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| congress, the national legislature, consists of a House of Representatives, with state representation proportionate to state population, and a Senate, in which each state has two votes. The House is popularly elected for 2-year terms. The Senate was elected by state legislatures (no longer) for 6-year terms, staggered so one-third is chosen every two years. Congress has the power to tax the people directly and to spend and borrow. Congress can also regulate commerce and provide for national defense. |
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| Executive - There is a President, who has the power to command the armed forces, appoint federal officers, and veto legislation. The President is chosen by an electoral college whose members are elected by the states, each state casting as many electoral votes as it has Representatives and Senatores. State law says how electors are chosen -- nowadays by popular vote. |
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| Judiciary - Federal judges have life tenure. The Constitution establishes a Supreme Court. Lower-level courts are left for Congress to authorize. |
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| Interstate comity - Provides for states to get along with each other; for example, they must recognize each others' contracts and other legal acts and extradite suspected criminals. |
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| Amendments - An amendment to the Constitution must be proposed by a two-thirds vote in both houses of Congress, or by a convention called by Congress at the behest of two-thirds of the states. It must then be ratified by three-fourths of the states legislatures or ratifying conventions. |
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Federal Supremacy Clause - Whenever state and federal laws conflict, federal laws take precedence. |
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| Procedure for Ratification - The Constitution takes effect when ratified by a majority of votes in the elected ratifying conventions of nine states. (9/13) |
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A source of the constitution; deficiencies in the Articles of Confederation that led to the call for a Federal Convention; i.e. the national government had formal authority but not the effective power to tax, spend and borrow. |
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Source of the constitution; constitutional features the Founders had gotten used to, from Britain and the individual states;
i.e. elected, bicameral (two-house) legislature
-the executive appointment of high officials subject to Senate confirmation
-VP presiding over the senate
-President as chief of state receive diplomats, issue pardons, and commission officers |
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| Conflict, Compromise, and Strategy |
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| Source of the constitution; the differences among delegates and how they were resolved |
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Proposed by Governor Randolph of VA but written by James Madison
Legislature - proportional to population
Executive - chosen by legislature; did not specify single person or council
Council of Revision - was proposed to oversee laws and their constitutionality; it could alter or veto laws
Courts - plan left the structure and jurisdiction of the court system unspecified
Powers of Nat'l Gov't - gave the nat'l gov't plenary power when the states were incompetent or harmony armong them was interrupted. Central gov't had the authority to coerce states and to veto state legislation. Result was pretty much a unitary system of gov't |
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Preferred by the smaller states; proposed
Legislature - only had one chamber, in which each state had one vote
Executive - a board that was removable by state governors
Supreme Court - but left the rest of the court system unspecified
Nat'l gov't - could set tariffs, tax the people directly, and use force against states and individuals to compel compliance with the law |
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| proposed by Sherman and Rutledge; states would be represented proportionally in the House, but equally in the Senate |
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| Held 3/5 of slaves would be counted for legislative representation but also for direct taxation of the states by the Federal Government |
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| senators were elected by state legislatures and serve 6-year terms. Those terms are staggered so that a third face reelection every two years. These longer terms, staggered terms, and larger constituencies make the Senate less sensitive than the House -- better able to debate and discuss legislative details. The Senate tries impeachments and ratifies treaties. Conviction and ratification require 2/3 majorities. Also confirms Presidential appointments by a simple majority. |
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| General powers of congress |
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Military: declare war & regular and fund (state) militia and federal forces
Economic: tax and spend for common defense and general welfare; borrow; regulate commerce (interstate and foreign); legislate bakruptcy, money, copyrights, patents, etc.
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| Santa Clauses of Congress |
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Political System: self regulate; makes rules governing time, place, and manner of Congressional elections; admit states to the union; propose amendments to the Constitution; govern territory and seas; make naturalization laws
Personnel: Confirm Presidential appointees; impeach and try
Judicial: design the federal court system (except Supreme Court)
Administration: establish and oversee the federal bureaucracy
Foreign Matters: Regulate foreign commerce; Senate ratifies treaties
Supremacy: If there is ever a conflict between federal and state law, federal law wins
Elastic Clause: Congress may enact any laws necessary and proper to carry out its enumerated powers |
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| right of due process and the equal protections under state governments |
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| Separated VA into several smaller states |
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| U.S.S.C. ruled that seperate public facilties were allowed as long as they were equal; overturned by Brown v. Board of Education |
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| Brown v. Board of Education |
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| U.S.S.C. fuled that separate facilities were inherantly unequal |
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in ascending order, what are the three levels of Article III courts? |
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| district courts -> circuit appellate court -> supreme court |
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| the 3 branches of government are coequal and independent of the other branches |
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each branch has ability to make sure the other branches are not abusing their powers
i.e. Judicial Review, Executive veto |
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| The power of the Supreme Court to determine a legislative act unconstitutional; John Marshall affirmed it in Marbury v. Madison |
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How did Northwest Ordinance make it easier to form a stronger federal union? |
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| The smaller states no longer feared VA from becoming too powerful with a national government. The newly created state could then in turn work in favor of forming a stronger federal union. |
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| How did due process eventually become the source of a great many individual rights more commonly attributed to another part of the constitution? |
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| The due process part of the 14th amendment has been expanded to cover substantive due process in which many parts of the Bill of Rights have been incorporated to apply to state governments as well. |
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| the cases USSC can try extends to cases involving foreign diplomats and states as parties |
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| The cases from which the USSC can hear appeals can be limited by Congress |
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| General liberties - religion, speech, press, assembly, petition |
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bear arms - congress cannot bar gun ownership (no mention of state law) |
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| no quartering of soldiers |
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| rights of suspects - no unreasonable search or seizure |
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| rights of the accused before trial; right to grand jury indictment before being tried; no double jeopardy; no self-incriminating evidence; due process of the law; just compensation |
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rights of accused at trial - speedy and public trial; local and by jury of peers; informed of the accusations against him; cross-examine witnesses; right to legal counsel |
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| rights of accused after trial; federal government may not set excessive bail or fines or impose cruel or unusual punishment |
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| enumeration does not disparage other rights - rights not listed are not thereby denied. Madison needed to write this amendment to square his concerns of unlisted rights |
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| residual powers left to states or people - any power not enumerated in the constitution cannot be exercised by the federal gov't, only by the people themselves or the state gov't |
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| Rights of states. Soverign Immunity - a citizen of one state cannot sue another state in a federal court. |
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| Presidential accession. Separate VP election |
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| Lame Duck. This amend moved up the Pres's inauguration day from March 4 to Jan 20. It ensured that the outgoing president spent less time in office after the Nov election - less time as a "lame duck" |
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| President Limited to Two Terms in Office; this amendment arose in response to FDR's four terms |
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| New Method of Electing VP; this amendment says how a vacancy in the VP position is filled |
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| Equal Rights. End Slavery |
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Equal rights. Rights to citizens against states. States cannot deprive anyone of life, liberty, or property without due process of law. Guarantees all citizens the equal protection of the laws. |
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| DC to Vote for President. D.C. has 3 electoral votes. |
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| Bans Poll Tax. Beforehand one had to pay a tax to vote in some states. This effectively disenfranchised the poor, especially blacks. |
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| Allows 18-year-olds to vote |
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| Allowed Federal Income Tax |
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| Established direct popular election of the senate |
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| prohibition of alcoholic beverages and repeal of prohibition |
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| no congressional pay raise between elections |
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| established The Supreme Court's power of judicial review. Gave courts the ability to find legislative acts unconstitutional, affirming a judicial check on congress |
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| Case established that Congress can Limit the supreme court's appelate powers |
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| case rejects all legislative vetoes as unconstitutional, thereby perfecting the powers of separataion of powers. article ii |
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| Case affirms the broad reach of the federal government's implied powers. Article VI of the Constitution that states that federal law is supreme over state laws (supremacy clause) |
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| the equal protection clause of 14th amendment, which incorporated BOR |
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| The right to privacy using due process clause of 14th amendment |
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| affirmed the Contract clause by limiting the state's ability to alter contracts |
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established that only the Federal government can regulate interstate commerce |
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| case expanded the prevailing interpretation of the 6th and 14th amendments by establishing a person's right to counsel |
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| affirms rights to legal counsel and self-incrimination |
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| reaffirmed first amend during political campaigns. Court ruled that Congress couldn't place limits on how much an individual spent on his own campaign |
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| laws establishing free states and territories could not stop slave owners from bring slavings into those places. |
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| court ruled that the creation of electoral districts was a political decision and that the federal courts should never enter the political thicket of apportionment |
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| said that the Federal government could get involved if race was an issue oweing tot eh 15th amendment |
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| reversed Colgrove. Political representation was justiciable: the courts were free to hear challenges to legislatively drawn districts. Baker opened the door to the One-man, One-vote rule, requiring equal-size districts. |
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| Congress represents the people and not trees and acres |
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| tolerable inequality among districts is +/-1%, whereas states it's +/-15% |
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| judge made law. drive by precedence |
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| Case and Controversy Requirement |
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| US courts can issue decisions only on actual controversies - an actual case with two parties |
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| Judicial activism - respect for... |
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-plain words or constitution's text
-Legislative branch
-precedent
-political thicket
-property and contracts
-individual rights
-states' rights (or federalism) |
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