in the senate
 Article 4 Section 1
  • Full Faith and Credit Clause- legal contracts in one state will be recognized in another state
 Article 4 Section 2
  • Privilege and Immunity Clause- rights, privileges, and immunities carry from state to state
  • we have the right to travel freely
  • allows states to treat residents and non-residents differently
 Article 4 Section 4
  •  every state has a republican constitution
 Article 5
  • how to amend the constitution
 Article 6
  • debt
  • Supremacy Clause- supreme law consists of the Constitution, Laws of U.S in pursuance thereof, and treaties made under the authority of the U.S.
 Article 7
  • how will the constitution come into effect?
  • backhanded way of getting around Congress
 The Federalist
  • wanted to create self-government with justice
  • we have to make sure people are represented in government (popular sovereignty) 
  • pure democracies are doomed because they fluctuate between tyranny and anarchy
 Popular and Democratic Regimes Suffer from _____.Faction!
 What is Faction?
  • a number of citizens (majority or minority) who unite by some passion or interest adverse to
  • rises from passions and desires
  • destroyed popular government and societies
 What are the causes of faction?
  • natural fallibility of humans and our belief that we are right
  • unequal distribution of property
  • conflicting interests( religion, politics); we have to have liberty to have faction
  • minority factions are not a problem; only majority factions are a problem
 How to solve the problem of faction. These ideas are proposed by Publius and then rejected.
  • created will independent of the majority in the community (like a king)
  • enlightened statesmen (they were corruptible and what if there were none available?)
  • design parchment barriers (ex: Constitution); inadequate bc people will break the law
  • good people will lead to good government (we will confuse our interests with what is truly good)
 Solutions to faction in the Constitution
  • extend the sphere of the regime (a wider variety of passions and interests are less likely to form a majority from such a large group of people)
  • large regime requires a representative government (refine and enlarge the public's views)
 _____ allows us to overcome faction.Deliberation!

 How to overcome faction
  • separation of powers
  • bicameral legislature
  • staggered terms- Senate
  • checks and balances
 Problems with the Federalist?
  • no definition or criteria for what the public good is (people equate their wants with the public good)
  • no definition of virtue or how we transmit it from generation to generation
  • never discusses civic education
  • the description of Congress is not realistic; Publius has the constitutional convention in mind as how Congress will work but it has never worked that way
 separation of powersthe division of governmental power among several institutions that must cooperate in decision making
 Article 4 Section 3
  • how states admitted 
 Article 2
  • presidential powers
  • how the president is elected
  • impeachment process
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