U.S. GOVERNMENT CHAPTER 1
I) The state - body of people, defined territory, politically organized, with the power to make and enforce laws
A) Requirements
1) Population - varies greatly from San Marino (22,000) to China (1 plus billion) can be homogeneous (all people alike) or heterogeneous (many different kinds of people)
2) Territory - recognized boundaries - San Marino (24 square miles) to Russia (7 million square miles)
3) Sovereignty - supreme and absolute power within its territory - sets own foreign and domestic policies as well as form of government and economy used
4) Government - political organization that controls activities of the state - may be a democracy, dictatorship, monarchy, theocracy etc.
B) Theories of the Origins of State
1) Force Theory - one person or group claim control of area and force population to their will usually monarchy or dictatorship
2) Evolutionary Theory - state evolved out of early family grew into clan, which grew into tribes-stopped nomadic existence (agriculture) states began to grow
3)Divine Right Theory - state created by God and God chose certain individuals or families to rule either in his name or as gods themselves
4) Social Contract Theory - government by mutual consent, voluntary act of free men, state created to serve the needs of the people
II) Classifying Forms of Government (3 methods)
A) Geographic Distribution of Power
1) Unitary - all powers belong to a single central agency - local government does exist but only to assist the central authority and can be eliminated at any time
2) Federal - powers of government are divided between central government and several local governments - superior authority to both determines which powers each will have
3) Confederation - alliance of independent states - central authority has only the powers assigned to it by the member states
B) Relationship Between Legislative and Executive Branches
1) Presidential - 2 branches are independent of each other and are equal in power - branches
chosen separately and have distinct powers
2) Parliamentary - the executive is chosen by the legislature, is a part of it, and subject to its
direct control - executive remains in power at the pleasure of legislature
C) Number Who Can Participate
1) Dictatorship - one man or a small group (party) - those who rule are not responsible to the
will of the people - power is absolute covers all areas of life
2) Democracy - political authority rests in the hands of the people –
Direct democracy people determine public policies Indirect democracy people speak through elected representatives
III) Basic Fundamentals of Democracy
A) Importance of the Individual - each persons worth and dignity must recognized and
respected by other individuals and society
B) Equality of All Individuals - not all men created equal but each man should have
equality of opportunity and equality before the law
C) Majority Rule and Minority Rights - the right of the majority to rule must be tempered with respect for minority rights
D) Compromise - process of reconciling competing views in order to find the position most
acceptable to the largest number of people - not all good - not always possible
E) Individual Freedom - necessary but freedoms cannot be absolute
U.S. GOVERNMENT CHAPTER 3
I) The Six Basic Principles of the U.S. Constitution
A) Popular Sovereignty - political power belongs to the people who created the government and gave it its powers - government by the consent of the governed
B) Limited Government - not all powerful can act only in manner that the governed will allow government must obey the law - no one is above the law
C) Separation of Powers - power distributed between branches of government - each has separate duties and responsibilities - executive, legislative, judicial
D) Checks and Balances - each branch can limit the power of others - no single branch can gain control over the other two
E) Judicial Review - courts right to determine if laws and actions meet Constitutional criteria affirmed by Marbury v. Madison
F) Federalism - powers of government divided between federal government and the states
II) Methods of Amending the U.S. Constitution - worlds oldest single document of government
A) Formal Amendments - 4 methods may be used
1) Amendment proposed by a 2/3 vote of both houses of Congress and ratified by 3/4 of the State Legislatures
2) Amendment proposed by a 2/3 vote of both houses of Congress and ratified by 3/4 vote of State Conventions
3) Amendment proposed by National Convention - called by Congress at the request of 2/3 of State Legislatures - ratified by 3/4 of State Legislatures
4) Amendment proposed by National Convention - called by Congress at the request of 2/3 of State Legislatures - ratified by Conventions in 3/4 of States
a) If a State rejects an Amendment they can later reconsider and pass it - if they pass it they cannot change vote
b) 10,000 brought up in Congress since 1789 - 33 sent to States - 27 ratified
B) Informal Amendments - change without formal amendment
1) Legislation - passage of laws that modify vague clauses of the Constitution – examples creation of lower courts and Presidential Cabinet
2) Executive Action - the way in which the President uses his powers - examples using power as commander in chief to send troops without declaration of war – use of Executive Agreements to avoid need for Congressional approval
3) Court Decisions - Courts determine the proper interpretation and application of the
Constitution - example Plessy v. Ferguson and Brown v. Board
4) Party Politics - Political parties not mentioned in Constitution (first created by argument over ratification) - all functions are informal amendment -example nominating conventions
5) Customs - unwritten laws that have developed over the passage of time - example heads of 14 executive departments make up the cabinet - no third term for President
U.S. GOVERNMENT CHAPTER 4
I) Federalism and the Federal System (division of powers between federal and state governments)
A) Major Strengths
1) Local action on local issues - allows traditions, customs and ceremonies to be carried on and local decisions on issues that affect only that area
2) National action on widespread issues - provides strength of union on issues like national defense, foreign affairs and natural disasters
B) How Constitutional powers are divided
1) National government receives Delegated Powers - 3 types - many are Exclusive Powers
a) Expressed - written in black and white in the Constitution - 27 powers including the power to tax, coin money, regulate foreign and interstate trade, declare war, etc.
b) Implied - not expressly stated but can be reasonably drawn from those that are – primarily granted by the Necessary and Proper Clause (Elastic Clause) - Interstate Highways, prohibit discrimination, labor management regulations, etc.
c) Inherent - powers which sovereign nations historically possess - regulate immigration, acquire territory, protect against rebellion, etc.
2) Powers denied National government - 3 ways
a) Expressly denied in Constitution - tax on exports, deny freedom of speech, religion and press, illegal search and seizure
b) Powers not stated in Constitution - school systems, marriage and divorce laws, set -up local governments
c) Denied by the nature of Federal System - cannot tax states or commit other acts that would weaken powers of states
3) Powers granted to States - Reserved Powers
a) All powers which are not specifically granted to the Federal Government and are not denied to the States - marriage laws, liquor laws, licensing regulations, schools, etc.
4) Powers denied to States
a) Many powers that are specifically granted to the Federal Government - treaties and alliances, print money, tax agencies of the Federal Government
5) Concurrent Powers - powers that belong to and are exercised by both Federal and State Govt.
a) Tax, define crimes and punish criminals, eminent domain
b) Not exercised jointly - separately but sometimes simultaneously
C) Supremacy Clause determines which level of law takes precedence
1) U.S. Constitution> acts and treaties of the Federal Government> State Constitutions> State laws> local ordinances
a) Supreme Court acts as umpire of system resolves all conflicts
II) The relationship between the Federal Government and the States
A) Constitutional obligations of the Federal government - 3
1) Guarantee each State a republican (representative) form of government - no monarchies, dictatorships, etc.
2) Protect against invasion and domestic violence - attack on one State considered to be attack on all - help keep peace within State borders (riots and natural disasters)
3) Respect territorial integrity of States - includes actual geographic borders as well as seating elected officers (Senators and Representatives)
a) Federal Government cannot create a new State out of an old State without the permission of that State - example Texas or Alaska cannot be divided into several smaller States unless they agree
B) Areas of cooperation between Federal and State Governments
1) Federal aid to the States
a) Federal grants-in-aid - provide resources to State and Local Governments for projects that they otherwise could not finance
1) Categorical - certain defined purpose
2) Conditional - use funds for specified purpose, make own contribution, set up procedure or agency to handle grant, obey federal guidelines (no discrimination in hiring)
b) Block Grants - more broadly defined purposes with fewer regulations attached
c) Revenue Sharing - % of tax dollars returned to the State and local Governments – eliminated by the Reagan Administration
d) Other forms of aid - FBI aids local police, training and equipping National Guard units, Census Bureau studies
2) State aid to Federal Government
a) Conduct election of federal officials within States, naturalization in State Courts, local police assist in arresting and holding persons wanted by the Federal Government
III) Constitutional limitations on Interstate relations - 4
A) No State can make a treaty, alliance or confederation with another State
1) Compacts are allowed with the permission of Congress - over 200 currently in force - N.Y. Port Authority, Supervision of Parolees and Probationers, Compact on Juveniles
B) Full Faith and Credit - each State must respect the public acts, records and judicial proceedings of other States - drivers license, wills, etc.
1) Exception - one State cannot enforce another States criminal laws
C) Extradition - person who commits a crime in one State cannot flee to another to avoid prosecution
1) Exception - Governor does have the right to deny extradition but can be overruled by Federal Courts
D) Privileges and Immunities - citizens of one State may not be discriminated against by other States
1) Right to travel through, reside in, use courts of, buy property in and make contracts in other States - must follow the laws of that State while you are in it
IV) Admission for Statehood - only Congress can approve admission
A) Admission procedure
1) Area petitions for admission
2) Congress passes an Enabling Act - allows area to write a State Constitution
3) Constitution written and approved by voters of area
4) Constitution submitted to Congress
5) If Congress approves they pass an Act of Admission
B) Conditions
1) Each State that enters the union is equal to all others
2) States can be required to meet certain qualifications - Utah had to outlaw bigamy