American Government Study Sheet Historical Background Important Terms Confederation a loose alliance or league of political units.

its. Separation of powers powers of the government is divided. One branch makes laws (legislative), one branch decides how the law should be applied (executive), and one branch interprets the laws (judicial) Checks and Balances Branches of government should be kept separate so that one could act as a check on the power of the other The Great Compromise taking the Virginia Plan and the NJ Plan and combining the two ideas. Legislature would have 2 houses one where the representation was based on the population and the other where each state had equal representation. The Three-Fifths Compromise the South (had more slaves) wanted the slaves to be counted in population for more representation, didnt want slaves to be counted in population for direct taxation 5 slaves would be counted as 3 free people for representation and taxation Congress forbidden to interfere with slave importation for 20 years Articles of Confederation The agreement that bound the colonists loosely together in the period immediately after the Revolutionary War Weaknesses It was only a league of friendship between the states so most of the power resided in the individual members rather than the central government (the Confederation) There was only one House of Delegates from the states in Congress so there were no checks or balances. There was no chief executive (enforce laws) or courts (handle disputes) Delegates were chosen by the state legislatures and were held accountable to the state legislature rather than the people they represented - didnt really say what people wanted Each state only got one vote so the smaller states could easily obstruct the legislation 9/13 states needed to agree on an important matter to pass the laws Usually only 10 states showed up at 1 time so it was difficult to pass laws Adding an amendment required all the states to approve Powers of the government (Money and Trade)Borrow and issue money in the name of US but had to request the states to supply fund (War) Could declare war, pay for common defense, build and equip a navy, but had to request states to supply troops for an army (Foreign Affairs) Could send and receive ambassadors and enter into treaties and alliances

Problems the powers granted/not granted to Congress Money and Trade Congress could issue currency but couldnt stop each state from issuing its own currency, which made it difficult to do business between states Couldnt directly tax people and could only request them to fund, which were ignored Couldnt interstate commerce Congress couldnt stop illegal things or smuggling. There were disputes about control over the travel routes They couldnt control foreign commerce since each state had its own taxes on imports (tariffs). Money values were different in each state War In debt after Revolutionary War to both people in the states and to their allies, but had no money to pay them. Couldnt recruit an army and could only request the people to supply troops, which they were reluctant to do. There were rebellions from people who fought in the war and still werent paid. Foreign Relations Had little respect abroad and was ineffective in dealing with foreign nations since they had no power to do anything People shoes to have such a weak union because People were used to being individual states and they had their strong loyalties to them Worried about trading tyrant king for a strong central govt Were only connected through mutual hatred of an enemy nothing tied them together anymore Lacked contact with each other due to poor roads and inadequate transportation They were not independent economically Constitutional Convention Meeting where the Articles of Confederation was thrown out and the Constitution was drafted. Convention held by heads of states to address issues with the govt Agreed that the government had to be strong, but not too strong Govern effectively in the US and abroad, but not to take away the liberty and property of the people Needed to have executive head, a judiciary and a legislature Central govt needed to be able to levy taxes, raise an army, control interstate + foreign commerce, have the sole power to make money, and exercise power directly on people and not indirectly thru the states Political Philosophy John Locke no absolute power/ruler, govt protects natural rights of life, liberty and property, the right to overthrow a govt, the right of self determination, having a social contract, and a popular sovereignty

Baron de Montesquieu The separation of power (different branches), and having checks and balances (making sure no branch has more power than another) Voltaire freedom of thought and religion Rousseau Equality among men, having a social contract, having a popular sovereignty, the concept of the general will, men are restrained by the general rule/decision of the majority, community votes on all decisions, and everyone would accept the communitys decision Constitution Bundle of Compromises Representation More populous states wanted representation based on the population (Virginia Plan) while the less populous states wanted equal representation (NJ Plan) There would be 2 houses House of Representatives and the Senate Slavery Southern states wanted the slaves to be counted as population for more rep., but didnt want the slaves to be direct taxation and the northern states wanted the opposite 5 slaves counted as 3 free people for rep. and direct taxation. Congress wasnt allowed to interfere with importation of slaves for another 20 yrs. Presidency Wanted the term office for the President for either 3 years or for life. Was chosen by the people directly or by Congress 4 year terms and chosen by electoral college Ratifying and Amending the Constitution Important Terms Ratify to approve or officially sanction Federalists didnt believe in sovereignty of the states and wanted to ratify the Constitution. Wants governmental powers to be divided among central govt and smaller provinces. Were mostly wealthy people Knew that if they didnt form a union, they would be broken down and go to war Diversity is needed and its unlikely one group of people would be able to oppress a smaller group Anti-Federalists didnt want a strong central govt to rule over them and were against the Constitution. Believed power should be only given to the states. Were not as wealthy. Supported religion and were afraid of anti-religious people gaining power. Were afraid and suspicious of a big govt and that they would squash peoples rights and abilities Wanted to be left alone Bill of Rights list of compromises and amendments. Process for Ratifying To propose an amendment, either 2/3 votes in both houses of Congress (state legislatures) or 2/3 of the state govt requests a Convention To ratify it, of the 50 state legislatures say yes or of the state conventions say yes.

 Challenges and Debates in the Context of Ratification Federalists thought govt powers should be split between a central govt and smaller provinces. Anti-federalists didnt want a strong central govt and the power to go to the states. Amending the Constitution If 2/3 votes in both houses in Congress are met, the amendment is submitted to the states for ratification. of state legislatures must ratify this amendment within a certain period of specified. OR, the state legislatures apply for a convention with Congress to propose an amendment. If 2/3 of the states ask for a convention, Congress is required to have one and after the amendment is proposed in the convention, of state legislatures must ratify it. This process has never actually been used. Things that Cant be Changed in the Constitution Cant interfere with slavery before 1808 Cant directly tax people until after 1808 and needs to tax people uniformly Cant force a state to give up their 2 votes in Senate Strengths and Weaknesses of the Amendment Process Changing the things in the Constitution is in the hands of the people It can change in time as people and times change The majority of the people need to want to pass this amendment ties nation together However, it takes a long time to go thru this whole process time consuming During the time it is being processed, the people might not want this amendment anymore Usually, only the state legislatures are the ones getting the laws passed Bill of Rights Deemed necessary because King George had not protected them and the Bill of Rights listed the peoples natural human rights and limited the govt power Freedom of Speech, Right to bear arms, Quartering soldiers, right of warranted searches and seizures, People arent forced to testify and cant be accused of same crime twice and life liberty and property cant just be taken away from you without your agreement, Right to a speedy trial, No unreasonable or cruel punishments before trial, Rights to the people that arent written in the Constitution, Powers of the states that are not written in the Constitution Preamble Starts with We the People - Makes it seem like the people are in charge and govt is part of the people. Authority comes from the people (popular sovereignty) Constitution was created to join the states together, protect the rights of the people, make it a better place Purposes of the govt are to have fairness and equality in the Justice system, insure safety and no invasions of privacy, keep a strong military to keep us safe, people in the country are happy that decisions are made by them, assured the right to life liberty and pursuit of happiness and future generations are assured the same rights

 Legislative Branch Important Terms Apportionment distribute shares according to a plan Ex post facto after the fact (action outlawed by a law that occurs after the act) Levy to put on the people (taxes) Habeas corpus the right to question the legitimacy of a law or case (except in times of war) Bill a proposed law Pigeonholing During committee action, a proposed amendment is ignored to the point where it is forgotten and dies Veto to overrule, done by executive branch Pocket veto the executive doesnt veto or sign the bill for ten days and Congress is no longer in session. Is automatically vetoed Familiar with the Legislative Branch Congress Senate (100 members 2 in each state) Vice president is the presiding officer and the deciding vote chosen in general election House of Representatives (435 members) Presiding officer is Speaker of the House chosen by Representatives Requirements House of Reps. 2 year terms Need to be 25 years old, been a citizen of US for 7 years, have to live in the state they are representing One rep for every 30,000 people Senate 6 year terms Need to be 30 years old, 9 yrs. as a citizen of US, and has to live in the state they are representing Congress has power to borrow money from US, declare war, levy taxes, organize navy & army, regulate commerce, have courts below the Supreme Court, have post offices, coin money and tax slave trade. Doesnt have power to grant nobility titles, pass ex post facto law, make a law abridging freedom, suspend habeas corpus when there is no emergency Connection to Apportionment and population is that proportional number of people in each state sends 1 representative Lawmaking Process Bill is introduced by a member of Congress by being placed in a hopper. Senate announces it orally and bills for raising revenue originate from the House About 90% of bills introduced are killed in Committee Proceedings and the majority of the committee must approve the bill for it to be considered by the entire house. After majority is approved, it will move to the other house where same process continues

Reach of compromised bill and both houses must approve it. Signed by each house and the bill goes to the president President either signs it, vetoes it, or holds it. Congress can override a veto if there are 2/3 votes in each house Advantages and Disadvantages No hasty decisions are made, but it takes forever and even beneficial bills can fail to be passed because of this difficult system Executive Branch President needs to be natural born citizen, at least 35 yrs. old, and lived in US for 14 yrs. Term of office is 4 yrs. only allowed 2 terms Electoral College actually elects the president and Vice President takes over if something happens to the President President swears to Constitution of US when he takes Oath of Office President is Chief Executive (enforces laws), Commander in Chief (head of military), Head of State (ceremonial duties), Director of Foreign Policy (makes treaties/policies), Head of Political Party (appoint party officials), Economic Guardian (keep economy running smooth), Legislative Leader (vetoes things) Enumerated and Implied Powers Enumerated powers are powers that are listed in the Constitution while implied powers are not listed in the Constitution but can be inferred from the enumerated powers (suggested by US laws, court decisions or actions of earlier presidents) Enumerated powers make treaties with other countries, vetoes laws, Chief Executive, head of military Implied Powers head of state (welcomes people), head of political parties, economic guardian Cabinets lead different departments and was a tradition started by George Washington Electoral College each state has as many members as it does in House of Representatives 538 electors House of Rep picks President and Senate picks vice president if there is ever a tie Pros are that maintains balance between state and nation Compound Republic President who wins seems to have more convincing lead No majority in popular vote It makes it a 2 party system parties concerned with all people Cons Some states are more important than others so candidates focus on select states Faithless electors vote for someone different Can win popular vote but not electoral vote not every vote is always counted Impossible for 3rd party to win Alternatives Split the votes into Congressional District

 Popular vote where everything counts Proportional plan where votes are split into both democrat and republic votes Judicial Branch Important Terms Inferior Court any court below the Supreme Court Judicial Review judiciary branch deems actions or laws by the legislative or executive branch unconstitutional. Appellate Court any case cannot just go straight to the Supreme Court (except for extreme cases) Originalism believing the Constitution itself was good but the laws today are not Treason going against the US or works with the wartime enemy (can only be convicted if there are at least 2 witnesses or the person confesses) Supreme Court (9 justices) and inferior Courts 1 chief justice and 8 associate justices Appointed and nominated by president and confirmed by the Senate It is until they die, resign or are impeached. For life. Current justices 4 are liberal and 4 are conservative. 1 is the swing vote Drug smuggling, bank robbery, counterfeiting and crimes committed at seas are criminal cases tried in the federal court system while copyright and patent infringement, bankruptcy are all civil rights cases Duties of the Judicial Branch is to apply and interpret the law and ensure justice This branch has evolved from just protecting the people to interpreting the Constitution The case of Marbury v. Madison John Adams was trying to nominate as many judges of his ideology as he could during his presidency and one of them was William Marbury. When his presidency ended, he didnt have enough time to send it so the new secretary of state, James Madison didnt share the same ideology and didnt hand it in. Because of this case, the judicial branch could now had the power to interpret the Constitution because they had to read into it to see if he should be allowed to or not Some believe that the way the Constitution is interpreted is always changing because times are changing. Its a living document. Others believe they should interpret it the way the Framers wrote it and to be conservative. Federalism Important Terms Federalism political system in which powers are shared between national and state govt Nationalism supremacy of federal government Reserved Powers powers not given to federal but is not denied to states they are given to the states/people Concurrent Powers certain powers exercised by both the federal and state govt Supremacy Clause Constitution is the highest form of law in the American legal systems holds all the authority and trumps all state laws Commerce Clause Congress has the power to regulate commerce and is used in many Supreme Court cases. Has become the greatest source of federal power under Constitution

 In Favor of States Rights Expensive requirements Control things they dont need to Dangerous because they stick around even after the problem is solved Have ridiculous laws In Favor of Nationalism People lack the power to do things The state doesnt always get the limit because it could cause cross country problems Keeps things as good as possible Creates societal gains Wickard v. Filburn Power in Commerce Clause Filburn was a farmer who decided to plant wheat to feed his cows but the govt intervened. Wickard fined him and said he planted too much wheat while Filburn said that his wheat was only for him and not being sold. This case was important because if one person did something, then everyone would do it and there would be no value. Feds could tell you what to do or not to do so it removed some liberties. The ability to escape regulation in other states is gone