American Government Gov 310L
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This 6 page Study Guide was uploaded by Courteney Feld on Sunday February 14, 2016. The Study Guide belongs to Gov 310L at University of Texas at Austin taught by Mr. Benjamin Hardee in Winter 2016. Since its upload, it has received 39 views. For similar materials see American Government in Political Science at University of Texas at Austin.
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Date Created: 02/14/16
Government Class and Book Notes Week 4 The Constitution of the USA 55 delegates from 12 states (all except Rhode Island) Philadelphia Constitutional Convention 1787 Replaced Articles of Confederation Preamble- to form more perfect union, justice, domestic tranquility, common defense, general welfare, liberty Article I: Congress (House and Senate) House of Representatives composed of members chosen every nd 2 year by the people No one under 25 years old and citizen for 7 years, cannot live in state chosen Representatives and taxes apportioned according to states’ respective numbers Each state gets at least 1 rep Election to fill vacancies House of Representatives have power of impeachment Senate- 2 from each state chosen by Legislature for 6 years; each senator has one vote 1/3 chosen every second year Must be 30 years old and 9 year citizen of US; not living in state chosen Vice President of US is President of Senate, but no vote unless there’s a tie Congress assembles at least once a year Each House keeps journal of proceedings No adjourning for more than 3 days Representatives paid out of US Treasury Congress’s power to set taxes and debts, defense, borrowing money, trade, coining money, post offices, scientific and artistic progress, punishing felonies and offenses, declare war, armies and navy, making all necessary and proper laws No nobility States need consent of Congress Article II: Executive Power = President, 4 year term President at least 35 and a 14 year resident In case president can’t fulfill duties, powers go to VP President gets paid, takes Oath of Affirmation, and is Commander in Chief of navy and militia Power to make treaties and fill vacancies, appoint ambassadors, ministers, consuls, judges, officers State of union Call to convene or adjourn one or both houses Impeachment and conviction for treason, bribery, crimes, and misdemeanors Article III: Judicial Power = 1 Supreme Court Article IV: Republican government, justice for crimes Article V: Amendments to Constitution with vote of ¾ of states VI: Supreme Law of the Land; no religious tests VII: Ratification of conventions of 9 states required for establishment of Constitution Class Notes Problems with Articles of Confederation: Committee of states is weak Executive Congress had no taxing power States weren’t forced to comply, so no cooperation States violating government and rights Needed states’ votes to change/amend laws/Articles All this led to Philadelphia Convention 1787 to amend Articles- wanted national, strong central government 1st time people, not king, created their own government Each state had to vote for Ratification 1 democratic institution Later federalists and anti-federalists (strong vs. weak central government; nationalists vs. anti-nationalists) States retain sovereignty, but at same time form 1 union 2 arguments: Legal and Philosophic Legal: Article XIII- no changes unless unanimity Philosophic- Locke’s State of Nature, equal and independent- requires unanimity Virginia Plan- written by Madison- bicameral legislature where representation determined by size/proportion of State and taxes Add Executive and Judicial Powers Congress has powers open-ended- where states incompetent, or when US harmony interrupted, veto state laws, punish delinquent states (send in military) New Jersey Plan- not replacing Articles, instead amending them Unicameral legislature- 1 Congress Executive and Judiciary Congress power to tax imports and regulate commerce Punish delinquent states (same as VA plan) Connecticut Compromise: Bicameral legislature- states rep in one (like Senate), lower house = taxes $ bills only in House of Reps, not Senate Suffrage changed from financial contribution to population Compromise number 2- Congressional apportionment 3/5 of all people not taxed (slaves) added to the count of population of states; excludes Native Americans Caused hypocritical and ironic arguments between the North and South over whether slaves counted as full people in population/suffrage- voting power/representation Amendments to the Constitution of the USA I. No established religion or prohibition of free exercise Freedom of speech, press, assembly of people, petition Government II. Well-regulated militia for security of free state, right to bear Arms III. No soldiers quartered in houses without consent IV. Right to protection from unreasonable seizures, and no warrants without reasonable cause (oath of affirmation) V. Right to Grand Jury, except cases military No compelling to be witness against himself No private property taken for public use without due compensation Not deprived of life, liberty, property without due process of law VI. Right to speedy and public trial by impartial jury in district where crime was committed Be confronted with witnesses against him Witnesses in his favor Assistance of counsel for defense VII. Being sued rights and jury VIII. No excessive bail, fines, cruel/unusual punishments IX. Rights of people retained in Constitution X. Powers not delegated to US by Constitution nor prohibited to states, go to respective states/to the people XI. ? XII. Electors meet in respective states to vote on president and VP (who can’t live in same state) President of Senate, in front of 2 Houses, open and count votes (if tie, House of Representative chooses by ballot VP act as President if they can’t choose Senate should choose VP in tie Persons ineligible or Pres also ineligible for VP XIII. No slavery nor involuntary servitude XIV. Section I- people born/naturalized in US are citizens of US and home state Section II- Representatives apportioned to states by respective numbers by people, excluding Indians Section III- no leaders of any sort can be eligible if they have committed crime or rebellion against US (or treason) Section IV- no question of validity of US public debts No state of US shall pay to aid in treason against US, or slavery – illegal and void XV. Power to collect taxes on incomes without apportionment among states XVI. ? XVII. Senate = 2 senators from each state elected by people for 6 years Each get one vote When vacancies, election to fill XVIII. Prohibition of alcohol XIX. Right of citizens to vote without account of gender (women’s suffrage) XX. President, VP, Senators, and Representatives term end on certain days in January Congress assembles at least once a year If President dies, VP takes over at least until election of new President Congress can provide people for election for office in certain situations XXI. Repealed Amendment for prohibition XXII. No president elected more than twice; limitations XXIII. ? XXIV. Right to vote in all elections XXV. VP President in cases of retiring; vacancy for VP cases, President nominates new one with confirmation vote from both Houses; rights and limitations of president pro tempore XXVI. 18 years and older to vote The Constitution Class Notes Article I- 2 Houses (bicameralism) internal check of power House of Representatives apportioned by state population Re-election every 2 years States set voting requirement for electing officers (regulated) Age qualification is 25+ 3/5 clause- slaves count as 3/5 of population Senate- 2 from each state (people do not directly vote for Senators); Senate represents rights of states 30+ years qualification; chosen by state Legislature (except 17 th amendment gave people of states the vote for Senator reps); 6 year term (3 times the length of term of House of Representatives term) Impeachment- formal accusation by House that officer of government has done something illegal (like indictment) Senate then holds trial and convicts by 2/3 vote (removes person from office) Power of legislative to have final say over everything in government Officers cannot serve in more than one office at a time (violation of separation of powers); cannot combine executive and legislative powers How bill becomes law- 2/3 vote from both Houses = veto proof (becomes law even if president vetoes it) Powers of National Government: Taxing and spending law- public good Commerce cause- congress regulates trade between states Necessary and proper clause (elastic clause)- national economy and private life (gives vague powers unnamed) War powers clause- declare war, rules for capture on land and water Restrictions on Congress No suspending writ of habeas corpus (formal charges against arrested) Bills of attainder (vote to say person is guilty of crime) Ex post facto law- law passed to make something retroactively illegal (you can even get in trouble for doing something before it was illegal) Article II: President Executive power lies totally with president Electoral college- each state has certain number of electors almost proportional to population State legislature chooses electors Qualifications for president- 35 or older, natural born citizen of US, resident for 14 years Succession- VP President if something happens; after VP, Congress determines by law; criteria for impeachment Oath of office III: Judiciary Low power, term based on good behavior Amendments 1. Bill of Rights st 1 -threedoms of religion, press, speedy assembly 5 - due process clause to restrain government from violating individual rights 9 and 10 - anti federalists’ victory- states continue to have power 2. Civil War Amendments th 13 - abolition of slavery 14 - corrective federalism- restrict states’ actions, define natural citizenship, due process clause 3. Progressive Era Amendments th 16 - income tax 17 - popular election of senators th st 18 and 21 - enforce and repeal prohibition
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