Government week 4 notes
Government week 4 notes PSCI 1040
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This 5 page Class Notes was uploaded by UNT_Scientist on Friday February 5, 2016. The Class Notes belongs to PSCI 1040 at University of North Texas taught by Gloria Cox in Winter 2016. Since its upload, it has received 23 views. For similar materials see Goverment in Political Science at University of North Texas.
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Date Created: 02/05/16
● 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 tjurisdictiof the federal government ○ Jurisdiction the right of the government to hear a case ■ Article 4 ● Interstate retaliations ● Contains thfull faith and credit clause ○ One state has to accept legal documents and the court proceeding and documents of other states ● Contains thrivileges and immunized clause ○ If a state provides a service for one citizen then it must be provided to all citizen ● Provides fxtradition ○ 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
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