GOV FINAL JANELLE AND MONSE

Original jurisdiction: Supreme Court has the power to hear a case in first. The Supreme Court will hear any case that first deals with a government officials and controversies between states

Appellate Jurisdiction: Supreme court has the power to hear cases from the lower courts in all other cases. (Most of the cases that the Supreme Court hear come from its appellate jurisdictions)

Judicial power extends to all cases arising out of the Constitution

Laws of the United States

Issues involving treaties

Cases involving ambassadors or public ministers/counsels

All cases of admiralty and maritime jurisdiction

Controversies the United States is party to

Controversies between the states

Controversies between states and citizens of different states

Controversies between the United States and individuals

Land disputes over $20.00 (today it is 75000)B

etween the citizens of the United States and foreign governments

Original.

Examples:the United States government, the Constitution or federal laws, or. controversies between states or between the U.S. government and foreign governments.

Cases have come either from United States Court of Appeals or State Supreme Court

Case must involve an important federal questions that needs to be resolved or deal with Constitution

How the Supreme Court decides whether to hear a case. Requires four or more justices to "grant certiorari" (agree to hear an appeal). Supreme Court agrees to hear <1% of cases.

judicial review

Symbolic Speech: Non-verbal plus some kindof conduct- Tinker vs. Des Moines, Texas vsJohnson, United States vs O'Brien (burningdraft card)

Freedom of Assembly/Protest: Can peacefullyassemble to express your view point butcannot be spontaneous- Cox vs. NH- timeplace manner restrictions

•Must have permit 30 days in advance

•Police protection

•Pay permit up to $1000

•Can't disrupt public order or have spontaneous demonstrations

Freedom of Petition: Right to address the government via e-mail or letter writing to let them know your discontent- cannot circulate on military bases or government buildings

-government can disclose the names of voters who signed referendum petition and states cannot bar people hired to circulate petitions

Freedom of Press: Can't stop the publication of material that you don't like- Near Vs. MN and NYT vs USA

Hate Speech: Advocating the overthrow of the government in the abstract is allowed as long as don't incite someone to violence-people can say things that you don't like.Doesn't always mean violence- Brandenburg vs OH and National Socialist Party vs. Skokie

Freedom of Association: Can associate with/interact with anyone that you choose . Forms the basis of interest groups and political parties- NAACP vs AL

Right to a Fair Trial- judge can limit but can't bar reporters from court room

Political Speech: the ability to criticize the federal government and government officials holds the accountable

School Settings: your rights can be limited at school: dress codes, books taken out of library

No Libel: written defamation of character that is malicious or cruel- NYT vs. Sullivan

No Slander- oral defamation of character that is malicious or cruel

Fighting Words: Personally abusive language that the intent is to rile a person to aggressive action- Chaplinsky vs. NH

Commercial Speech- False Advertising- cannot be false or misleading

National Security/ AntiGovernment Speech: "Clear and Present Danger Rule". Creates"imminent lawless action" or a high probability that such action will occur.--

Speech that seeks to incite a riot, overthrow the government, sabotage, espionage, hindering the war effort not allowed- Scheck vs. USA

Obscenity: Language that offends public morality or that elicits sexual conduct is prohibited-Miller vs CA-

Miller Test-

1.Work only appeals to sexual interest

2. Offensive to community standards- people decide No literary, artistic, scientific, political value

1. miranda rights read and arrested

2. Selecting a jury.

3. Opening statements.

4. Witness testimonies and cross-examination.

5. Closing arguments.

6. Jury instruction.

7. Deliberation and verdict.

Representative: 25, state in which elected, 7 years

Senators:30, state in which elected, 9 years

Historical: The British Parliament and colonial governments were bicameral (two houses) and the system was well known.

Practical: Dividing into a Senate with equal representation and a House of Representives based on population was a way to resolve differences between large and small states. (Connecticut Compromise)

Theoretical: Framers wanted to ensure that each chamber could "check" the other to make sure no one branch dominated. (checks and balances)

House

435 member

2 year terms

Low turnover

Speaker bill referral hard to challenge Scheduling/rules Scheduling/rules controlled by majority party with powerful Rules Committee ((controls time of debate, controls time of debate, amends., etc)

Senate-100 members; six-year term-moderate turnover-referral decisions easily changed-scheduling rules agreed to by the majority of congress

Originally chosen by state legislators. Now they are chosen by the people. The 17th amendment changed that

This case said that congress has implied powers that are derived from the "Necessary and Proper"

Clause gave Congress the power to establish a national bank.

Implied Powers:

Punish tax evaders

Establish federal reserve system of banks

Regulate and limit immigration

Draft Americans into military

Establish minimum wage

Prohibit mail fraud

-sign the bill

-veto the bill

-let it sit on the desk becomes law after 10 days

-if congress adjourns law dies out

To prolong debate and delay or prevent a vote on a bill, resolution, amendment, or other debatable questionRule of Cloture: requires a 3/5 (60 senators) majority to end debate and permitted each member to speak for an additional hour after that before voting on the final passage

DEFINITION:Floor Leaders: leaders elected by their party members to serve as the chief spokesperson for that party.

ROLES:Leaders try to push their party's agenda forward.They lead the strategy of the party.They often serve as the party "mouthpiece" to the media and act as the party voice.

W - watchdog function [watch over president & congress, criticize & constructive criticism, beneficial policymaking]I - informer stimulator function [write platform, policymaking, inform the people, give cues]

N - nominating function [name candidates for office and present them to voters]

G - governmental function [channels in parties, forums, office holders, organization by party line, coordination]

S- seal of approval function [recruit, insurance, choose the qualified]

• Force of tradition: people accept it•

Electoral System: election law is written for two parties- winner take all system

• Historical Basis- we started out with two parties

• American Ideological Consensus: most people have general agreement on fundamental matters

-many speeches

-releases the party platforms

-officially choose the president and VP candidates

-delegate voting

-serve as a safety valve; if a voter dislikes both major party candidates they still have a 3rd option.

-They bring new groups into the electorate

-Spoiler Role: take decisive votes away from one party and change the outcome of the election

-Critic: Take clear cut stands on issues and draw attention to issues the two major parties would rather ignore

-Innovator: propose solutions to problems- often incorporated into the major party platforms.

Provide an alternative: give frustrated voters a candidate to support and bring new groups into the electorate

-Safety Valve for Discontent: allow voters to express their dislike for candidates and politics in general

-Ideological: based on a certain set of beliefs

-Single Issue: based on one topic

-Economic Protest: Proclaim their disgust with major parties, demand better times, focus energy on a monetary system

-Splinter Party: Those who have separated or split away from the major parties

-Decide the success or failure of a political campaign-Maximizing resource use to serve an area

-Understanding of the demographics

-Wealthy donors are able to exert immense influence over our political process by donating through a super PAC

-Receive a lot of money-Loophole money

1.) A "natural-born" citizen

2.) At least 35 years of age

3.) Resident of the US for atleast 14 years

Elected in general presidential election

Chief presiding officer (constitutionally) of the Senate

Cannot participate in floor debate

Duties:

1. Casts vote in case of tie

2. presides over Senate (recognized first on any floor debate)

3. Assists the president.

Winner of popular vote may not win Electoral College

• If there is a tie, then the election is decided by the House of Representatives

• Potential for undemocratic outcome

• Bias against minor parties who are not included

• Possibility of faithless elector changing their vote

• Why founders chose Electoral College no longer relevant

- people can get information about candidates through technology and political parties

• Gives too much power to swing states and thus candidates campaign solely in those states to win their votes

-cast a vote for someone they knew and someone they did not in December on the first Monday after the second Wednesday.

-States in the past all followed the winner-takes-all system.

-They then created a list of everyone who had cast a vote, along with the number of votes they received, and signed and certified the list before sending it to the vice president who would open and count votes in front of Congress

.-The person with the highest number of votes would be president and the runner-up would be vice president. If there was a tie the House chose from the top 5. On the other hand, a tie for vice president was settled by the Senate through a ballot.

-Now separate votes for president and vice president

• Impoundments- withholding of funds so Congress overspends on the budget

• Preparing the budget- legislative clearance- uses budget to control bureaucracy

• Use of the media to get public on his side- push his agenda

• Use of his own party to push his agenda• Use of interest groups to lobby Congress

• Power of persuasion and prerogative (acting without the need for legislation)

• Use of public approval rating both domestically and abroad

• Threat of veto to get Congress to help him w/agenda

• Bargaining with members of Congress- invite them to WH

People demand more of him- disaster relief and more national security

• He has taken power for himself (military powers)

• Congress has given power away (budget)

• During economic crisis situations or natural disasters power grows

• Mass media and television- communicate directly with people and doesn't have to rely on political party

• Government has grown- bureaucracy has grown- he commands the bureaucracy that provides these services

• Technological advances improve the economy and the president is tasked with managing it

• International relations- interactions with foreign countries- he's our representative abroad

Commander in Chief of the Army & Navy

Commander in Chief of the state militias (now the National Guard)

Commissions all officers

Power to commit troops in foreign conflicts

War Powers Resolution- Congress tried to limitpresidents powers to commit troops abroad butended up expanding them- can only committroops for 60 days without declaration of warfrom congress

Give State of the Union address to Congress and offers a plan of action. The President pushes his own agenda

Recommend "measures" to the Congress and uses all informal tools at his disposal

He can call special sessions

Upon "extraordinary occasions" adjourn both houses of Congress

Presidential Veto

Veto Message within 10 days of passing

The House of origin- congress writes objections into journal

Pocket Veto - President does not sign within 10 days when congress not working- bill dies

If president does not sign within 10 days while congress working- bill becomes law without his signature

Congress can override with 2/3 majority from both Houses

(Threat of veto can cause Congress to make changes in legislation)

• Has to be elected by a majority of the people and earn 270 electoral votes

• Relatively short terms (4 years- can only serve 2 terms maximum

• Can be impeached for high crimes and misdemeanors• Executive Actions checked by Supreme Court

• Congress controls money and Senate confirms presidential appointments

• Divided Government- if Congress is of a different party than himself limits how much he can accomplish of his agenda

• Public opinion-if public doesn't support his agenda

• Public opinion abroad- his relations with foreign countries and NATO

1. Establish Justice- make sure government processes are fair for everyone

2. 2. Ensure domestic tranquility-to preserve order and to make rules to help govern the people and to make rules to help govern the people

3. 3. Provide for the common defense-to protect theUnited States from foreign enemies

4. 4. Link the American people together-to provide access to politicians

5. 5.To promote the general welfare -to provide services to help the American people

6. 6. To secure the blessings of liberty-To safeguard -To safeguardour individual rights and liberties (freedom)

Natural rights: rights inherent in human beings, not dependent on government- rights dependent on due process of law

Consent of the governed: government derives its authority by the people

Limited Government: certain restrictions should be placed on government to protect natural rights of citizens. Government can only do what the people have given it the power to do

Popular Sovereignty: power of government comes from the people

Purposes of Legislature and Executive: serve the will of the people and to protect property rights

Social Contract: People join government willingly to be protected

People establish governments to achieve a goal

Give up some rights to be protected by government

Declaration states that people have right to abolish an unjust government and form a new one

Not only have the right but we also have the duty to alter or abolish any government that does not secure our unalienable rights, including life, liberty, and the pursuit of happiness .They also emphasized rule of law and that no one had a divine right to lead.

Acts of Parliament- make the laws and have bicameral structure

Ideas of Constitution: (England did not write down their constitution)

Political traditions and customs

Magna Carta 1215, Petition of Rights 1628, and British Bill of Rights 1688

They pulled many ideas like rule of law, separation of powers (Montesquieu), checks and balances(Montesquieu), natural rights, social contract, popular sovereignty, etc.

◦ ANTI-FEDERALISTS FELT NEW GOVERNMENT WOULD BE FAR REACHING AND WORRIED ABOUT NO PROTECTIONS FOR INDIVIDUAL LIBERTIES

◦ THE ANTI-FEDERALISTS WANTED SPECIFIC DECLARATION OF RIGHTS ADDED TO THE CONSTITUTION OR THEY WOULD NOT RATIFY IT

Unicameral congress but powers limited- no power to tax to get money, couldn't make states enforce laws of congress, couldn't regulate the economy, and no court system to maintain rights or to settle disputes

It was slowly causing the national government to go broke and Shay's Rebellion was the breaking point. Central government had no power. States were doing whatever they wanted.

Making and enforcing laws

Making taxes

Borrowing money

Build roads

Create lower courts

1. Full Faith and Credit: Each state must respect, recognize the validity of the laws, public records, and court decisions of every other state (taken from the Articles of Confederation)

2. Extradition- Criminals taken to state where they committed crime

3. Fugitive Slave Clause- mended by Amendment 13 - Free states must return fugitive slaves that have run away to free states/ territories.

4. Privileges and Immunities- States cannot discriminate against people from other states

They provide services to people. They get their power from states