ALL of the Government notes
ALL of the Government notes PSCI 1040
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TEST 1 Notes People Set up government to ○ Keep order ○ Provide common goods Governments have legitimate powers which citizens respect Through government we create social order to achieve common good When we give u freedom to keep Order we allow the government to set rules to limit that power when scale order breaks down it results in disasters Common gods ○ Road ○ Education ○ Library ○ Health care The questions we ask ○ What are humans really like? ■ Soup kitchens and food banks show that people can be good not just with time but also money ■ Giving organs ■ The older you get the blinder you become to the evil in the world ● Everyone has a different correct answer ● The worse you think people are the harsher the laws we need because we don't think people can behave ○ Do people have rights ■ We see rights differently than we do into other countries ■ some countries there are laws that say women are second class and is Controlled by men and subsequently women have shorter life expectancy ■ declaration of independence “....we have certain inalienable rights” ● Our rights have nothing to do with the government the government is only there to protect our rights. ○ Does. Government exist for the good of the individual or God of collective ■ We think here that the government is there for me not the group such that we can thrive ■ There are times that we go for the good of the collective ● We can't build our huge resort because there are rare birds n my land and if I build a resort they will die. ● Russia is this way ○ Teacher doesn't like puttin ○ One outspoken person will kill the whole society ○ America says you have that right Russia says go to siberia ○ What is the proper balance between freedom and order ■ liberals in social matters the government needs to stay out ● We have had laws over time to allow them to invade the sanctity of bedroom ■ Republicans say people can't be trusted to behave ■ Big question since 911 ● Are you willing to give up your freedom to make sure you are safe ● Two things are certain in life, life and death ● More order is less freedom Types of government ○ Monarchies ■ Ruler inherits the position through birth ■ Queen Elizabeth 2 ● Wasn't in line for the thrown and her uncle gave up the kingship allowing Elizabeth's father to be made King ● She worked as a truck mechanic in WW2 may 1945 she crept out of the palace to join the party ■ King Of Swaziland ● only King in Africa left ○ Totalitarian regime ■ One person runs the governing body by the will of new man for benefit of ruler ● Kim Jong un of north korea ○ Sends boat loads of people who are dead into South Korea ○ Oligarchs ■ Host sham elections ■ Small governing body who act in own interest ● Vladimir Putin of Russia ○ Democracy ■ Rule of the many to benefit all ● President Obama ● Germany ● India ● South Africa ● Great Britain ● Switzerland ● Canada ● Mexico The term democracy ○ Most democracy's are representative democracy ■ We use some to represent us ○ Democracy ■ Government by the people ● We the people ○ Direct democracy ■ People involved with government ○ Representative democracy ■ People involved with government through elected representatives ○ Republic ■ Another name for a representative democracy ○ Created in Greece but quickly went away ○ Term used in 17th connotations mob rule ○ Positive meaning in last century ○ Highly emotional and symbolic term Challenge to our society ○ Failure to appreciate benefits of a politically and financially stable government ○ A citizenry that is largely negative, even hostile about government and public officials ○ Constant criticism of the US, politicians, the media, our policies ○ alwaysinexistence gap between democratic theory and the real world 1.3 functions of government ○ Comes from the preamble of constitution ■ The preamble is determine not to be law ● Establish justice ● Ensure domestic tranquility ○ Furgeson shooting ○ Professor was in Washington D.C. When MLK was shot ■ Flowers in bloom at 4pm with soldiers walking with gun and bayonet ● Provide for the common defense ○ That is why we have a military ● Promote the general welfare ○ Hard to define ○ Right to an education, marriage, having children, ○ Constantly being re envision 1.4 American political culture ○ We are heirs to the ideas of John Locke, including the following ■ human beings are rational and routinely think reasonably about things ■ All human beings are equal in the state of nature ● Before money and brains are taken into account. We are all the same ■ all human beings have certain rights that cannot be taken away ■ Every person has property in his own person, and whatever he mixes has labor becomes his property ● Marx shares this ideas ■ Once establish a society is ongoing but a government can be dissolved if it goes against what is right for the people ● If the government is not working for the people then the people can change it ○ Justification for the American Revolution 1.5 political culture ○ Political culture ■ Widely shared beliefs, values, and norms that define the relationship between citizens and government, and citizens to me another ○ Key point #1 ■ We are heirs to a political and economic philosophy called liberalism ■ Liberalism is a philosophy that developed in europe hundreds of years ago ■ it was secular, optimistic, economic, and based on freedom ○ Key point #2 ■ There are certain values that flow from liberalism that are cherished by the vast majority of the American people ● Importance of individual. ● Freedom ● Majority rule ● Political tolerance ● Capitalism ○ Key point #3 ■ We turn these values into political ideologies ■ We differ as to what government should do ■ Overt time, positions are developed conservatives eleven in narrower scope while liberals believe in grader scope ■ Moderates are somewhere in between ● Liberalsmoderatesconservatives ○ Not within liberalism ○ Radical ■ Someone so dissatisfied with society that he r she faces drastic changes willing to break law ○ Reactionary ■ A person who wants t g backward to how things used to be Chapter 2 The constitution ○ Introduction ■ Importance of US constitution as a model the world over ● Not original ideas ○ The idea of representation is taking from British Parliament ○ The idea of the veto is taken from the “Royal negative” ■ Last used in 1707 ○ The idea of trial by jury ○ The idea of an inquest ■ Figuring out things about a person's death ○ The idea of an independent judiciary ■ In hopes to avoid bias judges ■ Lest written constitution in use in the world ■ Set the record straight ● Difference between declaration and constitution ○ declaration is a reason for our independence ○ constitution is 7 articles that we follow by law ■ The constitution doesn't contain the phrase “all men are created equal” ○ A lot of people think that states can nullify federal law ■ This is not legal and can not occur ■ The federal government is supreme ○ Article of confederation ■ Was created by the states ■ Considered a lege of friendship among the states ■ States are trying to one up the federal government legally ○ Our constitution is a religious document ■ God gave us the document. God gave us the inspiration. God gave us the words. God gave us America therefore he gave us the constitution ■ It isn't the constitution has no reference to God and is secular ■ The people who wrote it were not religious people ● They were children of liberalism ○ Know the difference between the declaration the constitution ○ 2.1 background Declaration of Independence ■ Britain wanted the clines to contribute to the economy wellbeing of England , but colonists resisted ■ 1775 ● Hostilities had broken out ■ 1776 ● Declaration was written and independence was declared ○ 2.2 articles of confederation ■ Why they failed ● No national power to tax ● No executive branch ● Congress lacked power to regulate interstate and foreign commerce ● States used their own money ● Very difficult to amend the articles ○ Every state had to agree ○ Making it hard to make it better ● No national identity ○ 2.3 the constitutional convention ■ Passages from M iracle at Philadelphia ● A book about the story of the constitution ● G. Morris ○ Known as tall boy ○ Friends with Washington ○ Has an amputation ○ Smart and well read ○ Looked rich but was rather poor ○ Wants strong central government ○ Likes the idea of a republic ○ “This generation will die away and give birth to a race of Americans” ■ Referring to the lack of unity under the ARticles of confederation ● Ben Franklin ○ Respected by French and British ■ Spoke French ○ Was 81 ○ Wished for a pearl executive ■ A presidential president ■ Having one person who is fond of war, or became ill the others could pick up the slack ● Think of all the things with the assailant ion of JFK and the takeover of power if the Vice President had became ill after death ● Or the Reagan administration and the battle with altimezer ● Visitors from Europe thoughts on America ○ French traveler ■ Excited ■ Tree in the country that bore its fruit in the shape of women young and delish ■ It was so cold because the trees prevented the sn from reaching the earth ■ The potato is the future of humankind ■ American know the use of reason ● These are called men of principle ○ George Washington ○ Ben Franklin ○ William Penn ○ The shock of slavery ■ Big vast mansion with small slave houses nearby that look like little shacks ○ Everyone knew the forest was the enemy ■ Compared to France this is one vast wood ■ English man ● This is one vast aversion to trees ■ People who cut down trees were paid with booze and food ● They were young ■ Stumps were left rot and crops grew up to the doors of the houses and made the houses ● Europeans were shocked about the handling of trees by the US ○ Traveling ■ No places to stay other than barking houses that you sleep with their known people ■ Expected to bring own food and cook it yourself ○ Doctors ■ Philadelphia college of physicians ● Well known tried to out do each other when it came to how they looked ● Prescribe ○ Things to make you vomit ○ Swelling ■ Bleeding a quart at a time ○ Opium ■ People could get it without a prescription ■ People would kill their children with it ■ It was illegal to abort children or prevent pregnancy ○ Childbirth ■ Fever caused by unsanitary conditions of instruments and hands results in death of mothers ■ In difficult cases the child removed in pieces ○ Results in people coming up with home remedies ○ Art ■ Europeans said there were no arts in America ■ In the South quilting was popular and its importance to black women ■ Little time was left in society for art, or literature ■ Thought that the absence of artists in the “new world” was why there was a lack of art ■ John Adams thought that America hadn't reached the point in society for their to be artist ■ Of the 74 delegates appointed 55 attended ● All states but Rhode Island sent delegate ○ This is because Rhode Island was in a lot of debt ● Make up of the committee ○ 50% of the delegates were college educated ○ 5 signed declaration of independance ○ 11 veterans ○ 3 state governors ● People in attendance ○ Patrick Henry would not attend because he “smelled a rat” ○ James Madison was in attendance ■ He was short, small, frail, timid, self conscious ■ Eventually became president ■ Persuades George Washington to be leader of the convention ■ Father of the constitution ● Areas of agreement between delegates ○ They wanted a republic ○ They believed in the idea of the social contract and that the people would create the government ■ This was not a government created by the states ■ Some things are still under state control like education ○ They agreed on national supremacy ■ This is due to the experience caused by the articles of confederation ■ This is mentioned in Article 6 of the Constitution ○ They agreed on separation of powers as well as checks and balances ■ Influenced by the ideas of Montesquieu ● Locke was influential in declaration and influenced Montesquieu ● Montesquieu was influential in constitution ● Spirit of Laws (1748) influential with regard to checks and balances and separation of powers ○ They believed in the rule of law ■ This is the foundation of the constitution ■ The richest man in America is just the same as the poor person who has next to nothing ■ Everyone is subject to law ■ Even if the president does something wrong it is still illegal ■ What about representation? ● Splits the committee big and little ● Terms to know ○ Virginia plan ■ There should be two bodies that represent the people biased off of the population of the states ■ This would give big states many representatives and little states a few. This would give the bigs states lots of power and control ○ New Jersey plan ■ Government houses should based on equality of states ■ This would give all states equal representation ○ Great compromise ■ Compromise between New Jersey plan and Virginia plan ■ The representative body with elite chamber would have every state with 2 representatives and house would have a state population based representation ○ Bicameralism ■ Two house of congress ■ This is a British idea i.e. House of Lords ■ What about slavery ● Splits the convention North and South ● Most Contentious issue at the convention James Madison ● Could have resulted in the split of the nation ○ Savers would continue for another 75 years (approximately 3 years) ● Terms to know ○ Threefifths compromise ■ The great compromise states that population determines the number of members in the house. ■ Slaves will be counted as every 5 person is actually 3 people to the overall population ○ Abolition ○ Slave trade ■ Constitution does not mention slavery ■ The slave trade could continue for another 20 years at an undetermined rate. ● This results in an increased rate of buying and selling of persons ■ Slave trade could end in 1808 ■ What About the presidency? ● Terms to know ○ Plural executive ■ Two presidents ○ Electoral college ■ Worried about the mob rule do to direct election ■ We as the electorate vote for electors who vote for us ● Winner take all system ● Most people vote for the state's choice ● Really sques the data ● Four occasions it didn’t work ■ There is no law that says they have to vote for the state's view. ● This prevents an evil person from being elected ■ Who should vote? ● Starts as ○ Read white men with property ○ Men without property ○ Read African American men can vote ○ Women can vote ○ All can vote ● At the convention they allowed the states decide this and the above list wasn’t determined by the convention ○ 2.3 The basic principle of the constitution ■ This is a constitution created by the people ● Opens with WE THE PEOPLE ■ The constitution creates a federal system ● Both states and the federal government have power ■ Separation of powers ● There are three distinct branches of government ○ Easy established by a separate article of the constitution ● The lines are not nearly as clear today as when the doc ent was written ■ Checks and balances ○ 2.4 Articles Of the constitution ■ The first three articles deal with powers they provided the separation of powers and balances ■ Article 1 ● Congress ○ Provides bicameral legislature ■ House 435 people ● Based on population ■ Senate 100 people ● Allows equality of states ○ Longest article of constitution ○ Powers of congress ■ Both allowed and denied ■ Article 2 ● Provides that the executive will know as the president and includes a press for his or her election ○ Says what we would call the leader of our country ● How do we elect our president ○ Electoral college ● Qualifications for president and Vice President ● Oath of office for presidency ■ Article 3 ● Creates the Supreme Court and says that judges will have lifetime appointments ● Authorizes congress to establish other courts if necessary ● Describes the crime of treason ○ Two witness to the crime who saw the exact same thing ● Spells out the jurisdictionof the federal government ○ Jurisdiction the right of the government to hear a case ■ Article 4 ● Interstate relations ● Contains the full faith and credit clause ○ One state has to accept legal documents and the court proceeding and documents of other states ● Contains the privileges and immunized clause ○ If a state provides a service for one citizen then it must be provided to all citizen ● Provides for extradition ○ Returning of a prisoner or moving them ○ Up to the governor of each state ● Provides how new states can be admitted ○ A state can not form itself inside another state ● Provides that the United States will guarantee to every State a republican form of government ■ Article 5 ● Amending the constitution ○ Always a two step process ● Proposing amendments ○ By congress or convention ● Ratifying amendments ○ Always by states ○ Either through state legislatures or state conventions ● The only amendment that was sent t convention was the 21st amendment ● Once an amendment is purposed it is likely ratified ○ 1787 ■ 10,000 amendments have been introduced ■ Only a small number of these have been proposed ■ Only 7 amendments have been repealed ■ Article 6 ● Supremacy article ● The US federal law is the law of the land ● There are no realigns test for office ○ Religion should not be an indicator of office ■ Article 7 ● Ratification ● Required nine states to take effect ● The Federalist papers ● Bill of Rights ○ Written by James Maddison ○ Created because Virginia wouldn't ratified it ○ Political culture ■ Moralistic ● Belief in government to solve problems ● Positive view of government ■ Traditionalistic ● Belief in ruling elite ● There are families in the states that run the government ○ The Bush dynasty ■ Individualistic ● Belief in importance of the individual and minimal government ● The individual knows best and the government is only their to protect me and what I want to do ○ Theses people want minimalistic government and just want it to take the back burner ○ The Texas constitution ■ It is time bound ● Stuck in one era and gets super specific ■ Texas has seven constitutions ● Five since it's statehood ■ 1827 ● Document was made Catholicism the established religion ● Tries to curve slavery ● Unicameral legislature ■ 1836 ● Was made for the Republic of Texas ○ When Texas got its independance ■ Texas became a state in 1845 ● 28th state added to Union ■ Texas left Union in 1861 ■ Returned in 1866 under constitution demanded by congress ■ Overall the current constitution ● Reflects the individual values of Texans ● It would be best described as anti government strong popular control of government with most official s elected not appointed ● Serious limits on the powers of gear men ○ Short terms diffuse powers ● Restrictions on spending encourage government economy ● Long and confusing document ● Document reflects some ideas from Spanish law including community property rights for women ■ Bill of rights ● The bill of rights is put at the beginning in the first article all the rights are stated positively ● Strong on some rights weak on others especially voting rights ○ Right to bear arms ○ Abolish the government ○ Jury trial ○ Equal rights amendment ■ Added in 1972 ○ Voting right ■ Weak ■ Divided into various articles ■ key features ● Part time legislature ○ Established by article 3, long article ● Sets up a weak governorship ○ No confidence in people ○ Article 4 ● Establish two supreme courts and provides that judges will be elected ○ Article 5 ○ Leads to corruption because lawyers pay judges to get elected ● Education article ○ Free and available education ● Taxes ○ Must be passed in propositions ● Layout how cities come to be ● Revisions for impeachments and amendments ■ Things to improve ● Make governor a stronger official ● Allow for a fulltime legislature that meets every year ● Put restrictions on elections of judges t keep them from being political ● Clean up judicial system ● Establish one Supreme Court ● Allow countries to pass ordinances ● Clean up the voting rights parts of the document ■ Notes from the professor about: THE CONSTITUTION OF 1876 ● Four themes dominated the convention and resulting document: ○ Strong popular control of state governmentmost government officials elected, not appointed ○ Serious limits on the powers of government—Terms short, powers diffuse ○ Economy in government; no income tax without public approval ○ Promotion of rural and agrarian interests ● Key Points ○ Bill of Rights ■ Article I: Bill of Rights: includes speech, press, religion, assembly, and petition. Religious guarantees include separation of church and state. There are also guarantees for persons accused of crime. Right to trial by jury extends to every offense, including minor traffic violations. ■ Rights are stated positively rather than negatively: “Every person shall be at liberty to speak, write, or publish his opinions on any subject.” ■ Right to bear arms, but can be regulated ■ Right to abolish the government ■ Equal Rights Amendment adopted in 1972 ■ Weak on voting rights ○ Other Articles ■ Creates a bicameral legislature that is permitted to meet only in odd numbered years, and then for just 140 days. Primary work every session is a state budget. ● Creates a weak governor, where other officials are also elected. This means governor cannot have an appointed Cabinet. ● Creates a judicial system in which judges are elected to office. Also establishes two top courts, the Supreme Court for noncriminal issues and the Court of Criminal Appeals for criminal cases. ○ Other Features: ■ There is an education article making it a duty of the legislature to support and maintain “an efficient system of public free schools.” ■ Taxation is carefully controlled. ■ Local government provisions are spelled out. ■ Provisions for impeachment are included. ■ Provisions for amendment are included. ■ Article XVI is a catchall for items that don’t fit elsewhere: The Texas Railroad Commission can be found there, as can state retirement systems. ● WEAKNESSES AND IDEAS FOR IMPROVEMENT ○ Strengthen the governorship. ○ Allow for a fulltime legislature. ○ Change the method by which judges are selected. Also, clean up document to deal with overlapping jurisdictions, conflicting provisions, etc. ○ Remove outofdate provisions in the voting rights section. ○ Allow counties to enact ordinances. Chapter 3: Federalism ● Same sex marriage ○ Can state and county officials refuse to implement a ruling of the U.S. Supreme Court ■ Kim Davis county clerk ● Related question ○ Could a southern state refuse to integrate its school when the Supreme Court directed it to do so ■ Brown v Board of education ○ Can a business refuse to provide services to a same sex couple ● RFRA ○ City oBoerne v Floresarchbishop of San Antonio et al 1997 ■ ISSUE ● Could the church’s plan to add on to their building be stopped by the zoning commission ■ History ● Two men failed their drug test due to the presence of payoute ● Applied for unemployment and was down turned. ● Supreme Court says if it is illegal then it doesn't automatically become legal for a religious practice ● RFRA states that states could not substantially burden the free exercise of religion without a so pulling reason to do so ● Bishop says you have violated RFRA because we can't expand ● Supreme Court says RFRA is unconstitutional because religious institutions had control over the federal system ○ Most states have their own RFRA ● 3.0Advantages of federalism ○ State and local governments create many opportunities for citizen interaction with public officials ○ This is a big country and local officials will often have more knowledge of what is going on in their area ○ Coordination; almost impossible to coordinate at national level for such a large population ○ Allows for a diversity of ideas. Look at California and Texas on environmental matters, for example ○ Allows for other types of diversity to thrive religion, language, cultural traditions and so on ○ Federalism is a hedge against our government being taken over by a dictator. ● Update in life stuffs ○ Antonin Scalia ■ Most conservative justice recently died February 13,2016 in shatter, tx ○ Republican debate ■ Attacks from Jeb Bush ■ People were cheering and booing just like a basketball game ○ About court appointment ■ The body wasn’t even cold yet and they were looking for someone new to fill the spot there are 4 liberals and 4 conservatives ■ There is no longer going to be a republican control. There is likely to be a liberal appointment from Obama ■ Sessions start October first Monday the decision may wait till then ● Huge outcry from the people ■ There hasn't been confirmed member of the court in 80 years during an election year ● 3.0 Disadvantages of federalism ○ States have a long history of oppressing their citizens ■ Think discrimination against African Americans and treatment of those accused and convicted of crimes ○ Policies differ from state to state, creating a complex web for citizens to try to understand and work with ■ When you move you have to change your driver's license, register your car ○ Federalism allows us to avoid a national consensus, even though such a consensus would at times be good and useful ■ A national identity is differing across the country and more of a state identity ○ People aren't much invested in state and local government, so they don't turn out or elections and other political events ○ The quality of government may decline as one goes from national to local government ● 3.1 Types of power ○ Inherent powers ■ Powers that would belong to any government ● Example ○ We expect the order to be kept and maintained ○ Enumerated powers ■ Powers specifically listed in the Constitution in Article 1 section 8 ● Direct text ○ The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States; ○ Implied powers ■ Stemming from the necessary and proper clause ● Based on these powers congress is allowed to do what is necessary to carry out these powers ● Direct text ○ The Congress shall have Power ... To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof. ○ Concurrent powers ■ Can be exercised by more than new level of government ● Example ○ Taxation ○ Making laws governing behavior ○ Establishment of courts ○ Chartering banks and corporations ○ Spending money for the general welfare ○ Reserved powers ■ Belong to the states ■ Found in the tenth amendment ● Direct text ○ The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. ● Example ○ States can make laws on matters dealing with earth, safety and morals ○ States can decide the basis of property ownership ■ Dillon's rule. ● The state owns anything that it creates ○ States can set up call governments ○ States can ratify amendments to the U.S. Constitution ○ State can regulate commerce within the state ● Community property ○ Came from Mexico ○ Everything earned during the marriage is split between both partners ○ Things that car clearly gifts are exempt from this ruling ○ Powers denied ■ Constitution prohibits ● Can't grant noble titles ● Accepting gifts from foreign heads of state ● The US cannot favor one state over another ○ Interstate relations: Article IV ■ Disputes among states are settled by Supreme Court ■ Full faith and credit clause ● Legal ruling ● marriage licenses ■ Privileges and immunities clause ● Police protection ● Right to buy property ■ Extradition ● Must deliver up criminals ■ Interstate compacts ● Agreements between and among states ■ Direct text ● The United States shall guarantee to every state in this union a republican form of government, and shall protect each of them against invasion; and on application of the legislature, or of the executive (when the legislature cannot be convened) against domestic violence ● 3.2 Federalism and Marshall Court ○ McCulloch v. Maryland 1819 ■ Very. Important case concerning both national sovereignty and right of congress to use the necessary and proper clause ● McCulloch represents the federal government ● Maryland said that the national bank has no right to exist because the constitution isn't mentioned. If it does have the right to exist then the state has the right to tax it. ● John MArshall says that it has the right to exist per article 1 section 8 in the elastic clause. And that the federal government can’t be taxed because the emerald government is supreme and the power to tax is the power to destroy ○ Gibbons v Ogden, 1824 ■ South Carolina sided with broad interpretation of commerce clause ● States were going to govern commerce on river ● Federal government said that they were going to control it ● This case resulted into the broad definition of commerce instead of the state's desired ○ Barron v Baltimore, 1833 ■ The Bill of Rights pertained only to the federal or national government, not actions of the states ● Barron owned a dock and charged for loading and unloading the boat, sues under the fifth amendment because he was deprived of property, loses case because it not applies to federal government not local government ● Baltimore dredges the harbor and moves the sand so that the big ships can't move in causing Barron to lose his livelihood ● Story time ○ Key point #1 changes in Chief Justice ■ John Marshall ● Fourth Chief justice ● Served from 18011835 ● Favored national power ○ Had great influence ■ Roger Taney ● Fifth Chief Justice ● Served from 18361864 ● Favored states rights ● Wrote the decision in Dred Scott case ○ Key point #2 Doctrine of Nullification ■ Doctrine that a state could decide that a federal law court ruling was not valid within its borders and would not be enforced ■ Law would not take effect unless threefourths of the states favored it ■ Theory ● The Union is a voluntary compact of states and the federal government has no right to exercise powers that are not specifically listed in the constitution ■ John C. Calhoun ● “The federal government exists at the will of the tates” ■ Webster/Hayne Debate on Nullification 1830. ● Hayne ○ “Liberty first and union afterward” ● Webster said that the Constitution was creation of the people and not the states ○ “Liberty and Union, now and forevermore ne and inseparable” ○ Actions ■ 1832 ● South Carolina called a state convention and passed an ordinance of nullification ● The ordinance that recently passed was a tariff law were null and void ● After Congress change the law the ordinance was rescinded ■ President Jackson's Response ● Issued proclamation to the people of South Carolina, asserting the supremacy of the federal ver meant and warning tisunion by armed force is treason” ● Congress then enacted a Force Bill authorizing the President to use military force if necessary to collect tariff duties ○ Was repealed once South Carolina was compliant ■ Slavery and Nullification ● The doctrine of nullification was used later by the southern States to justify their right to keep slavery ■ 1857 ● Dred Scott Decision ○ Supreme Court says ■ Slaves “were never thought of or spoken of except as property” ■ Because congress is forbidden by the fifth amendment to legislate about a person's property without due process of law ○ South Carolina says ■ “Congress could not ban slavery in the territories as slaves are property and Congress could not interfere with property” ● The Civil War ○ Yes it was about slavery and whether or not it could exist ○ It was also a war about who we in charge the national government or the states ○ Amendments ■ Thirteenth ■ Outlawed slavery ■ Fourteenth ■ Defined citizenship, included due process clause ■ Fifteenth ■ Gave newly freed men the right to vote ● 1863 ○ Emancipation proclamation ○ 3.4 Reasons for the decline of state power ■ Fourteenth amendment ● “All persosorn or naturaliz in the United States, and subject to the jurisdiction thereof, are citizen of the United States and of the state wherein they reside.” ● Put in to nullify the rDred Scott ● Due process clause ○ “No state shall make or enforce an law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty or property, without due process of laor deny to any person within its jurisdiction the equal protection of the laws.” ○ Exactly the same as in the fifth amendment ○ Fixesarron v Baltimore ● Equal protection Clause ○ No state shall make or enforce an law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty or property, without due process ofor deny to any person within its jurisdiction the equal protection of the laws.” ■ Sixteenth amendment ● Passed by congress July 2,1909 ● Ratified February 3,1913 ● Changes a port in of Article 1 section 9 ○ “The congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several states, and without regart t any census or enumeration” ■ New Deal ● Establishment of the foundation of social welfare programs, including Social Security (old age pensions, disability payments, unemployment insurance and others) ■ Ruling on Brown v Board of Education ● Court cited tourteenth Amendment’sdue processand equal protectiolauses ● Over the years since 1950s, many rulings in areas of civil rights and liberties ● This ruling makes schools integrated ■ Refusal of states to grant and protect civil rights ● The refusal of states led to legislative action from Congress and president and judicial action Supreme Court to enforce rights ● These rights have expanded over time to not only African Americans but also women, Native Americans, disabled persons, same sex couples ■ Refusal of states to protect the rights of persons accused of crime ● This refusal led to federal legislative and musical action in areas such as confessions, notification of rights, protection of people n prisons, and so on ■ The use of commerce clause ■ Reemergence of issue ● Ronald reagan ○ In his inaugural address in 1981 ○ The federal government did not create the states, the sites created the federal government” ○ Upheld states rights through judicial appointees ● Chapter 4 ● Civil liberties ○ Interesting fact ■ The US has 5% of the world's population but 25% of the world's prisoners ○ 4.1 civil liberties ■ The bill of rights was writteames Madison ■ The proposed amendments were sent to the states in 1789 ■ Most provisions were approved by 1791 ■ By 2016 the bill of rights will be 225 years old ■ Inspired by Virginia because Virginia would not ratify the Constitution without the Bill of Rights ■ The bill of rights applied only to congress not to states ● Barron v Baltimor 1831 confirmed this ● Was undone by the Fourteenth amendment in 1868 ● Most states had their own bill or rights ■ Incorporation process ● When legislation is incorporated into state levels. The states had to incorporate the bill of rights per the fourteenth amendment ● Some argued that it as the entire bill of rights ○ This idea was rejected by Supreme Court ○ However Supreme Court has said there is various fundamental rightsthat all people have ■ Fundamental right ● Rights that are not listed in the Constitution or the bill or rights ○ Marriage ○ Children ○ Vote ○ Privacy ○ Travel freely ■ Selective incorporation ● Take part of the bill of rights and apply them to the states ■ Amendments not yet incorporated ● Third amendment ○ Quartering soldiers ● Seventh amendment ○ About jury trials in civil suits ● Parts of the fifth amendment ○ About grand juries ● Eighth amendment ○ Prohibits against excessive bail or fines ○ 4.2 freedom of religion ■ Quoted text ● Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise theror abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances ■ There is no national religion ■ We as citizens are allow to proactive as we chose ?
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