POL 201: Class Notes Exam 2
POL 201: Class Notes Exam 2 POL 201
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This 37 page Bundle was uploaded by Caitlyn Traenkle on Tuesday September 29, 2015. The Bundle belongs to POL 201 at University of Miami taught by S. Thompson in Fall 2015. Since its upload, it has received 27 views. For similar materials see in Political Science at University of Miami.
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Date Created: 09/29/15
POL Federalism 10012012 Federalism 2 gov t or more responsible for and have power over the same people and territory national gov t and state gov t State gov t gets power from people state sovereign 0 National gov t sovereign 25 federations today 13 very uncommon Canada US Mexico Russia Germany Brazil adopted to solve problems 0 have big territory population 0 cant envision one gov t being able to hold power 0 or difference or diversion in population 0 want different laws 0 want to be together but don t want to live in the exact same way Constitution did not mention 0 Cities counties 0 So up to states 0 Only mentioned national and states Everyone when wrote constitution had a Unitary System 0 A single gov t Seemed logical one people one territory so one gov t 0 Have 0 one territory o centralnational gov t responsible for all people and territory sovereign can have small units underneath them to get closer to the people 0 these units are working for or belong to the national gov t to help nat gov t do job 0 units not sovereign 0 units get power from nat gov t not people 87 of gov t in world have this Confederation In rst constitution A loose alliance of sovereign states Referred to as league of friendship in Articles of Confederation States formed a central gov t that works for states therefore nat gov t not sovereign This is what they wanted to get rid of when making new constitution Examples today European Union Switzerland 0 Extremely uncommon New Constitution Had read about a Federation 0 didn t know of anyone who had one at the time Reasons didn t have Unitary System and chose Federation 0 couldn t have Unitary System because knew the states wouldn t vote to kill the states and wouldn t accept new constitution 0 were afraid of nat gov t having too much power can t get power because states have certain responsibilities that nat gov t doesn t also states competitive so would keep all gov t in check 0 thought Federation would protect democracy but don t need to have democracy most don t 0 states different had different worldview personality wanted different laws public services wanted to be together but wanted different lifestyleslaws Federation made it possible for people to live the way they wanted Disadvantaged of Federation 0 Might cause Civil Wars Maybe if constitution wasn t so vague maybe Civil War wouldn t have happened a Cause by different opinions interpretations 0 Maybe if people so separate and far apart may not want to be together at all eventually 0 Since states so different might be hard for nat gov t to comply with everyone 0 States and nat gov ts argue over who has power Constant con ict because both boss and sometimes have different interpretations 0 People can live in different ways Can be seen as advantage or disadvantage Examples segregation laws slavery gay marriage physician assisted suicide death penalty medical marijuana different taxes I Allowed in some states and not in others 0 Federalism can be confusing to the people bc it is complicated US Constitution 3 places where Federalism mentioned Article 146 0 Since vague ghting over different interpretations These are the things the gov t can do 0 Article I Section 8 powers of national gov t say congress l known as 24 enumerated powers which means written bc it s a list Necessary and proper clause At end of list says they can make laws that are necessary and proper to carry out these powers Elastic clause creates implied powers Most of the powers listed here 0 Articles IV national gov t determines guidelines for new state 0 Article VI 0 0 Things gov t can t do 0 Article 1 Section 9 Civil liberties protection habeas corpus ex post facto laws Nat gov t cant give preference to certain states trade Can t just spend treasury s money must follow procedures so people can watch Can t stop slave trade before 1808 but doesn t mention slavery 0 Article VI nat gov t cant hold religious test for people to hold a gov t position interpreted also that they cant require you to have any religion at all 0 These restrictions were not enough according to states so Madison promised to make amendments o 15t10th Amendments 1791 Bill of Rights 0 Nat gov t must do for states or their people 0 Article IV Section 4 no invasion no domestic violence guaranteed republic form of gov t What State Cannot Do 10 things 0 Expected states to have own constitution and maintain order in their territory 0 Article 1 Section 10 states cannot make treaties with foreign gov t only want nat gov t to do this can t coin their own money no bill of attainders ex post facto laws just like nat gov t cant ght war unless invade u cant keep troops or war vessels u want just nat gov t to do this no one can be given a title of nobility cant make laws to impair the obligation of contracts 14th amendment equal treatment from state gov t referring to southern gov t for slaves cant take away life liberty property wo due process of law cant take away rights as American citizens have to treat citizens equally when making laws bill of rights only to protect you from the nat gov t not state started to see fundamental human rights and bc right is a part of due process which makes it fall under 14th A therefore states restricted too states started out with few limitations and as time went on got more State obligations for other statespeople 4 things 0 Article 4 Sections 1amp2 Cant let people leave state to avoid obligations criminals states can ask other states to send them back Privileges and immunities states must treat people of other states same way as their citizens when they re in their state Full faith and credit have to respect the laws of the state that you are in Laws should translate to other states marriage adoonn 0 Article VI all states must take oath that they will respect and follow the US Constitution Federalism 200 years old so is practiced differently now because it has evolved and changed Did without changing constitution ls possible because constitution is vague so could be interpreted differently States at first afraid to ratify Constitution because didn t want nat gov t to become too powerful So made Bill of Rights And made list in constitution the powers of the nat gov t But the nat gov t has grown ls more active and involved now And there has always been a power struggle bw the states and nat At rst fed stuck with enumerated powers 0 And states and feds had two different set of things that they did Then nat gov t began to move into things that the state gov ts did started in early 19005 mainly 19305 Before people more loyal to state gov t and more remote from nat gov t Changes caused by Nat gov t has implied powers 0 Article Section 8 constitution lists powers on nat level of gov t 24 enumerated powers Nat gov t can make laws that are necessary and proper to carry out those enumerated powers elasticnecessary and proper clause a This statement gives gov t implied powers 0 Maryland v macua court decided on side of gov t having these implied powers 0 Examples 0 Can regulate interstate and international commerce the enumerated power so implies Civil Rights Act 1964 companies can t discriminate with who they hire Equal Pay Rights men and women must be paid same All environmental laws because implied they can a Clean Air Act 0 But can t say that individuals can t discriminate can tell a company they can t o This implied power therefore allows the national gov t to be a lot more involved than they would be with just the enumerated powers 0 Obama care forcing people to get health insurance 0 No where in constitution they give nat gov t the right to do this 0 Sued because made each individual buy insurance ndividua mandate o Tries to redeem thru interstate international commerce so have to buy insurance 0 supreme court decided against because interstate intentional commerce doesn t say people have to buy but said that they could tax so instead you have to pay a tax if you don t have insurance another way nat gov t has become more involved national gov t manipulates state gov ts with money more they used implied powers the more money they needed so tried to nd other sources of money 0 income taxes a company sued feds because they said didn t have power to charge income tax supreme court ruled they did not have the power feds cannot tax individuals but we do have an income tax 16th Amendment 1913 says that the gov t can tax your income with income tax now had more money and thought could give some to state gov ts 0 before states responsible for themselves mainly o constitution doesn t say that nat gov t can or cannot give money to states does say nat gov t can spend money so implied that nat gov t can spend money by giving to state gov t states would want nat gov t money so that they can take less in taxes from their people 0 people want good quality of life without having to pay a lot of extra state taxes 0 problem there are strings attached nat gov t only giving state gov ts money to get the states to do something the nat gov t doesn t have the power to do has allowed nat gov t to coerce states gov ts to do things they may not have wanted to do examples 0 different quality of roads in states nat gov t decided that there should be a national highway system Federal Highway Act 1956 offered grant money to states who would build this highway system but had to do certain things nat gov t told to do n Such as nat gov t names highways 0 was oil shortage Feds knew that if people drove slower would save gas But nat gov t doesn t have power over this So they said to states that if their max speed was 55 mph they would give them a little more grant money So many states changed laws for the money 0 Drinking age based on highway money State gov t has power over drinking age Feds realized that drinking and driving was problem Feds said to states that if you make drinking age to 21 would give more money for highways States love getting this money but hate being told what to do 0 States therefore allowed themselves to be manipulate to get money Some states a lot poorer than others so with these granted these states are allowed to be a lot better than they would have been otherwise More power to gov t because Federal courts interpreted that they had power to say that something is unconstitutional this is actually not in constitution but implied 1803 case came to them that said that a federal law unconstitutional 1810 case where state law accused of being unconstitutional 0 had to get rid of o bc feds have power ofjudicial review this allows nat gov t to have a little more power because if a case comes up nat gov t has power to tell state to change law if found unconstitutional example case in 1964 in supreme court where a black girl wasn t allowed in white state school so sued state of Kansas O O O O argued that this segregation violated 14th Amendment 14th sate gov t have to give equal protection to citizens when making laws court ruled that segregation law did violate this part of constitution which meant that state had to give up segregation law so regardless of what people and state wanted nat gov t has power to say they cannot through judicial review do this more power of nat gov t 0 through interpretation of Article 6 O O O a part called the supremacy clause US constitution laws and treaties are the supreme law of the land even if state constitutionlaws are contrary always true that nat laws takes precedence over state laws doesn t come up often because laws don t usually ovenap there are laws that contradict but court ignore unless case comes up Crisis during hard times nat gov t grows The great depression 19241941 huge jump in power of nat gov t O O 1932 FDR Roosevelt democrat elected president started many programs that gave nat gov t more power Social Security set up a gov t retirement program a Employers take part of income and give to gov t and then when retired can collect working generation pays for retired generation Got power to do this from the commerce clause the necessary and proper clause the implied power Gave money to states to do the things they had power to do and that the nat gov t wanted them to do AFDC Aid to Families of Dependent Children Results of Civil War 18611865 made nat gov t more powerful than it was and would ve been 0 Main spark ght over slavery Some states start abolishing slavery l by 18505 most had abolished Caused tension between the north and the south 0 Had evolved to be different 0 North better educated higher income industrialization started here had bigger towns most did not allow slavery slavery had always been different here few slaves slaves were not involved with the economy mainly 0 South lower educationincome no industrialization just farm smaller towns Slave labor kept the economy alive Had state rights state power belief Didn t like implied powers 0 1860 president Lincoln elected republican o believed slavery should be abolished but did not think that the feds could get rid of it only way would be an amendment but states would never vote it in 0 south Carolina decided to ceceed moreunti 11 states left called themselves Confederate States of America CSA driven in part of a fear that nat gov t would get rid of slavery and a fear of federalism though nat gov t had gone beyond the constitution and gotten too powerful n by nationalism thought they were different 0 Lincoln tried to gure out what to do They were arguing that came in on own terms so can leave but actually Lincoln thought once you re in you re in SC attacked a US fort So sent troops to south and civil war started a 650000 died in 4 years 0 Lincoln s goal was to save the union regardless of slavery 0 States lost and national gov t won Got more power from this 0 End of civil war created an environment where slavery could be aboHshed Southern states forced to come back 0 Civil War Amendments 0 13 o 14 state gov t can t discriminated o 15 state can t stop someone from voting 0 these amendments would not have passed without civil war 0 because when south left they created 0 and when south had to come back were ratifying 0 south was told they have to ratify these amendments to come back people started to be more uni ed at rst people saw themselves as citizens of their states and just happened to be American 0 General Robert E Lee nat gov t general Came from a very historically prominent family Wealthy When south started to leave Lincoln asked him to help And he said no incase VA decided to leave because did not want to ght against his home state So when VA did succeed left US military and went to other side 0 So friends in north hated him And ended up burying people on his land made so he could never go home again Arlington nat cemetery 0 Now more people say more from America not from states 0 So more accepting of growth of nat gov t 0000 0 Political Parties A group of people with similar ideologies that try to gain power of gov t through elections 0 First political parties were arguing about federalism 0 Never mentioned in constitutions o Knew about because in England at time 0 Didn t think was good idea but didn t say couldn t Anyone can start a political party 0 There are nonpartisan elections where they cannot be associated with a political party Political Ideology a set of beliefs and values about human nature society history science religion etc that leads to a desire for the gov t to do some things and not others 0 Can use political labels to represent beliefs and values of a group Political Labels 0 Liberal World View OO O O 0 More inclined to progress change to something that doesn t exist More positive view of human nature Tend to be okay with movement away from tradition Adherence to philosophy of rationalism belief that humans can gure out most problems Egalitarianism equal rights power Less inclined to think that religion is need for social order Nationalism starts as classical liberal now only mild nationalism Conservative World View 0 O O O O O O Resistant to change More suspicious about human nature more Hobbes view Want to conserve traditions Adhere to philosophy of rationalism idea that there are mysteries that humans will never know More elitist some people smarter work harder etc Religion is important tool in making people behave Nationalism then transitioned to a more conservative view What Should gov t do 0 Classical Liberal O O 0 Have a fear of gov t thought needed to be limited Wanted gov t to not intrude on people s lives in social and economic areas National gov t should stick with enumerated powers and believe in state rights ClassicalConservative 0 Like gov t activity bc gov t protected contracts property money business and tradition 0 Strong nat gov t interpretation of constitution like implied powers 0 Modern Liberal 0 18005 started to think the gov t could be your friend in economic areas 0 gov t could solve societies problems by manipulating economic factors 0 federalism went from state rights interpretation to nat gov t Modern Conservatives 0 Had opposite change 0 18005 kept view that gov t needed to stay strong in social matters 0 but started to think that gov t should be less involved in economic matters 0 changed mind about federalism went from nat gov t interpretation to states rights interpretation Changes 0 Kept same world views 0 But led them to believe that gov t should do different things Political Parties 0 Early on no political parties rst elections none and assumption that there wouldn t be any 0 First American political party started over disagreement on federalism o Federalists 1791 classical conservative Nat gov t interpretation want strong nat gov t through implied powers Started by Hamilton and Adams People in party wealthier more educated north bigger cities Very shortly after another party formed in opposition o DemocraticRepublicans 1792 Classical Liberal Essentially believed opposite of federalist Started byJefferson and Madison Supported by people in south smaller towns rural areas less education rich people are plantation owners proslavery party At rst federalist in lead then DR started to catch up and people in Federalist party started to ght and party disintegrated until gone leaving just the DR party Whigs 1834 new party comes out supported by same people of federalist 0 Then they have issues and fragment 0 Ultimately this party dies too Then Republicans 1854 come out which were followed by same people in fed and Whigs o Decided that they wanted to abolish slavery 0 Republican party today came from this party Democratic party came from DR they just changed their name 0 Fought internally about slavery even though ideal was pro slavery 0 So some left and went to republicans Democratic states rights party Republican nat gov t party Classical liberal Democratic Party 1791 changed 1932 basis liberal world view limited gov t in social issues 0 states right interpretation southern party small town less educatedincome o richest plantation owners 0 slave party Classical Conservative Republican Party 1854 changed 1932 0 strong gov t in economic issues 0 strong nat gov t interpretation of federalism o northern party these parties do NOT believe what they used to Classical Modern Liberals Gov t out of social and economic issues Started to think gov t could become involved in economic matter to bene t social situation change in Europe in mid 18005 Classical Modern Conservative Started to think gov t should stay out of economic matters Elections 1932 when US parties became modern 0 Great Depression 19291941 0 Started with collapse of stock market So many businesses and wealth gone 0 Gov t was never before expected to help in down turn of economy bc was suppose to self correct 0 1932 still hasn t xed itself 9000 banks closed 23 men unemployed when bank closed people lost savings house foreclosures 0 republican nominate current president Hoover democratic nominee Roosevelt FDR O O O O O he s moving more towards modern liberal ideas thought of ideas that were democratic welfare for widow with kids retirement plans for elderly maybe gov t should regulate stock market Fiscal Policy developed by Keynes problem is that people don t have money so gov t should give them money to jump start economy again Gov t should spend more money to get more money in hands of public Cut taxes Debt All this involves manipulation of economic factors Classical wanted gov t to stay out of economic issues but these events brought them to think of their modern ideas All this can only be done through implied powers gt so need to be in favor of strong nat gov t for this to work 0 Republican pro business party 0 O O 0 Used to like gov t intervention bc backed upper class But Roosevelt s policies would limit and regulate business in harmful way So began to think gov t stay out of economy Go from strong nat gov t to state rights FDR won landslide election and democrats won landslide in congress so democrats in control 0 All African Americans were republican before change now 95 democratic show how great change was Democratic party was a southern white party 0 One of main beliefs is state rights but this changed So logically would think they would change to republican but didn t change even if they didn t believe in the party wouldn t change because republicans know as northern late 19005 they slowly switched to republican symbolism Donkey and Elephant 0 Started in 18005 by cartoonist Nas 0 Slowly adopted before candidates would have any animal they chose 0 Red and Blue 0 More new 0 Just represent which way a state sways Social Order 0 To have social order gov t provides 0 Safety 0 Convenience sewer roads Conservatives Emphasized safety angle to keep social order more 0 Think need military more 0 Military power enumerated power sign that nat gov t should deal with these types of issues 0 More law and order 0 Have a worse view on human nature 0 Liberals rely more on conveniences 0 Would say that yes military is enumerated but also should spend money on implied powers 0 Of course need law and order but also need to concentrate on other things 0 Greater con dence on human nature Rationalism con dence in social engineering Amendment that gets introduced all the time 0 To make English national language 0 Republicans more likely because like tradition more na onaHs c Can only be US citizen if born here and with one parent that is a US citizen 0 Republicans like more 0 Prayer in school 0 Democrats do not like mixing religion and gov t issues 0 Abortion prohibited 0 Republican more inclined to like because like tradition used to be illegal everywhere and religion 0 Civil liberties rst 10 Amendments 0 Democrats always like civil liberties 0 Republican always more exible on what s in Bill of Rights Bill of Rights includes a lot on crime protections to people on trial they like more aws bc skeptical of human nature 0 1st Amendment people can saydo what you want gov t usually doesn t stop people unless it s out of the norm and not mainstream democrats more absolutist gov t shouldn t be able to bother you republicans exible and say there are exceptions 0 4th Amendment need warrant democrats inclined to be absolutist that if you did not have valid warrant cannot use evidence found republicans more exible on this matter 0 In general Democrats absolutist Republicans exible 0 Except on 2 and 10 Amendments switch views 2 right to bear arms a republicans skeptical of human may need gun a democrats people might get shot accidentally 10 anything not mentioned rights given to states a republican like not written to state a democratic interpretation if not written or implied then power to states Have different views on taxes 0 Republican party more opposed to taxes 0 Don t want gov t to have too much power 0 Want smaller nat gov t and wouldn t need as much money in that case 0 Not into domestic spending if didn t use implied powers as much wouldn t need so much money Democrats more accepting of higher taxes 0 bc believe gov t should work though implied powers and should be involved in all these area 0 and this takes money 1933 2013 l democrats majority in national gov t US House 18 R US Senate 19 R Modern change bc southern whites slowly came over to republican 2012 o independents 40 0 Democrats 31 0 Republicans 27 0 Third parties 2 Also interesting in rise of independents before was rare to nd someone who identi ed themselves to not have a party af liation Likelihood of af liation Republican conservative people 0 religious o married democrats liberal 0 women 0 African American 0 Single 0 More democrats in every age range 0 Difference gets smaller with older people 0 But 54 of young people independent 0 Income 0 More democrats in every category except when reach high income l vast majority then republican Education 0 More democrats in every level of education 0 People with less than high school education democrats dramatically Political Parties in US fairly unorganized decentralized compared to elsewhere RNC republican national headquarters amp DNC Decentralized bc elections all at state levels 0 so state demo rep parties is where its at 0 so republican party in MA more liberal than republican parties elsewhere 0 state parties don t really have to listen to the national party 0 in most other places 0 parties and elections organized by nat Gov t o orjust don t have elections at all 0 elections at state legislature because in constitution Other difference bw US and other countries in concerns to Political Parties Some countries people really involved in politics US not party activist 0 Just not as interested Some states ask for your party affiliation bc Party Primary elections trying to get nominees for general election to choose best person from your party that could win the nat election Most states have closed primaries 0 Only republicans can vote in their primaries 0 And only democrats can only vote in democratic primaries 0 Do this because afraid of contamination Open primary where any registered voted can vote regardless of affiliation o More state parties moving to open primaries bc a growing number of independents o bc in closed independents don t get to vote 0 Political Party Convention Made up of leaders Used to vote in nominees Expanded with the primaries Expanded further with open primaries Made it so that the people had more in uence on who got to run in the general election Third Party o Refers to any political party that isn t one of the major political parties so any party besides Rep and Demo 0 Libertarians believe in really limited gov t that would protect people and property and that s it o Gov t should stay out of economic and social 0 Green Parties 0 There are 2 in US 0 Believe in protecting the environment 0 Gov t should have more activity in protecting the environment 0 Critical of big business nuclear weapons 0 Modern ibera democratic party 0 Tea Party Movement not an actual party is a social movement 0 Started as anti tax movement 0 Conservative vote republican 0 Could have been a party but didn t o Prohibition Party claim to be oldest third party 0 Got 18th A but not happy about 21st 0 Usually don t win any election esp not at state and nat level 0 But think that maybe in future will do better 0 Republicans once a third party against Whigs and democratic republicans 0 And normally do not have impact on vote But sometimes they get enough vote to in uence who wins but end up making party they dislike most win Two Party System Only 2 parties can get elected haven t always been same two but can only be 2 So what s the point of having a third party 0 bc there are people that just don t believe in either of the 2 parties 0 to get enough media attention that the rep or demo Party might adopt some of their beliefs So why is it that just rep and demo get elected 0 Third parties generally too radical O 0 People likely to be moderately liberal conservative There s variety within each party So even if don t agree with every people can still be satis ed Party that parents have likely to be your party Many people think throwing their vote away if vote for third pa y Majority elections have to get more 12 votes Plurality election just have to get more votes than anybody else a US election done like this Singlemember winner take all voting districts Duverger s law Multiple member proportional representation voting districts For every 10 of vote for certain party can send that many people This is how a lot of other countries do it Has been suggested to change constitution to allow this but really hard to do and probably never will happen State gov t ballot access laws as long as do what laws say can get on ballot Adequate vote in last election if your party got good in last election will put their nominees on ballot Have two party system bc single member voting winner take all voting districts 0 O O 0 Many people thinking throwing away vote if vote for third pa y Majority elections must get 50 Plurality elections just have to have more votes than anyone else Duverger s Law explained how if you have single member will get 2 party system And if multiple will get multiple Most every where else has multiple member proportional representation voting districts 0 For every 10 that vote for you you get one seat in legislature Individuals do not run parties do 0 Makes it so not throwing away vote if like third party Elections run by state gov t in constitution National law states required to hold elections for nat gov t positions rst Tuesday after rst Monday November of every even numbered year Elections to be held 0 US Congress US House 435 members today a 2 year term Senate 100 members 2 for each state a 6 year term 0 President and VP 2 people 4 year term 0 other places central gov t that organize voting 0 early elections 0 bc states have own laws elections restricted 0 women and blacks could not vote 0 poll tax 0 states became more exible 0 got rid of religion requirement poll tax 0 US Constitution 15th 1870 says to states that cannot keep from voting because of race color or previous position of servitude 19th 1920 cant stop from voting because of sex 26th 1971 18 became age of voting usually 21 before 24th 1964 no poll tax 0 made it so more and more people can vote but still are some difference among state voting a some if you ve committed felony in any state can t vote a some say mentally ill can t vote to be a US citizen to vote is not in constitution is a state law 0 voter turnout rate 0 US low compared to other countries 0 Presidential has highest turnout 0 People who vote Older people more likely to vote Higher education more likely Higher income more likely Women vote a little more than men 0 Reasons for low rate If don t want rep or demo probably just won t vote I Some even just hate whole system Also both are pretty safe choices moderate parties so people not afraid Some people just don t care Some not educated on the matter bc is complicated People often feel that their vote wouldn t make a difference l but really not true There are a lot of different elections Other people just satis ed with gov t and think that everything will be ok no matter what Also not required to vote D Other countries get end or in trouble if you do not vote 0 Voter registration 0 Can only vote once 0 Purpose is trying to get rid of voter fraud 0 Have made it easier mail online Before only at voter registration bureau 0 National law voter registration act of 1993 When people get drivers license o er voter registration 0 States close registration for voting before election Do this to make sure all legal But could be problem bc a lot of people do not get interested in election until end Some started to let people register the rst day they vote very unusual o Slows voting Address on voting card only place you can vote a Problem if place to vote hard to get to in middle of day a If couldn t make it would need absentee ballot But there are deadlines for this too Can only vote during week day D So have to gure out how to leave work to vote I Some have early voting to x National gov t elections 0 US House 435 members 2 years 0 US Senate 100 6 years 0 President VP 2 every 4 years 0 Constitution doesn t not have many quali cation to run but do have 0 US House Must be US citizen for 7 years 25 or older must be resident of state you re running for o to run for Senate US citizen for 9 years 30 or older citizen of state running for o For president VP 35 years born in US resident of US for 14 years 0 time to serve aloud 0 doesn t say in constitution 0 some state gov t made laws against their own members running a certain number of times all states that did this got sued for not being constitutional ruled that state gov t couldn t say so only way would be to amend constitution o president can only have 2 terms bc amended into constitution 22nCI o unlikely that would have amendment to limit Congress 0 running 0 incumbent people already in will probably run again and win already have exposure sometimes do not even have any competition 0 open seat where incumbent not running so hot race bc think they actually have a shot 0 before just had to convince leads of party but lost a little power bc now have to convince people that vote in primary primary also made it so candidates that aren t 100 in step with their party can win candidates who run pay for most of their campaign a so more independent from party 0 elections for US House 0 just need to get most votes in Republican primary 0 then run in general election if win go to Washington 0 Presidential election In Article II Section I how to elect Indirect election people vote for representative who make nal vote Senators originally indirect election but then 17th amendment made direct Originally chose indirect election bc O O O to assure states to ratify constitution bc states would choose president also was in 18th c so uncomfortable of people have this power directly because not very educated in the matter thought that people would keep voting for someone a little better than them l trying to funnel people until sure you re going to get an upper class president of the elite who they trust because of lack of technology just didn t make sense to have national vote didn t want to have a president who had to campaign 0 In article talk about how electors of state legislature would choose president very vague State electors each state gets same number of electors as they have members of the US House and US Senate Says few people cannot be electors I Cannot be House member or in Senate I Cannot be federal gov t employee Says electors then must go to state capital and take votes Majority of votes then is president runner up is VP 0 12th amendment got rid of runner up for VP got rid of because never expected political parties so if had runner up system pres and VP would be of different parties and therefore would never agree Presidential Election in US Constitution in Article II Section Runner up was VP but when written didn t anticipate political parties After political parties pres and VP were of opposing parties so a lot of disagreement So decided to change and have political parties nominate pres and VP but to do this must amend with 12th amendment 1804 0 Made pres And VP vote totally different elections 0 bc didn t know if political parties were going to continue to exist so didn t really mention them 0 says that when electoral go to state capital put one ballot for pres and one for VP and one of them cannot be from home state 23rOI amendment 1961 gives Washington DC electors does not make DC a state 0 just have 3 electors bc same amount as smallest state 0 538 total electors bc 435 in house 100 in senate and 3 from DC 0 to win presidency need 270 a majority o to win VP need 270 before just involved upper class people but this changed bc 0 political parties formed bc not mentioned in constitution which ever party convinced state leg that their guy should be president and this involved the people more and more over time 0 states started taking a vote from their people and then their electors would vote for them Electing the president not in constitution made up by parties 0 1 presidential primary season january june 0 each state democratic and republican party primary or caucus 0 national convention nominate but primaries and causes where they vote for who to nominate caucus political party meeting and then vote at end a lowa caucus always rst primary political party election a First primary always in New Hampshire 0 2 summer here is really where they nominate o democratic national convention o republican national convention 0 vote majority rule 0 before didn t have caucus and primary so surprises going into national convention but not today usually not surprise 0 3 November 6 0 each state gov t holds its general election 0 also 435 US House elections every 2 years senate every 6 years 0 each state has different laws for who can be on ballot but generally throw pres Election in with congress elections every 4 years so every other time all you have to do is follows laws of state gov t to get on ballot Ex FL 29 electors n requires at least 5 of registered voters third parties never make this each party must ask and do what is required by state a 1 if registered voters in FL sign petitions n if you get one more vote than anyone else in peoples election then win all of state electoral vote 29 bc of plurality work bc each candidate has 29 electors they choose in FL that will vote for you if you win therefore getting 29 electorals 4 November each state s legislature chooses its state electors 5 December 17 Each state s electors vote for president and VP 0 have separate ballots for rep and demo 0 6 January 6 US House and Senate count ballots and announce pres And VP 0 270 electoral votes win 539 electorals total 0 if no one get 270 top three go to gov t to be chosen by representatives 0 steps not in constitution 0 rst 2 steps not in constitution neither is step 3 for pres steps in constitution 0 steps 4 5 and 6 in constitution o pres Takes office at 20th ofJanuary at noon Announcing who wins 0 Media tells a prediction There s a formula by knowing state laws and electors quotfaithless electorsquot electors that don t vote for who they said they were going to vote for 1 0 one situation candidate died so electors had to vote for someone else 0 but also protest votes one lady left her ballot empty as protest also knew that her one vote would not make him win or lose if it would have she wouldn t have done it because still believes in her party never has changed who was going to win or lose half states have law that binds electors to voting for who they re suppose to 0 winning popular vote vs electoral vote 0 Maine and Alaska only different ones everyone else has winner take all for electors 0 popular vote higher than electoral has happened 3 times since civil war last time was in 2000 Bush won electors Gore won popular state gov t produced this bc of the uniticket rule winner take all win by any as greater than others win all electors has to be close election for this to happen also one candidate has to win big states by small margin and other candidate must win big states by small margin 0 states could get rid of this but they don t want to bc states like having more electors bc think it gives them some sort of advantage 0 also makes so that major parties don t really have any competition 0 1992 election Perot was independent not easy wo a party but he did managed to get on every states ballots got 19 popular vote got 0 electorals bc did not win but t least 1 vote in any state makes it so major parties will always have at least 50 of the electors only way to change process would be to amend constitution and that s really hard and probably never going to happen
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