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Karin Appenzeller

Karin Appenzeller

Set of flashcards Details

Flashcards 52
Language English
Category Politics
Level University
Created / Updated 06.10.2015 / 06.10.2015
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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