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Government 2301 Study Guide Exam 1 Political Participation of citizens going down, not familiar with issues and

d distrust Autocracy One person makes the most important decisions Oligarchy Small group makes decisions Democracy People govern themselves Theocracy - a form of government in which God or a deity is recognized as the supreme civil ruler Capitalism Economic system wherein individuals own property in free market Socialism Collective or government ownership of economic enterprise, with equality of results Communism Single totalitarian party controls all means of production and distribution of goods and services. Direct Democracy Every person participates actively Representative (Indirect) Democracy public decision making is delegated to representatives of the people chosen in elections Politics The process by which organizations define their membership, character and policies. Majoritarian Democracy Government policies are the wish of the majority, via elections and polling. Pluralist Democracy Government policies are the product of interest groups with wants and needs. Elitism Democracy power is concentrated in the hands of small group of individuals or institutions who only care about what is best for them.

Government Goals and Purposes order of life and property, freedom for all without restraints on personal behaviors and equality between all, whether political or social Government Policies Constitution, Laws, Rules and regulations implement laws; and executive orders are issued by the president. Policy Statements Constitutions, laws, executive orders, rules and regulations and court decisions. Purposes of a Constitution to create government bodies, give them powers and then limit those powers. Characteristics of desirable constitution brief, general but flexible Political Equality Belief that the law should apply equally to all and that every persons vote counts equally. Social Equality - all members of a society have completely equal treatment, opportunity and access to resources. Conservatives traditional. Liberals of or constituting a political party advocating or associated with the principles of political liberalism Libertarians Opposing government intervention in both economic and social affairs, and favoring minimal government in all sectors of society. Colonial America People in the 13 colonies had more freedom and higher standards of living than in England. In England there was one church and here there were different options. People came to US to escape religious persecution in England. Taxes were lower. There was self-government and self-elections by 1763. Colonists shipped tea, tobacco, lumber, fur to England and England shipped furniture and slaves, garments and sugar. British army protected people and ships in colonies.

Stamp Act of 1764 All documents must have stamp affixed to them. Then newspapers needed stamps. Colonists irate. No taxation without representation. British canceled stamp act but still raised taxes on other items. 1770 Sam Adams arranged for demonstrations in front of Barracks. All hell broke loose. 1773 Only East Indian Tea Company was allowed to import tea to England. Constitution Legal structure of a political system, establishing governmental bodies, granting their powers, determining how their members are selected and prescribing the rules by which they make their decisions. First Continental Congress - a convention of delegates from twelve of the 13 original colonies came together in 1774 to protest British interference in American affairs. Revolutionary War - April 19, 1775. The evening before, British regular troops marched from Boston to seize arms stored by citizens in Lexington and Concord, Massachusetts. At dawn the next morning the Minutemen (armed citizens) organized protection in towns. Brief battles between them and British. Second Continental Congress June 1775. George Washington appointed Commander in chief of American forces. Controlled militia. Declaration of Independence July 4, 1776. Thomas Jefferson wrote it. The resolution adopted by the Second Continental Congress, that the American colonies are to be free and Independent states. Asserts natural law, inalienable rights, government by contract, and the right of revolution. Social Contract government originates from an implied contract among people who agree to obey laws in exchange for the protection of their natural rights. Aristocracy of Merit Educated founding fathers saw themselves and others like them as meriting certain things. White, rich, land-owning men.

Articles of Confederation The original framework for the government of the US, adopted in 1781. It established a firm league of friendship among the states, rather than a government of the people. Continental Congress approved Articles on November 15, 1777. Congress was a single house in which each state had two to seven members but only one vote. Congress appointed executives, judges, etc. Made war and peace. Could not collect taxes. Relied on states to do so. No taxes brought to financial difficulties. Congress had to ask states for money to pay for war of independence. 90 percent of money asked for was not paid. Congress in debt. Bonds value plummets. States could tax other states goods. Interstate commerce not regulated. Heavy tariffs imposed on shipments between states. These were commercial obstacles. States issued their own different currencies, had their own tender laws. This brought to currency problems and finances throughout the states were unstable. Western land values were low because the Confederations military was weak. Indians attacked. In several states debtors revolted against tax collectors and sheriffs attempting to repossess farms. Rebellions broke out. There was civil unrest. Shays Rebellion - Summer 1786 serious rebellion broke in western Massachusetts. 2000 farmers captured courthouses. Daniel Shays, a veteran of the Revolutionary War, held city of Springfield captive briefly. Burned deeds, mortgages and tax records. Was put down by a small mercenary army, paid for by well-to-do citizens of Boston. This event propelled property owners to support the creation of a strong central government capable of dealing with radicalism. Populism - grassroots political movement arose among small farmers in the country's wheat, corn, and cotton fields to fight banks, big corporations, railroads, and other "monied interests." The movement burned brightly from 1889 to 1896, before fading out. As early as the 1870s, some farmers had begun to demand

lower railroad rates. They also argued that business and the wealthy--and not land--should bear the burden of taxation. Populists were especially concerned about the high cost of money. Farmers required capital to purchase agricultural equipment and land. They needed credit to buy supplies and to store their crops in grain elevators and warehouses. After nearly two decades of falling crop prices, and angered by the unresponsiveness of two political parties they regarded as corrupt, dirt farmers rebelled. In 1891, a Kansas lawyer named David Overmeyer called these rebels Populists. They formed a third national political party and rallied behind leaders like Mary Lease, who said that farmers should raise more hell and less corn. The Populists spread their message from 150 newspapers in Kansas alone. The party's platform endorsed labor unions, decried long work hours, and championed the graduated income tax as a way to redistribute wealth from business to farmers and laborers. The party also called for an end to court injunctions against labor unions. The Populists embraced government regulation to get out from the domination of unregulated big business. The platform demanded government ownership of railroads, natural resources, and telephone and telegraph systems. Consensus in Philadelphia Natural rights to liberty and property - natural law, superior to any humanmade law, endowed each person with certain inalienable rights (to life, liberty and property). Social Contract Founders believed that government originated in an implied contract among people. People establish government and obey laws, pay taxes in exchange for protection of their natural rights. Legitimacy was given to government by the consent of the governed. Representative Government People should have voice in choosing their own representatives in government. No aristocracy and titled nobility. Instead a Republic.

Limited Government No unlimited power. It corrupts. Witten constitution that limits scope of governmental power. Nationalism Strong and independent national (federal) government with power to govern directly, rather than through state governments. Levying taxes National Government can levy taxes, no dependence on state contributions. Regulating commerce Congress can regulate commerce with foreign Nations and between states. Protecting Money New national government can control money supply. It can coin money and regulate its value. War and Military Forces Congress can declare war, raise and support a regular army and navy and make rules regulating these forces. Commander-in-chief The new president became commander in chief of the army and navy of us and militia of several states. Foreign affairs National government assumed full power over foreign affairs and prohibited states from entering into any treaty, alliance, or confederation. President has power to make treaties and appoint ambassadors. Republicanism Government by representatives of the people rather than directly by the people themselves. Conflict in Philadelphia Representation Different plans were hatched to present a draft of a new constitution. See below Slavery was also another issue of conflict. Slavery was legal everywhere except in Massachusetts.

Voter qualifications and holding office in the new government. Most delegates believed that voters and office holders should be men of property. Virginia Plan Two house legislature, with lower house directly elected based on state population and the upper house elected by the lower. Legislature with broad power, laws including veto power over passed by the state legislatures. National judiciary elected by the legislature. Council of Revision with the power to veto laws of the legislature. The New Jersey Plan One-house legislature with equal state representation, regardless of population. Legislature with the same power as under the Articles of Confederation, plus the power to levy some taxes and to regulate commerce. Separate multiperson executive, elected by the legislature, removable by petition from a majority of the state governors. National judiciary appointed by the executive. National Supremacy Clause similar to that found int Article VI of the 1787 Constitution. The Connecticut Compromise The Constitution of 1787 Two house legislature, with the House directly elected based on state population and the Senate selected by the state legislatures; two senators per state, regardless of population. Legislature with broad powers, including the power to tax and to regulate commerce. President chosen by an Electoral College. National judiciary appointed by the president and confirmed by the senate. National Supremacy Clause: the Constitution is the supreme Law of the Land. 3/5 compromise a compromise in the Constitutional Convention of 1787 between pre- and slave states in which slaves would be counted as 3/5 of a person for both taxation and representation. Unitary system - Constitutional arrangement whereby authority rests with the national government, subnational governments have only those powers given to them by the national government. Confederation Constitutional arrangement whereby the national government is created by and relies on subnational governments for its authority.

Federalism A constitutional arrangement whereby power is divided between national and sub-national governments, each of which enforces its own laws directly on its citizens and neither of which can halter the arrangement without the consent of the other. Bill of Rights Written guarantees of basic individual liberties, the first ten amendments to the US constitution. Guarantee freedom of expression, religious freedom, affirming the right to bear arms and protecting citizens from quartering troops, protecting rights of accused persons, protecting rights of people and states. Ratification Power of a legislature to approve or reject decisions made by other bodies. State legislators or state conventions must have the power to ratify constitutional amendments submitted by Congress. The US senate has the power to ratify treaties made by the president. Federalists Supporters of the ratification of the Constitution, who later coalesced into a political party supporting John Adams for president in 1800. Anti-Federalists Opponents of the ratification of the Constitution, who later coalesced into a political party supporting Thomas Jefferson for president in 1800. Electoral College The 538 presidential electors appointed among the states according to their congressional representation (plus 3 for DC), whose votes officially elect the president and vice president of the US. Right to Vote - Constitution requires that Representatives be chosen and Senators be elected by "the People," and who comprises "the People" has been expanded by the aforementioned amendments several times. Aside from these requirements, though, the qualifications for voters are left to the states. And as long as the qualifications do not conflict with anything in the Constitution, that right can be withheld. Founding Father Motives They wanted to create a national government that would be capable of reconciling disparate state interests.

Checks and Balances Constitutional provisions giving each branch of the national government certain checks over the actions of other branches. Congressional checks on courts Can reject judicial nominees, including those for supreme court. Can create lower federal courts. Can amend laws to change court interpretations. Can propose constitutional amendments to change court interpretations. Can impeach and remove judges. Court checks on Congress Can declare laws unconstitutional Presidents checks on Congress Can veto bills passed by Congress Can call special sessions Can recommend legislation VP presides over Senate and can vote to break ties Court checks on President Can declare actions of president unconstitutional President checks on Courts Nominates judges, including Supreme Court Justices Can pardon persons convicted by federal courts Congressional checks on President Can override presidents veto

Can impeach and remove president Can reject appointees Can refuse to ratify treaties Can reject presidents requests for laws and funds Can investigate presidents actions Separation of Powers (Shared) Constitutional division of powers among the three branches of the national government, legislative, executive and judicial. Legislative Bills and laws approved by House and Senate. President shares legislative power to sign or veto laws of Congress. Congress may override Presidential veto with 2/3 vote in each house. President may suggest legislation and recommend items for consideration and convene special sessions of Congress. Executive President can appoint ambassadors and cabinet members, but this power is shared by Senate. President must also secure the advice and consent of Senate for any treaty. President must execute laws, but Congress gives money. Congress appropriates money for executive branch. Congress authorizes creation of executive departments and agencies. Congress may impeach and remove president from office for treason, bribery or other High crimes and misdemeanors. Judicial Members of supreme court are appointed by president and confirmed by senate. Nine members. Congress may determine more or less. Congress must create lower federal district courts as well as courts of appeal. Congress must determine number of judgeships and jurisdiction of federal courts. Supreme Court has power of judicial review to declare laws of congress and the states and actions of president unconstitutional and therefore legally invalid.

Original jurisdiction Where the litigation begins.


Appellate Courts Where cases are appealed. U.S. District Courts (original cases) and Circuit Court of appeals (appeal cases) Established by Congress. Supreme Court hears maybe 75 cases a year. Mostly original cases. Between states, presidential. Etc. Texas Constitution 1836 Republic of Texas March 16, 1836Independence from Mexico. Took US constitution and adopted most of it. Weakened Governors powers. US congress would not accept because of slavery. 59 male colonists convened to declare Texas independent and elected bicameral Congress and elected president. 1845 Statehood Became state. Adopted Southern State Model Constitution. Very lengthy. Ste Constitution drafted to allow Texas annexation to US. Created elected governor and an elected lieutenant governor. These voted for other appointees. Texas voters amended this constitution and made it a Pluralist executive system in which each office holder is voted for separately. Protected private homesteads from foreclosure, guaranteed separate property rights for married women and established fund for public schools. Recognized slavery, etc. 1861 Civil war constitution Texas seceded from Union before Civil War. Member of confederacy, protected slavery. Big on states rights. 1866 Economy was in disarray. Texas was subject to national control through military government and then provisional government. There were laws for freed slaves but these laws were never funded or carried out. Texas voters revived 1845 constitution and included stipulations required by national government. Blacks become 3rd rate citizens. Vagrancy laws are passed. Constitution rewritten in 1867. Blacks and others were able to vote and be elected. 1869 The Reconstruction Constitution Conformed to republican wishes. Powers were centralized in state government but weakened local government. Annual legislative sessions. Governor appoints. There were abuses of the

document under administration of Republican Governor Edmund J. Davis. Due to his behavior, from 1870 to 1874 he was governor. He did help with subsidizing railroad construction, funded public education, 4 months a year compulsory education, state police was created with former slaves, and state militia was created to protect citizens from Indians. But Davis proposed unconstitutional and authoritarian laws that were passed during his time. His government was overpaid. Due to him governor in Texas has no power. 1876 Retrenchment and Reform Democratic majority took over. New constitution. New convention in Austin on 9/6/1875, all men. Rural and frontier men. Saw government as evil that had to be restricted. Average age 45. Very heavy agricultural influence on constitution. Local control, strict limits on taxation, short leash on legislature, courts and governor. Limited government, social contract theory, separation of powers, popular sovereignty. Local authority of public school systems, causing inequality due to different taxation bases, requires balanced state budget, restrictive laws on voter participation (had poll tax), Lt. Governor has more power than governor, part-time legislature meets every two years for about four months.