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Lernkarten
Constitution: Basic Facts
- framework
- function: describes individual liberties (civil liberties) + right
- written & signed in 1787
- what is special? oldest written & still existing constitution; US established with constitution (history existed before)
- survived because it's vague + flexible + short
Constitution: Examples of constitutional questions
1. religion 2. internet privacy 3. national security vs. civil liberties 4. same sex-marriage 5. size of government 6. election of president
Constitution: Different Voices
George Washington: "not gonna last"
James Madison (one of writers): "not lose sight of changes to make it last"
Constitution: Historical Context & famous settlements
Colonies in New World (16th, 17th, 18th)
- Famous British settlements: 1607 Jamestown / Virginia -> reason of commerce
1620 Plymouth / Massachussets -> religious reasons
Brit. Colonies = Some of the freest people in 17th, moving towards a more representative form of gov.
Original States
13 colonies established between 1607-1733
Political Freedom in Colonies
English Civil War: 1640 - 1660 -> Charles I executed (König vs. Parlament), zeitweiligie Abschaffung der Monarchie
Glorious Revolution 1688: constitutional monarchy established (no absolute monarchs, parliament gained power)
English Bill Of Rights: 1689
- Colonists have written compact forms of self governments (rights) - Mayflower (Puritans), Virginia Declaration of Rights etc.
U.S Revolution
Decleration of Independence: July 4, 1776 = indpendent country based on John Locke's ideas: "life, liberty, pursuit of happiness" (people are born with natural rights)
- war, reaction to document, Brit vs US, violent break
- government protects rights, but does not give rights:
-> if it fails people have duty to rise up
-> people give gov. permission to exist = consent of the governed
Content of Declaration of Independence
- 1st paragrapgh: why they break away from UK
- balance of power is going to be shifted
- God references don't refer to Christians God, they believe in scientific principles
- pursuit of happiness = being able to use your potential
Articles of Confederation
- 1781, lasted 8 years (replaced by Constitution
- was a failure
- goal: avoid tyrannical form of gov. (no president, no taxes)
- every state is independent, weak central government
- gov. too weak -> didn't follow the same interests and needs
State of Chaos + Conflict
- individual states laws conflicted
- big versus small
- agricultural vs. industrialized
- Pro-French vs. Pro-British
- arguments over borders
- slave states vs. free states
How to create a form of gov. that is strong enough to unify, yet protects the autonomy of the states?
Important Dates for US history
- 1783: US beats Brit., treaty signed ending American Revolutionary War
- 1787: Constitution
- 1788: ratification by 2/3 of the states
- 1789: Washington first president, First Congress meeting, Bill Of Rights
- 1792: ratification Bill Of Rights
Concerns regarding Constitution
- States needed to be convinced - concerned it would create a central gov., suspicion of power
- Federalist (pro central gov.) vs. Anti-Federalist
- Federalist Papers -> to convince population
- Jefferson sought to establish a federal government of limited powers
Compromises (part of constitution): Great Compromise
1. Great Compromise: 2 chambers
- House of Representatives (lower chamber): proportional to state's population, representative serves 2 years, today: 435 / represent district, more personal to the people; ex. California: 53 Repr. -> 33 districts
- Senate (upper chamber): 2 senators, serves 6 years, today: 100; represents all of a state
Compromises (part of constitution): 3/5 compromise
- population gets counted every 10 years -> 3/5 of slaves included (free states: "don't count slaves!")
- population number would then be used to determine the number of seats that the state would have in the United States House of Representatives
Compromises (part of constitution): Bill of Rights
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Body of Constitution
- The preamble + 7 articles
- 27 amendments adderd (first 10 = Bill of Rights)
Constitution: Article 1
- legislature
- Congress makes laws
- most detailed article
Constitution: Article 2
- executive
- president + cabinet (secretaries) enforce laws
- article places limits on president, how he is elected, head of military (commander in chief), have to be US citizen (only position), how many years he/she must have lived in US
Constitution: Article 3
- judiciary (Supreme Court, federal court system)
- interpret law
Constitution: Article 4
- federalist system (relationship among the states, between gov. and states), full faith and credit clause -> state supposed to ratify documents, laws. etc. of other states, ex. same sex marriage)
Constitution: Article 5
- Amendment process, amendment serve to modify or to add to the constitution, amendment has to pass 2/3 of each chamber of congress and 3/4 of the states)
Constitution: Article 6
- Supreme law of the land
- constitution wins against federal law, state law etc., also: "no religious test shall ever be required as a qualification to any office", religion is only mentioned twice -> 1st amendment, 6 article)
- ex. Colorado & Marihuana (state doesn't interfere, even though it could)
- federal gov. has stepped in state law before (segregation)
Constitution: Article 7
- relevant in the beginning
- 3/4 of the states (9 out of 13 states) needed to ratify constitution
Powers of Congress
- Enumerated Powers: are a list of items found in Article 1, such as regulate commerce, coin money...
- Implied Powers: "to make all laws which are necessary and proper for carryinf into execution the foregoing (enumerated) powers"
Facts about speaker of the House / vice president
- always from majority party
- used to be John Boehner
- Vice President = running mate during campaign, if there is a tie in senate, VP gets to vote (tie breaking)
- words president has to say when elected = oath
Separation of Powers
- 3 independent and co-equal branches of gov -> refers to legislative, executive, judiciary (no branch is more powerful)
- Checks and balances: how those branches interact to limit and balance one another (fear of monarch taking over) -> ex. How a law is made, appointments with the advice and consent of Senate)
Checks and Balances: How a law is made
1. Bill (Draft from representative - sometimes in coperation with a citizen - bill is introduced in House, if majority agrees -> Senate -> if it reaches simple majority it goes to President, signs or refuses it (Veto)
- if Veto but 2/3 of the chamber want to keep bill, bill can be overridden (ex. Obamacare didn't reach 2/3 of chamber)
Checks and Balances: Presidential Appointments
- President can appoint secretaries, supreme court judges
-> can't do himself, needs advice approval of Senate > advice and consent of senate
Limits of Presidential Power
1. Treaties ratified by 2/3 of Senate (ex. KYOTO & Clinton)
2. Impeachment Removal from Office, accused of wrong doing by House of Representatives (presidents have been empeached but not removed) (impeached: Johnson & Clinton, Nixon resigned before impeachment)
3. Judicial Review power to invalidate any law that does not correspond with Constitution, role of the Supreme Court
4. Supreme Court 9 judges (justices), appointed for life, appointed by President with advice & consent of Senate
Landmark Supreme Court Cases
1. 1896: Plessy vs. Ferguson: "Separate but equal"
2. 1954: Brown v. Topeka Board of Education: segregation in schools is unconstitutional
3. 1973: Roe v. Wade: laws banning abortion are unconstitutional
4. 1976: Regents of the University of California v. Bakke: affirmative action policies are constitutional
Elections
Federal: voting for president, Congress
State: governor (4 years term, executive of state, gubernatorial elections), state senator and representative (legislature)
Municipal: Mayor, Citycouncil, Police Officer etc.
Presidential Candidates from 2000 - now
2000: Al Gore / George W. Bush
2004: John Kerry / George W. Bush
2008: Obama / Mc Cain
2012: Obama / Romney
Midterms: Majority in Congress
2008: House D / Senate D
2010: House R / Senate D
2012: House R / Senate D
2014: House R / Senate R
divided Government = opposed Party in at least one chamber
Primaries
Party-intern, um Kandidaten zu wählen (von Januar bis Juni)
2016: February 1st - Iowa
February 9th - New Hampshire
Electoral College: Facts
! Counted by State !
- each state has a certain number of electoral votes
- candidate who wins popular vote gets all votes -> Winner takes all
- to become President: 270 electoral votes
Electoral College: Popular Votes
Number of Popular Votes = Number of Representatives + Number of Senators
- D.C. has no representation in Comhress but 3 electoral votes
Electoral College: Blue / Red States
Blue = dem. / Red = rep.
- Swing states = States which are neither blue nor red (ex. Iowa)
- Problem: ex. Republican living in Blue State -> Why should I vote? / Scandal Bush & Gore
Key Amendments: 13th
1865: abolished slavery
Key Amendments: 14th
1868: citizenship/equal protection (referred to in same sex marriage discussion)
Key Amendments: 15th
1870: former male slaves given right to vote
