EOC RAGING REVIEW
What are the requirements for Florida Senate and House of Representatives?
21 years old, Live in the state for 2 years, be from the district that elects you.
DC v Heller
After the District of Columbia passed a law requiring the registration of handguns, requiring licenses for all pistols, and requiring that all legal firearms be kept unloaded and disassembled or trigger locked, a group of private gun-owners (including Mr. Heller) brought a suit claiming the laws violated their Second Amendment right to bear arms. The federal court that heard the case first said the Second Amendment only protected ownership of firearms for those associated with a militia, like the National Guard. Heller appealed this decision to the Supreme Court.The judicial opinion on this case focused on the meaning of the 2nd Amendment right to bear arms. The Supreme Court's interpretation of the 2nd Amendment is that individuals, not just militias, have the right to own or carry a weapon.
Direct Democracy
Democracy is a political philosophy that means "rule by the people"
What is domestic policy?
Domestic policy is the nation's plan for making laws and policies that impact citizen and non-citizen behavior in the United States. There are several different areas that the U.S. government focuses on when it comes to developing domestic policy. The U.S. government focuses on social programs, health care, and education when developing its domestic policy. Domestic policy covers a wide range of areas, from education, to the economy, taxes, social welfare and health care. The main goal of any domestic policy plan is to make laws and rules that benefit and protect the citizens and people within U.S. borders.
What is the common good?
Each citizen in the United States has certain obligations and responsibilities. Both the government and citizens are responsible for protecting the rights of individuals and for promoting the common good, benefits to the community/people. When citizens fulfill their obligations to the government they are making the United States a safer and better place to live.
Cuban Missile Crisis
In 1962, tensions were high between communist and non-communist nations during the Cuban Missile Crisis. The USSR (Soviet Russia) decided to put missiles in Cuba to threaten the U.S. President Kennedy threatened military action and after a 13-day political and military standoff, the tense situation ended and further conflict, including war, was avoided.
Bay of Pigs Invasion
The Bay of Pigs is a small bay off the coast of Cuba in the Caribbean Sea. This location was the site of an attempted invasion of Cuba by a group of people who were against the dictator, Fidel Castro. This became known as the Bay of Pigs Invasion. The United States led this attempted invasion in hopes of putting an end to the threat of communism so close to the U.S. (Cuba is only 90 miles away from the Florida Keys)
What natural rights are specifically lsited in the Declaration of Independence?
The Declaration of Independence reflects the specific natural (unalienable) rights of life, liberty and the pursuit of happiness. The writers of the Declaration of Independence recognized that these three rights are broad and important enough to list. The natural right to life gives individuals, and not the government control over their lives. Limits on this right exist when an individual commits acts that violate others' right to life. Liberty gives individuals the right to be free. Being free would later be expressed in the Bill of Rights with concepts that include freedom of speech, religious exercise, the press, peaceable assembly and petition. Liberty is also limited by the liberty enjoyed by other people within society. Finally, "the pursuit of happiness" is whatever individuals define as making them happy. Individuals have the right to try to achieve (pursue) their personal goal(s) that will lead to their personal happiness. Pursuit of happiness is limited by the natural rights of other people within society.
How did the Enlightenment thinkers influence the Founding Fathers?
The Founding Fathers researched the ideas of Enlightenment thinkers such as John Locke's ideas about natural law and social contract, and Baron de Montesquieu's ideas about separation of powers. Locke believed that the purpose of government is to protect individual liberties and the natural rights of life, liberty and property. These ideas were expressed by the Founding Fathers when they wrote the Declaration of Independence. This occurred when the colonists wanted to be a free country and independent from England. Montesquieu saw the dangers of a government where all power was given to a single person or group. Instead, Montesquieu explained that power in government should be divided into legislative, executive, and judicial branches. Each branch would have its own roles and responsibilities. This concept is called separation of powers. The ideas of natural law, social contract and separation of powers were used to create the basis of the system of government James Madison outlined in the U.S. Constitution. The Constitution continues to be the framework of government in the United States today.
What is NAFTA?
The North American Free Trade Agreement allows free trade among the United States, Canada and Mexico and has opened new markets, created jobs, and encouraged growth in the economies of its members. The governments of the United States, Mexico and Canada encourage the purchase and sale of each other's goods.
What is the UN?
The United Nations was created to keep peace worldwide and develop friendly relationship among nations. 193 nations (governments) are members of the United Nations. Countries may join the General Assembly.
Appellate Jurisdiction
the power to hear appeals of cases which have been tried in lower courts
What are the requirements for the U.S. House of Representatives?
25 years old, 7 years a citizen, Live in the state you represent
What are the requirements for the U.S. Senate?
30 years old, 9 years a citizen, Live in the state you represent
What are the requirements for Florida governor?
30 years old, live in the state and be a registered voter for 7 years.
What are the requirements for President?
35 years old, Natural born citizen, 14 years a resident of U.S
What is the purpose of a constitution?
A constitution is a written plan for government. Within a constitution, the powers and responsibilities of government are listed, the power of the government is limited and the rights of the people are protected. The U.S. Constitution provides a framework (outline), for how the government is going to work. In the United States, the Constitution creates three branches of government - legislative, executive and judicial and defines the powers, responsibilities and roles of each. The Constitution outlines the limitations of these three branches by creating a system of checks and balances, this guarantees that no one branch of government can become more powerful than another branch of government. An example of these limitations is that while Congress makes the laws, the president may decide to veto them and the Supreme Court may strike down the law if the Court considers an enacted law to be unconstitutional. Finally the Constitution protects to the rights of the people. This document guarantees that the rights of the people are protected no matter who is holding power. The Bill of Rights was added to the Constitution to list the rights of the people and further explain the limitations of the government. For example, the Third Amendment says that the government cannot require that soldiers be quartered (provide a place to stay) in people's homes during peacetime. This limits the power of the government by not allowing the government to require that individuals provide shelter to soldiers.
How does the rule of law protect citizens from the government?
A critical role of the rule of law is to protect citizens from the government. The Founding Fathers feared that government would become too powerful and look like a monarchy or some other form of abusive government. The Constitution controls government from becoming too powerful by separating the powers of government into the executive, legislative, and judicial branches, and then holding each branch accountable to each other with the principle of checks and balances. Having a written set of laws created by popularly elected representatives also protects citizens against laws created randomly and abuses of government powers. Additionally, the laws are available to people accused of crimes. The Fourth, Fifth, Sixth, Eighth, and Fourteenth Amendments to the U.S. Constitution guarantee that citizens accused of crimes are protected from unfair administration of the law
Monarchy
A monarchy is a form of government where power is held by one person. This person is in power because they have been born into the ruling family and they may rule for life.
Compare and contrast the political platforms of the Democratic and Republican parties.
A political party is a group of citizens or voters with similar views on public issues who work to put their ideas into government action and who work together to elect a candidate. One of the jobs of political parties is to nominate candidates to run for office. That is, to select them to represent their particular political party in an election. Parties choose a candidate who agrees with their beliefs and try to persuade voters to support their candidate running for office. Competing political parties give voters a choice among candidates and ideas. To know where a party stands on the major issues, the voters can look at the party's platform. A platform is a series of statements expressing the party's principles, beliefs, and positions on issues. Each individual part of a platform is called a plank. The platform communicates to voters what the political party plans to do if it wins. (Examples: Platform Issue = Healthcare; Plank = Agreeing/Disagreeing with universal healthcare) The United States has had a long tradition of a two party system. This means that two major political parties have controlled elections and have the most participation by voters. The two major political parties today are the Democrats and the Republicans. Democrats:The federal government should take a more active role in people's lives, especially those in need. Democrats are not opposed to raising taxes to pay for social programs. Republicans: The federal government should take a limited role in people's lives. Republicans favor lowering taxes and less government spending.
Representative Democracy
A representative democracy is also known as a republic. In this form of government, a country is ruled by representatives that have been elected by the citizens. In a republic, all adult citizens have the right to vote and the power of the government is limited by a constitution.
What is a responsibility?
A responsibility is an action that a citizen should take for the sake of the common good. Examples of civic responsibilities include: voting, attending civic meetings, running for office, volunteering, and petititoning the government.
Socialism
A socialist form of government takes an active role in controlling the economy and protecting the people so that the people cannot be taken advantage of by businesses.
Unitary System
A system of government where almost all power is given to the central government. The people do not have a role in a unitary system of government (they do not vote). Leaders of unitary governments come to power either by birth or by force.
Confederal System
A system of government where the power is given to independent states and there is little or no central power. Citizens elect members of the legislative branch, the executive branch and some members of the judicial branch.
Federal System
A system of government where the power is shared between the central government and the states. Citizens elect members of the legislative branch, the executive branch and some members of the judicial branch
Parliamentary system
A system of government where the power lies with the legislative body and the leader of the country is a part of the legislature. Citizens indirectly elect officials through their participation in political parties. (The people choose the political party they like, and then the party chooses party members to serve as a representative of the people)
Brown v. Board
African-American students were not allowed to attend the same public schools as white students because state laws permitted racial segregation (separation based on the law). Several parents of African-American children, including Oliver Brown, sued the Topeka, Kansas School Board claiming racial segregation (separation of people based on race) is unequal and violates the equal protection clause of the 14th Amendment which says that states must apply the law equally and cannot discriminate against citizens or groups of citizens. The lower courts ruled in favor of the school system; Brown appealed this case to the United States Supreme Court.This judicial opinion on this case strengthened the meaning of the equal protection clause of the 14th Amendment and struck down the use of the "separate but equal" approaches in public education established in Plessy v. Ferguson. The Court upheld that segregation (separation of people based on race) in public schools is unconstitutional.
How is the Florida constitution similar to the U.S. Constitution?
After the U.S. Constitution was ratified (approved by the states), the states wrote or amended their own state constitutions. Article IV, Section 4 of the U.S. Constitution states: "The United States shall guarantee to every State in this Union a Republican Form of Government". Because the U.S. Constitution served as a guideline, many state constitutions look very similar to the national constitution, including the Florida Constitution. The U.S. and Florida constitutions both have a preamble (an introduction that states the purpose and goals of government), articles (sections that describe the powers and functions of the government) and amendments (changes that have been made to the constitution over time). While the basic outline of the U.S. Constitution and the Florida Constitution are the same, the contents of these documents are very different. The Florida Constitution: Begins with "We the People" - shows that the state government gets its power from the citizens • Longer than the U.S. Constitution • 12 articles • 80 pages • Contains the Florida Declaration of Rights (enumerated list of the rights for the people that includes many of the same rights as those found in the U.S. Bill of Rights) • Written as a "living document" to be interpreted and changed. There are many amendments to the Florida Constitution that are very specific. The Florida Constitution is a living document that changes with the times. • Addresses public education, motor vehicles, and elections • Deals with day-to-day issues that impact state residents
Autocracy
An autocracy is a form of government where one person has unlimited power. Examples of autocracies are dictatorships (complete control by a military leader) and absolute monarchies (complete control by a king, queen, prince or princess).
What is an obligation/duty?
An obligation is an action that a citizen is required to fulfill by law. Examples of civic obligations include: Obeying laws, Paying taxes, Defending the nation, Registering for selective service, and serving on juries
Oligarchy
An oligarchy is a form of government where a country is ruled by a small group of wealthy people. In this form of government, the power is held by the rich.
What Powers does Article I give to the Legislative Branch?
Article I - Legislative Branch The legislative branch is made up of the House of Representatives and the Senate, also called Congress. Congress makes the laws for the entire nation. In Article I, Section 8 of the US Constitution the powers of Congress are enumerated. These include: 1. The power to collect taxes 2. The power to coin money 3. The power to make laws/control immigration 4. The power to make laws/control trade 5. The power to create an army and navy 6. The power to impeach and remove officials from office 7. To approve presidential appointments
What is the role of Congress/legislative branch in foreign policy?
Article I of the Constitution discusses the powers of the legislative branch (Congress) and grants the power to declare war, the power to approve spending (on the military) and the power to raise an army and navy. The U.S. Senate is given the sole power to ratify treaties in Article II. Congress has used its power to declare war five times in United States history. Two of these wars took place during the 20th century; World War I and World War II.
What Powers does Article II give to the Executive Branch?
Article II - Executive Branch The executive branch is made up of the President and Vice President. The president enforces the laws that Congress makes. Article II of the Constitution describes the powers of the President. The president is fulfilling his Article II responsibilities when fulfilling these roles: 1. The power to enforce the laws (Chief Executive; "he shall take Care that the Laws be faithfully executed") 2. The power to send troops into combat (Commander in Chief; "The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States") 3. The power to make treaties and with leaders of other nations 4. The power to nominate people to serve in the Cabinet, in the Supreme Court and to other high government positions 5. The power to grant pardons, except in cases of impeachment
What is the role of the President in foreign policy?
Article II of the Constitution discusses the powers of the executive branch (president) and grants the president the title of Commander in Chief. This means that the president is in charge of the military and has the power to send troops overseas. Presidents throughout history have been known to interpret their power as Commander in Chief to mean that they can send U.S. military troops into conflict or "war-like" situations without a formal declaration of war from Congress. Examples of this include U.S. involvement in the Korean War (1950-1953), the Vietnam War (1964-1975), Gulf War I (1990-1991) and Gulf War II.
What Powers does Article III give to the Judicial Branch?
Article III - Judicial Branch The judicial branch is made up of the United States Supreme Court and all of the lower courts including federal, state and local courts. Article III of the Constitution describes the powers set aside for the Supreme Court. These include: 1. The power of original jurisdiction (the power to be the first court to hear a case) in cases that involve: a. Ambassadors b. Maritime (high seas, naval) issues c. Arguments between two or more states d. Problems that involve the United States government 2. All other cases, not listed above, are given to the Court under their appellate jurisdiction (hearing a case that has been heard by a lower court first)
Why is the amendment process difficult and important?
Article V (5) of the United States Constitution describes to the two methods for proposing amendments and the two methods for ratifying amendments. The Founding Fathers wanted to make certain that there was a process in place so that the Constitution could remain a "living document" that was able to change with the times. The Founding Fathers intentionally created a process that is rather difficult - if the process were too simple, the Constitution would change far more often than it should. If the process were too rigid, the Constitution would be stuck in 1787, when the Constitution was written. The large percentage of votes needed to ratify amendments speaks to the difficulty of formally amending the U.S. Constitution. Two-thirds (2/3) of each house of Congress or the state legislatures is required to propose an amendment which means that only elected officials may vote to propose an amendment. And, getting a supermajority (more than 50%) of elected officials to agree to propose an amendment speaks to the difficulty of proposing amendments. Three-fourths (3/4) of the state legislatures must vote to ratify an amendment unless three-fourths (3/4) of the states join in a ratifying convention to vote to ratify an amendment. Either way, like proposing an amendment, ratifying an amendment requires a supermajority of elected officials (or persons chosen by elected officials) to pass. Elected officials know that they are being monitored by the media, individuals and interest groups when they vote on proposing and ratifying amendments. Keep in mind that once an amendment is added to the Constitution, it becomes a part of it. No federal law or state law can go against that amendment because it is the Constitution.
How can amendments be proposed and ratifed?
Article V (5) of the United States Constitution describes two methods for proposing amendments and two methods for ratifying amendments. The Founding Fathers wanted to make certain that there was a process in place so that the Constitution could remain a "living document" that was able to change with the times if needed. There are two methods for proposing amendments to the Constitution. 1. Two-thirds (2/3) of both houses of Congress agree to propose the amendment 2. Two-thirds (2/3) of the states are represented and join in a national convention to vote to propose the amendment. Both of these methods require two-thirds, which is a "supermajority" (an amount that is more than half). This is important because an amendment to the Constitution would change the laws for the entire nation, and having a majority in support of that change is a part of the democratic processes of government. Once an amendment is added to the Constitution, laws that are found to be in conflict with the amendment might be found unconstitutional by the U.S. Supreme Court. Once the amendment is proposed by either method described above, the amendment then has to be ratified (approved) by one of two specific methods, in order for the amendment to be added to the U.S. Constitution. There are two methods for ratifying proposed amendments: 1. Three-fourths (3/4) of the state legislatures vote to ratify the amendment. 2. Three-fourths (3/4) of the states are represented in a national ratifying convention to vote to ratify the amendment.
What is the role of the State department in U.S. foreign policy?
As part of the president's Cabinet, the U.S. State Department has an important role in guiding and carrying out of the nation's foreign policy plan. The Secretary of State is responsible for meeting with and offering suggestions to the president, visiting other nations, holding meetings with foreign leaders and government officials, and keeping the United States safe. By visiting and meeting with leaders of other nations, the Secretary of State learns more about these countries and reports back to the president with important information that will help the president and Congress create a foreign policy plan based on safety and the creation of good relationships.
in re Gault
At age 15, Gerald Gault was arrested for making an indecent phone call. Gault was denied the right of due process (established legal procedures) because he was a juvenile (someone under the age of 18). Gault was tried in juvenile court and sentenced to six years to the State Industrial School. Gault appealed this case to the United States Supreme Court.The judicial opinion in this case confirmed the concept of legal equality, which is that everyone is equal in the eyes of the law. Even though this case involved a juvenile, the Court determined that minors are given the same rights as adults and that Gault's 14th Amendment due process rights had been violated.
Explain the lawmaking process at the federal level.
At the federal level, the process of how a bill becomes a law can be difficult. Each bill begins as an idea. An idea for a law can come from U.S. Representatives, Senators, the president, or even ordinary citizens. Once an idea is proposed in Congress, it is called a bill. Bills can be proposed in either chamber (house) of Congress (the House of Representatives or the Senate). Depending on which chamber of Congress proposes the bill, it will be assigned to an appropriate committee. The committee in Congress to which the bill is assigned will research more information related to the bill. There are several different types of committees each with their own set of responsibilities. Every member of Congress serves on one or more committees. After the committee completes its research and discusses the bill, the committee decides if the bill should move forward. If the committee agrees to move the bill forward, the bill moves to the full house of Congress where the bill was first introduced for debate and vote. If that chamber of Congress votes to keep the bill (for example, the U.S. House of Representatives) it then moves to the other chamber of Congress (for example, the U.S. Senate) for more debate and discussion. Finally, the other chamber of Congress will vote on the bill. If members of that chamber vote to keep the bill, the president will then be asked to sign the bill. If there are more than 10 days remaining in the congressional session, the president may take one of three actions. The president may choose to sign the bill into law, the president may choose to veto (reject) the bill or the president may choose to take no action on the bill. A bill becomes law if the president takes no action on the bill and there are at least 10 days remaining in the congressional session. If fewer than 10 days remain in a congressional session when the president is presented with a bill to sign, the president may take no action on the bill and the bill is vetoed. Bills on which the president takes no action when less than 10 days remain in the congressional session are called pocket vetoes.
How can you amend the Florida constitution?
At the state level, the amendment process is very different. Voters in the state must agree to amend the Florida Constitution. Amendments are included on Election Day ballots. Voters vote "yes" or "no" to proposed amendments. An amendment can only be added to the Florida Constitution if 60% or more of those voting vote "yes". Proposing an amendment to the Florida Constitution can occur in one of many ways. These five ways include: • Ballot Initiative Process - A set number of registered voters representing 8% of the votes cast in the most recent presidential election must sign a petition supporting an amendment being placed on a future Election Day ballot. • Constitutional Convention - A set number of registered voters representing 15% of the votes cast in the most recent presidential election may call for a constitutional convention. Amendments may be proposed at the convention. • Constitutional Revision Commission - The 37 member Constitutional Revision Committee meets every 20 years (the next meeting will take place in 2017) and proposes amendments to the state constitution. • Legislative Joint Resolution - Three-fifths (60%) of each house of the Florida Legislature can pass a joint resolution (decision) proposing an amendment to be placed on a future Election Day ballot. • Taxation and Budget Reform Commission - The 22 member Taxation and Budget Reform Commission proposes amendments to the state constitution. This Commission last met in 2007 and will meet every 20th year (2027, 2047, etc.).
Explain the lawmaking process at the state level.
At the state level, the process of how a bill becomes a law can be difficult. Each bill begins as an idea. An idea for a law can come from state legislators, the governor, or even ordinary citizens. An idea once proposed in the state legislature is called a bill. Bills can be proposed in either the state house of representatives or the state senate. The house or senate committee that the bill is assigned to will research more information related to the bill. There are several different types of committees each with their own set of responsibilities. Every state legislator serves on one or more committees. After the committee completes its research and discusses the bill, the committee decides if the bill should move forward. If the committee agrees to move the bill forward, the bill moves to the full house of Congress where the bill was first introduced for debate and vote. If that legislative chamber votes to keep the bill (for example, the state house of representatives) it then moves to the other legislative chamber (for example, the state senate) for more debate and discussion. Finally, the other legislative chamber will vote on the bill. If members of that chamber vote to keep the bill, the governor will then be asked to sign the bill into law. State legislatures have various committees similar to the federal Congress. The committees study bills, hold hearings, and revise bills if necessary. Both state houses (the House of Representatives and the Senate) must approve a bill and the governor must sign it before it becomes law.
What are the 7 types of propaganda?
Bandwagon: Propaganda technique encouraging the view to like something or someone because everyone does. Card Stacking: Propaganda technique involving the use of showing one sided information Glittering Generalities: Propaganda technique using short phrases or words to promote positive feelings or emotions Name Calling: Propaganda technique using negative words to associate with a product or person Plain Folk : Propaganda technique conveying that a candidate is a 'regular' person, just like everyone else Testimonial: Propaganda technique involving the use of a celebrity or spokesperson to speak on behalf of a product or candidate Transfer: Propaganda technique involving the use of symbols to convey a message or feeling
What is Shay's Rebellion?
Because the Articles of Confederation created a decentralized (no central power) system of government, each state operated as an independent country in many ways. Each state was able to make trade agreements with other nations, each state established its own military, and each state made laws that its residents were expected to follow. The result of these actions was that the states were not operating as one nation and were, therefore, weak and could be attacked by other countries. Adding to these concerns was Shays's Rebellion. Shays's Rebellion is the name given to an event where 2000 western Massachusetts farmers protested in county courthouses to prevent the government from taking their farm lands. The government of Massachusetts was threatening to take the land from these farmers because they had not paid their taxes and other debts (something owed, such as money) during the Revolutionary War, even though the government told them they did not have to pay those taxes. Because the government of Massachusetts had not held up their end of the bargain, the farmers revolted. Shays's Rebellion made leaders within the national government examine the Articles of Confederation a little more closely. In February of 1787, five states sent representatives to meet in Annapolis, Maryland to determine what to do next. They decided to call for a meeting of all 13 states to meet in Philadelphia that summer with the main purpose of fixing the Articles of Confederation. This meeting in Philadelphia would later be known as the Constitutional Convention, because this is where the U. S. Constitution was written to replace the Articles of Confederation.
Summarize the political ideologies of the Communist, Libertarian and Socialist parties.
Because the two major parties have the most support from the public, it has made it nearly impossible for third parties to win elections. Third parties are political parties that often form on the basis of one or a few issues. These issues might be related to a foreign or domestic concern and, because the concern is so particular, it is difficult to gain popular support. Third party candidates have never won a presidential election and rarely win election to other offices. Below are some examples of current third parties that exist in the United States. Communist Party: The federal government should control all production and supply of goods and the workers should control their own lives and destinies. Libertarian Party: The only purpose of the federal government is to protect freedom; this party believes in individual freedom. Socialist Party: People should own and control all businesses through democratically controlled public agencies (these are agencies that are created based on the people's choice/election) or other groups
What is the impact of bias, symbolism, and propaganda on public opinion?
Bias, symbolism and propaganda can influence public opinion - which is the way that citizens view or feel about candidates or issues. The media plays a major role in influencing public opinion. Oftentimes, the information that the media provides to the public is not balanced, or biased. Bias occurs when one side is favored over another in the presentation of information. Media bias can occur when news stations or news outlets decide what to report on and how much information to reveal to the public. This is a problem for the public because they are only getting the side of the story that the news media want them to hear. Symbolism is the use of symbols to convey a message. The media may use symbolism as a sort of "shortcut" or as a way to target a certain group of people. This can be a problem because many symbols are associated with certain groups, or may even have a negative reputation attached to them. Both bias and symbolism can be viewed as forms of propaganda, which is any attempt to sway the public, including voters, to think or believe something. Propaganda could be the use of symbols, a poster, or a commercial - there is not one specific kind of propaganda that exists. Oftentimes, the behavior or thoughts of voters are changed and influenced when the media introduces propaganda.
What is bias, symbolism, and propaganda?
Bias-a preference, opinion or attitude that favors one way of thinking or feeling over another Symbolism-The use of something to represent ideas or qualities Propaganda- the method of spreading ideas or information for the purpose of helping or injuring an institution, a cause, or a person
What was the impact of Thomas Paine's Common Sense on American colonists?
Common Sense by Thomas Paine is a pamphlet that encouraged colonists to seek independence from England and to move toward self-government. The pamphlet also accused King George III of England of tyranny, challenged his power and blamed him for the unfair treatment the colonists were receiving from England in the 1700's. The pamphlet also stressed the importance of having a written constitution with a set of rules that everyone would have to follow and a government that could not become abusive. Common Sense influenced more colonists to support independence from England and influenced the ideas in the Declaration of Independence. The preamble of the Declaration of Independence outlines the need to change a government when it is destructive and replace it with a government that meets the needs of the people. Common Sense also influenced the government that was established in the United States. The U.S. Constitution is a set of laws thateveryone follows and outlines a system of government where no branch of government can become to powerful or abusive.
Communism
Communism is a form of government where the community owns all of the property and wealth is equal among all people. In this form of government, the workers unite and take control of businesses. Communist countries are normally ruled by a Communist ruler and a Communist political party.
What is the impact of the naturalization process on society, government, and the political process?
Debates about citizenship and naturalization have impacted society, government, and the political process. Citizenship remains a frequently debated and sometimes controversial topic. At times, Americans have disagreed about who should be granted citizenship by naturalization and about how difficult the process should be to gain citizenship. Some people question how long an immigrant should be allowed to live in the U.S. without applying for citizenship. Political parties have incorporated these questions about naturalization into their party platforms, and candidates' views about naturalization influence how voters feel about naturalization and the importance of U.S. citizenship. As more immigrants naturalize and become involved in the political process they also influence the debate by casting their votes, running for elected office, being selected for public office, and suggesting legislation and government decisions. For example, the Voting Rights Act of 1965 was changed in 1975 to require that election ballots be printed in all of the languages in a county where at least 5% of the citizens living in the county speak the same language. In other words, if 5% of the citizens living in Orange County, Florida speak Spanish, then all of the election ballots must be printed in both Spanish and English. This requirement makes it easier for naturalized citizens from Latin America and South America to vote.
What things should you research and examine while evaluating a candidate for office?
During an election, candidates who are running for public office will often create political advertisements and commercials to appeal to voters. As a voter, it is important for people to consider several things when determining who to vote for. A voter may wish to consider a candidate's previous experiences. People who are elected to public office may have served in some other elected or appointed position before, or have a background in a field that would help them do their job. For example, many elected Congressmen/Congresswomen and Senators actively participate in their communities, have been a lawyer or a judge, are college graduates, and may have served in local government before running for state or federal office. A voter may wish to consider a candidate's platform - the set of ideas which are often based on their political party beliefs that a candidate has on certain issues. These ideas could cover such topics as education, religion, health care, government spending, taxation and foreign policy, just to name a few. A voter may wish to view a political debate that may take place before the election. For major national elections, these debates are usually televised. Usually, candidates who are running for President will want to take on their opponent in a debate to reveal their thoughts on issues and persuade the voters to vote for them based on the topics debated. A voter may wish to consider the various political advertisements that run in magazines, newspapers, television, radio and on-line when trying to determine which candidate to vote for. Candidates will often use these advertisements as a way to appeal to voters and to identify themselves as the "best choice" for voters. Sometimes, candidates may even decide to put down the candidates that they are running against in order to make themselves look better to the voters.
Bush v. Gore
During the 2000 presidential election, Al Gore and George W. Bush were close in their number of Electoral College votes and the Florida Supreme Court required that the votes in question be recounted by hand. These votes determined which candidate won Florida's Electoral College votes and would ultimately win the presidential election. Bush requested to stop the recount and claimed it violated the equal protection clause of the 14th Amendment that says that states must apply the law equally and cannot discriminate against citizens or groups of citizens. In this case, the inequality was linked to the fact that only certain ballots were to be recounted (those that did not give a clear idea of the voter's choice) and not all votes. The judicial opinion on this case set a precedent related to U.S. Supreme Court dealings with state elections. Considering that elections are handled by each state, and that there was no uniform way to count the presidential votes, the Supreme Court believed that the Florida Supreme Court, in deciding that only certain votes would be recounted (those that did not indicate a preferred candidate), acted in an unconstitutional manner.
Create a timeline of events starting with the French and Indian War and ending with the Declaration of Independence.
During the French and Indian War, the English and the French fought over land located west of the colonies. The colonists supported the English and fought as part of their army. The English won the war, but the war left the English in debt and needing money. England looked to the colonies as a possible source of money, which led to a series of actions by King George III and the English Parliament (legislature) that upset the colonists. The king determined that one way to get rid of the debt was to tax the colonists. The colonists did not have representation in the English Parliament. The king and Parliament passed a series of laws (acts) that impacted the colonists in a variety of ways. Some of the acts taxed the colonists on different goods and services and sent the money made from the taxes to the English government. One of these laws was the Stamp Act, which taxed all printed materials, such as newspapers, legal documents and playing cards. Colonists viewed this act as unfair because the taxes went directly to the English government, and not into the colonial governments. In response to the Stamp Act, the colonists began to organize and speak out with their complaints (grievances) against the king and Parliament for the tax. Colonists also sent a petition to King George III stating that only colonial legislatures can tax colonists and that taxation without representation went against the colonists' rights. The Parliament's response to this petition was to cancel the Stamp Act but it also passed other acts. Parliament ordered colonial legislatures to pay for English soldiers that were located in the colonies and they ordered colonists to house the soldiers and supply them with food. Parliament also began to tax other items, such as tea, glass, lead and paints. In response, the colonists decided to boycott, or refuse to purchase, many of the taxed items and continued to speak out against the actions of the Parliament. Some of the acts went beyond taxing goods and services and impacted colonists in other ways. One example of this was the Coercive Acts, known by colonists as the Intolerable Acts. The Acts closed the port of Boston and did not allow for ships to get into the port to deliver goods. The Acts also ended some of the colonial governments. The relationship between England and the colonies continued to worsen as the Parliament would pass and implement laws in the colonies and the colonists would continue to oppose the Parliament's actions. The colonists continued to oppose the laws by organizing, writing petitions and speaking out against the laws, but over time they began to respond to English actions in a violent way. Colonists began to form militias and fight back against English troops in the colonies. While fighting between English and colonial troops increased, in January of 1776 Thomas Paine published Common Sense. This 50-page pamphlet criticized King George III and argued for the colonies to be independent from England. A few months later, Thomas Jefferson wrote the Declaration of Independence, which was formally supported by the colonial Congress on July 4, 1776.
What are the roles and responsibilities of the Federal Government?
Each branch of the U.S. government has its own set of jobs and responsibilities. As well, the Constitution provides for a system of checks and balances that limits what each branch can do by allowing each branch to limit the other branches. Checks and balances prevent any one branch from becoming too powerful. Below is a chart that will review one of the powers and responsibilities and highlights the system of checks and balances. Legislative: The legislative branch makes the laws; Congress can override a presidential veto with 2/3rds of both houses voting to do so. Executive: The executive branch enforces the laws; the president can veto a law if the President does not want a bill to become law. Judicial: The judicial branch interprets the laws; the Supreme Court may determine that a law is not legal under the Constitution and strike it from the law books.
What were the grievances listed in the Declaration of Independence?
Each of the complaints listed in the Declaration of Independence is a response to specific actions taken by the English/British government and, in one way or another, denied the colonists of their natural rights. Grievances included: Dissolving legislatures, Limited judicial powers, Quartering soldiers, Imposing taxes without the consent of the people, Suspending trial by jury.
What are enumerated/delegated powers?
Enumerated (delegated) powers are powers that are specifically listed in the Constitution for the national government. Examples of powers granted to the national government are: 1. The power to raise and support an army and navy. 2. The power to coin money. 3. The power to declare war 4. The power to regulate trade and commerce. 5. The power to establish rules for naturalization.
What are the Civil Rights and Voting Rights Acts?
Even though the 15th Amendment was supposed to allow all races to vote, many states did everything they could to prevent African-Americans from voting. Many Americans recognized that this was unfair, and several laws were passed during the 1960s to protect civil rights. The Civil Rights Acts of 1964 said employers could not discriminate based on race or gender. The Voting Rights Act of 1965 banned racial discrimination in voting laws. This act specifically banned the use of literacy tests to determine whether someone could register to vote. The Civil Rights Act of 1968 banned discrimination based on race or gender when selling or renting a house.
What is the equal rights amendment?
Even though the 19th Amendment guarantees that voters cannot be discriminated against based on gender, there has been push to ratify the Equal Rights Amendment which will specifically prohibit all discrimination based on gender. Despite being first introduced in Congress in the 1920s, and ratified by Congress in the 1970s, this amendment has never been ratified by enough states to be added to the U.S. Constitution.
What is the supremacy clause?
Even though the Tenth Amendment extends unenumerated powers to the states and to the people, the state legislatures may not create laws or take actions that violate the Constitution because of the supremacy clause. The supremacy clause states that the Constitution is the "Supreme Law of the Land". If a state law goes against the Constitution, that law is struck down making the Constitution supreme over all state laws.
What is federalism?
Federalism is a system of government where power is shared between the central government and the states. Under the Articles of Confederation, a confederal system of government existed - which means that there was no central government. This system proved to be weak and ineffective and a new constitution was written. The United States Constitution was created around the principle of federalism - the idea that power is shared between the national, state and local governments. Federalism corrected the problems under the Articles of Confederation, all while maintaining a balance between central and state powers. According to the Constitution, powers are set aside specifically for the national government (enumerated power, also known as delegated powers), for state governments only (reserved powers) or for both (concurrent powers).
How is local government structured in the state of Florida?
Florida is one of the 50 states in the United States of America. Florida is divided into 67 counties. These counties have anywhere from one to several cities within the county boundaries. The counties and the cities both have their own government that work together to meet the needs of the citizens in that specific area.
What are the goals of U.S. foreign policy?
Foreign policy is a nation's overall plan for dealing with other nations. There are some general goals to foreign policy plans in the United States which include: (1) national security (keeping U.S. borders safe), (2) promoting peace (creating diplomatic relationships and allies (friendships/protection) with countries around the world), (3) spreading democracy (teaching other nations about the benefits of democratic government), (4) promoting international trade (expanding the number of goods sold to other countries and good purchased from other countries) and finally (5) providing foreign aid (providing military, economic health and other assistance to other countries that are in need).
What is foreign policy?
Foreign policy is the nation's overall plan for dealing with other nations. The government has to create a plan for diplomacy, which is ways to maintain relationships with other nations. The government needs to consider which countries to join in an alliance with, which is making military or defensive union with other nations. Finally, the government also considers making treaties, or formal agreements, with other nations for the purposes of trade, defense, and other reasons.
How does the government limit some rights?
Freedom of expression includes the First Amendment rights of free speech, press, assembly, and petition. The unlimited right to free expression may be dangerous to public safety, national security, or other important interests. If the danger is great enough, the courts have allowed freedom of expression to be limited. Also, some rights may be limited when they conflict with other rights or with other important values and interests. In situations where the rights of one citizen may conflict with the rights of other citizens, limitations to protect everyone's rights may be put into place. In the landmark case Schenck v. U.S.(1919), the Supreme Court set the precedent of the "balancing test." This balancing test focuses on the relationship between individual rights and the public interest. Rights may be limited when the public interest is threatened or at risk. The U.S. Supreme Court has ruled on different occasions that the government may be allowed to limit individual rights in order to protect the public interest. In these situations, there must be a balance of individual rights, the rights of others, and the common good. The U.S. Supreme Court has ruled that the government sometimes may be allowed to limit individual rights, specifically freedom of speech and freedom of the press. In general, there must be a balance of individual rights, the rights of others, and the common good. Listed below are additional conditions used to limit freedom of speech and freedom of the press. Clear and Present Danger - Will this act of speech create a dangerous situation? Fighting Words - Will this act of speech create a violent situation? Libel - Is this information false or does it put true information appear false? Conflict with Government Interests - During times of war the government may limit acts of speech due to national security.
Gideon v. Wainwright
Gideon v. Wainwright: Clarence Gideon was arrested and charged in a Florida court for breaking and entering. He was unable to afford a lawyer and the court refused to appoint a lawyer to him. Gideon was forced to defend himself in court and the jury found him guilty. In his appeal to the Supreme Court, Gideon claimed the lower court violated his rights under the 6th Amendment, which protects the rights of the accused and the equal protection clause of the 14th Amendment that says that states must apply the law equally and cannot discriminate against citizens or groups of citizens.This judicial opinion on this case further clarified and strengthened the rights of the accused (which are the rights protected in the 4th, 5th, and 6th Amendments). This case focused on the 6th Amendment provision of the right to counsel (attorney) in criminal cases.
How has the Rule of Law influenced the American legal, political and government systems?
Government officials including police officers, senators, judges, and presidents are accountable (responsible) to the law. An independent judiciary holds government leaders accountable for their actions. The rule of law ensures that no one, regardless of her or his position of power, is above the law. If laws are going to apply to everyone, there must also be an established and practiced set of procedures (directions) that are uniformly applied. Judges must use the same set of written laws and procedures available to defendants and their attorneys. This ensures that fair procedures are followed. Rule of law also makes sure that judges and juries base decisions on the law. People accused of crimes must be charged with a violation of a law. This means that they have to be charged with breaking the law. This right is protected by the Sixth Amendment, which ensures that decisions are based on laws by guaranteeing that people accused of crimes are informed of the charges against them. Application of the law must also be applied consistently. Regardless of who is accused of a crime, justice must be administered without prejudice. This means that that each person should be treated in the same way by the legal system no matter who they are. Enforcement of law to prevent crime requires the cooperation and management of federal, state, and local crime prevention agencies including local police and county sheriffs. Lastly, in order to ensure fair administration of justice, citizens must have access to the written laws, participate on juries, and be knowledgeable of how the legal system works. The legal system must be transparent, or clear. This concept is known as transparency of institutions and requires that the general public know the court system's rules and procedures which serve as common tools to guarantee justice for all.
What are the steps to become a naturalized citizen?
If an immigrant wants to become a U.S. citizen, the immigrant must meet a set of conditions. The basic conditions required for naturalization are: Immigrants must: be at least 18 years old; have been a resident of the United States for five years, file for a petition for naturalization, take a test to show that they can read, write, and speak English, and demonstrate knowledge of American history and the U.S. Constitution, be able to prove that they are of good moral character. have two U.S. citizens confirm that the applicant will be of good moral character. Once all of the conditions above have been met, the applicant must take the "Oath of Allegiance." The oath is the last step in the naturalization process and requires a person seeking citizenship to pledge their loyalty to the United States.
United States v. Nixon
In 1972, the offices of the Democratic National Committee in Washington D.C. were broken into. During the criminal investigation, a federal judge ordered President Nixon to turn over audio tapes of conversations recorded by Nixon about the break-in. Nixon refused to produce the tapes for the court by claiming that executive privilege (the belief that conversations between the President and his aides are protected from being revealed to anyone) allowed him to withhold the conversation tapes from the other government branches and protect the secrecy of the conversations. The United States government prosecuted (carry a legal action against a person to prove guilt or innocence) President Nixon and requested that the case and evidence against President Nixon be heard by the U.S. Supreme Court.The judicial opinion in this case confirmed the concept of legal equality, which is that everyone is equal in the eyes of the law. Even though this case involved a U.S. President, it did not prevent him from being held responsible for his wrongdoings, or mistakes, including refusing to follow the rule of law
Iran Hostage Crisis
In 1979, a group of Iranian students supporting the Iranian Revolution took over the U.S. embassy in Tehran, Iran and held 66 U.S. citizen diplomats hostage for 444 days. During the Iranian Hostage Crisis President Carter said that the U.S. would "not yield to blackmail", which meant that the U.S. was not willing to use diplomacy to secure the release of the hostages. After Ronald Reagan was elected president in 1980, diplomacy was used with Iran and the hostages were released on January 20, 1981, the day of President Reagan's inauguration.
What is the rule of law?
In countries that follow the rule of law, laws apply equally to everyone regardless of their position in society. In the United States, laws are created by citizens through elected officials that apply equally to everyone and that are meant to create order and fairness in society. Government power is controlled through separation of powers and checks and balances which establishes a way to make sure that one branch of government does not abuse its powers.
Marbury v. Madison
In his last days of office, President John Adams appointed several federal judges and justices of the peace including John Marshall, Chief Justice of the U.S. Supreme Court and William Marbury as Justice of the Peace for Washington D.C. Not all of the appointments were finalized before the end of the Adams presidency. President Thomas Jefferson informed his Secretary of State, James Madison, not to deliver the remaining appointments because they were no longer valid. Marbury (an Adams appointee) referred to an act of Congress that he believed would require that Madison make certain that Marbury would get to hold his government position. This case went to the Supreme Court to determine how these presidential actions should be handled.The judicial opinion in this case strengthened the system of checks and balances. The outcome of this case established the power of judicial review for the Supreme Court. Judicial review is the power that the Court has to find something as "unconstitutional"
What is Separation of Powers? Give specific examples.
In order to set limits on power, the Framers divided the federal government into three branches. This separation of powers sets up three branches with their own distinct powers and responsibilities. Influenced by French thinker Baron de Montesquieu, the Framers believed that in order to protect the people's liberty, each branch would have different tasks. This separation of powers, the Framers believed, would limit the ability of any one branch from gaining too much power. In a separation of powers system, the power of government is not given to any one branch. Instead, some of the power is given to each branch. The legislative branch has the power to create new laws, the executive branch has the power to carry out and enforce laws, and the judicial branch has the power to interpret laws.
How do individuals monitor/influence the government?
Individual citizens impact the government. Simply by performing one of their most important civic responsibilities, individuals play a major role and impact in changing the government. Voting is one of the most important ways that American citizens can impact the government. Whether it is voting a candidate in or out of office, or voting in favor of or against an amendment to the Florida Constitution, citizens change the government during every election. Voting is one of the most important parts of a democracy. Citizens can also petition the government, attend civic meetings, and run for office to influence government.
How do interest groups monitor/influence the government?
Interest groups use their First Amendment rights to peaceable assembly, free speech and petition to monitor and influence the government. Interest groups are groups that form because of a common interest or goal and attempt to influence people by working together in support of that goal or cause. Political Action Committees, which are often connected to interest groups, can raise money and contribute to the campaigns of candidates that they support. Interest groups can work with members of Congress or with other elected legislators to get laws passed (this is usually referred to as lobbying), and can educate members of their interest group on key issues and causes that they wish those members to support. For example, interest groups will ask their members to vote and give campaign donations to candidates that the interest group supports.
Explain the lawmaking process at the local level.
It is the job of local governments to make communities better places to live. To accomplish this job, local lawmaking bodies have the power to pass ordinances. Ordinances are regulations that govern a local community. Ordinances may not conflict with state laws, called statutes or federal laws, called acts. Local law enforcement groups (like the police force or Sherriff's deputies) are in charge of enforcing both ordinances and state statutes.
Tinker v. Des Moines
John Tinker, his sister Mary Beth Tinker, and other students decided to wear black armbands to school in protest of the Vietnam War. The school adopted a policy prohibiting armbands. When the students arrived to school, they refused to remove their armbands and were suspended. The Tinkers claimed the school officials violated their 1st Amendment right to freedom of speech.This judicial opinion in this case focused on the 1st Amendment rights of students. It was assumed, before this case, that students lost all of the rights "at the school house gate". This case did away with that belief, instead making sure that students do have some of their rights, including freedom of expression (including "symbolic speech") and freedom of speech, as long as it does not disrupt the educational mission of the school.
What are the four different sources of law?
Laws come from different sources and they are made at the local, state, and federal levels of government. Based on Article Six of the U.S. Constitution, the supremacy clause, the higher levels of government decide how much law making power the lower levels of government have. For example, the national government decides how much power the states have and states decide how much power local governments have. The laws made at the lower levels may not conflict with the state or national laws.Constitutional law is the interpretation and implementation of the U.S. Constitution. The U.S. Supreme Court is the final interpreter of the U.S. Constitution and decides the meaning of constitutional law. Statutory laws are written laws enacted by a legislature. An example of this is the Civil Rights Act of 1964. Regulations are the rules an agency of the executive branch makes to enforce a law. The appointed administrators of the agency use their knowledge to decide how laws will be carried out. Case law is established by the outcome of former court cases. These precedents ensure that there is consistency in court decisions. Common law is a legal precedent based on customs and prior legal decisions and is used in civil cases. The Constitution is the supreme law of the land and states cannot create laws that conflict with it. Statutes and regulations are created from it and courts interpret laws that create case and common law.
What is the structure of the federal court system?
Legal matters that arise involving the federal government or the U.S. Constitution are heard by federal courts. The federal court system is outlined in Article III of the U.S. Constitution. Article III gives Congress the power to establish courts lower than the U.S. Supreme Court. There are three levels of federal courts: the lowest courts are called District Courts, the second level of courts are called Appeals Courts and the highest court in the U.S. is called the United States Supreme Court. Only certain cases are heard in federal courts and this is based on jurisdiction. Article III gives the federal courts jurisdiction to hear eight different kinds of cases including: o Cases involving the U.S. Constitution (Any case where a person believes that a constitutional right has been violated) o Violations of federal law (Any case where the government accuses a person of a federal crime) o Controversies between states (Cases where state governments have disagreements are settled in federal court) o Disputes between parties of different states (Cases where citizens of different states have disagreements are settled in federal court) o Lawsuits involving the federal government (Any case where the federal government sues any party, such as an individual or company, or is sued by any party) o Cases involving foreign governments and treaties (Any case where there is a dispute between the federal government (or U.S. private party, such as an individual, company or organization) and a foreign government) o Cases based on admiralty and maritime laws (Any case that concerns accidents or crimes on the high seas) o Cases involving U.S. diplomats (Any case that concerns a U.S. diplomat working in a U.S. embassy overseas is heard in federal court) Federal trials are held and lawsuits begin in U.S. District Courts. Each state has at least one U.S. District Court and sometimes more within its borders. District courts have original jurisdiction, which means that certain cases must begin there. U.S. District courts are responsible for determining the facts of a case. They are the trial courts for both criminal and civil cases. District courts are the only courts at the federal level where witnesses testify, juries hear cases and verdicts are reached. Many people who lose their case in a U.S. District Court appeal to the next highest level, which is the U.S. Court of Appeals. These courts go by several names: U.S. Court of Appeals, Appeals/Appellate Courts or Circuit Courts of Appeals. The responsibility of the appeals court is to review the decisions made in a lower district court. Appeals courts have appellate jurisdiction, which mean they can review the rulings and decisions from lower courts if the people or groups involved believe the lower court acted unfairly. Appeals can occur if (1) the lower court judge applied the law incorrectly, (2) the lower court judge used the wrong procedure, (3) new evidence turns up or (4) rights were violated.
What services does the local government provide?
Local governments in Florida are required to provide services to their residents. Because local governments are the closest government units to the people, they provide more direct services to the people compared with the state and federal government. Examples of local services include: 1. Building public schools 2. Creating local law enforcement groups such as city police officers and county sheriff's deputies 3. Proving water treatment services 4. Providing sewer and garbage services 5. Providing electricity 6. Maintaining local parks and recreation areas 7. Maintaining local and county roads 8. Providing local cable, internet and phone services 9. Building public assistance housing 10. Maintaining local airports, harbors, and golf courses
What are laws called at the local, state, and federal levels?
Local governments pass laws that govern the people living in their villages, towns, cities, or counties. Local laws are called ordinances. State governments are required to make laws that govern the people that living in the state. State laws are called statutes. The federal government is required to make laws that govern the citizens and people within the United States. Federal laws are called acts.
How did the Federalists and Anti-Federalists feel about the includsion of a Bill of Rights?
Most importantly, the Anti-Federalists thought it was important for the Constitution to include a bill of rights. This listing of specific rights protecting the speech, property and religious expression of the people, among many other rights, would protect the people from the federal government abusing its power. The way that the British treated the colonists before they declared independence was fresh in their minds and many Americans felt that a specific listing of rights was needed. The Constitution was eventually ratified by all of the states. Soon after ratification, Congress and the states also ratified the Bill of Rights. This compromise allowed the Federalists to get the Constitution ratified while also respecting the Anti-Federalist belief that to ensure that the protection of the rights of the people the Constitution needed a Bill of Rights.
What is the structure of the state court system?
Most legal matters that arise within a state fall under the state court system. Jurisdiction (the authority to hear a case) within state and federal courts is determined by the individual constitutions. The U.S. Constitution determines jurisdiction for federal courts and the Florida Constitution determines jurisdiction for state courts. Most states have a three-leveled system similar to the federal court system, but in Florida there is a four-leveled court system. The lowest courts in Florida are the county courts, the second level contains the circuit courts, the next level of courts in Florida that deal with appeals are the Florida District Court of Appeals, and the highest court is the Florida Supreme Court. Below is a brief description and review of each level of the Florida courts. County Courts: County courts handle misdemeanors or less serious crimes. These courts handle minor cases such as traffic violations, disturbing the peace, or civil cases involving sums of money less than $1,000. Municipal (city) courts are found in large cities and are divided into traffic, juvenile, and small claims courts. Small claims courts decide civil cases involving minor amounts of money. In small claims court there are two sides: (1) Plaintiffs (people filing lawsuits) and (2) Defendants (people being sued) who speak for themselves with no lawyers present. Circuit Courts: More serious crimes (felonies) and civil cases involving large amounts of money (more than $1000) are heard at the second level. Circuit courts, sometimes referred to as general trial courts, hear cases where defendants are accused of felonies such as murder, armed robbery, drug trafficking, and other major crimes. Trials in these courts may be held before a jury. It is the judge's responsibility to make sure that the trial is handled fairly and lawfully. District Court of Appeals: The third leveled court in Florida is the District Court of Appeals. This is an appellate court and it reviews decisions made by trial courts. No trials are heard in appellate courts and there are no juries present. Instead, panel of judges decides cases by a majority vote. Florida Supreme Court: The Florida Supreme Court is the highest court in the state. It is the responsibility of this court to review the decisions of appellate courts and to supervise all Florida courts. It is also the Florida Supreme Court's responsibility to interpret the Florida Constitution. The Florida Supreme Court has seven justices. Florida Supreme Court justices review cases and make decisions that are final for the state, except for cases involving federal law or the U.S.Constitution. The U.S. Constitution has supremacy over all other laws.
What are NGO'S AND INGO'S?
NGOs/INGOs are types of organizations that work independent of any government. They are private organizations that work to relieve suffering, promote the interests of the poor, protect the environment, provide basic social services, or assist with community development. These NGOs/INGOs operate independently from any government and maintain their non-governmental (no government is involved) position by not allowing government representatives to join their organizations.
Explain the Enlightenment ideas from John Locke.
Natural law is another idea from the Enlightenment. Natural law is the idea that human nature is based on reason; human beings are entitled to certain rights such as life and freedom. Because these rights are guaranteed to human beings simply because they are born, these rights are considered to be universal, which means that these rights are guaranteed to everyone. Natural rights are revealed in laws and government action that reflect natural law. A social contract is created when an organized society defines rights, duties and limits for the people and the government.
What is terrorism?
On September 11, 2001, terrorists hijacked (took by force) four airplanes in the U.S. and flew them into the World Trade Center in New York City, NY and the Pentagon in Virginia, near Washington, DC. Another plane crashed into a field in Pennsylvania. Over 3,000 Americans lost their lives as a result of this attack. The World Trade Center was a business center that included two 110 story buildings. The Pentagon is the headquarters of the U.S. military leadership. Terrorists are individuals who use violence to achieve political goals such as a change of government leadership or independence. This attack killed several thousand innocent Americans. The terrorist group who did this was Al Qaeda (which was led by Osama bin Laden). Another group, the Taliban, who ruled most of the country of Afghanistan, allowed Al Qaeda to live in Afghanistan and train for the terrorist attack on September 11, 2001. The U.S. military and its NATO allies responded by invading the country with the help of the Northern Alliance. Together, they took the Taliban out of power in Afghanistan (The Northern Alliance is an Afghan group that fought against the Taliban.) The battle to keep Afghanistan's new government stable was still going on as of 2014.
Who gives government their power?
One of the basic functions of government is to protect the natural rights of individuals. Although, according to the Declaration of Independence, government does not give individuals these natural rights—individuals are born with these rights and government protects these rights through the consent of the governed. Government, then, receives its powers from the consent of the people who are being governed. When the government becomes oppressive or does not protect the rights of the people and becomes a tyranny, the people have the right to "alter or abolish" the government, by changing it or replacing it with another government. The Declaration of Independence does not create a government.
What is the impact of political parties?
Political parties play a major role and make an important impact in American society. Political parties are important to the democratic process because they allow individuals to communicate their beliefs to the government. Because political parties are made up of large groups of people, it allows their group's voices and shared ideas to be more easily heard by the government. Political parties also educate citizens about issues and acts as a guide during elections. Generally, people tend to vote for candidates from their own political party or for issues that their political party supports. Political parties also impact the government at the federal, state and local levels. Political parties act as loose confederations (groups that come together for similar reasons/causes) at the state and local levels. Because there are many more elected offices at the state and local levels, political parties tend to be more active at these levels. Also, political parties raise and spend money in order to get candidates elected and they use funds to help spread the message about their beliefs and ideas to the people. Candidates representing the major political party that wins more seats in one house of the national or state legislature becomes the majority party in that house of the legislature while the major party that wins fewer seats in one house of the national or state legislature becomes the minority party in that house of the legislature. The majority party in a legislative house enjoys more control over the lawmaking process compared with the minority party in that same legislative house.
What are concurrent powers?
Powers that are shared by the national and state governments. Examples of shared powers are: 1. The power to levy taxes (tax the people). 2. The ability to borrow money.
What is the impact of public perspective?
Public Perspective- The ideas and attitudes that most people hold about elected officials, candidates, government and political issues. Individuals, interest groups, and political parties each present different perspectives on the direction that government should take.
What are reserved powers?
Reserved powers are powers that are given to the states by the Tenth Amendment to the U.S. Constitution which states that any power not specifically granted to the national government is reserved to the states. Examples of powers that belong to the states: 1. The power to run elections. 2. The power to establish schools.
What are the rights of the accused?
Rights of the accused are the rights of those accused of a crime. Search and seizure occurs when police believe that a crime has been committed. Police conduct a search to seize (collect) evidence that may have to do with the crime. Protection from unreasonable search and seizure means that police must have a reason and in most cases a warrant from a judge to search a person's personal property, home or body that may include their car, home, locker, backpack or purse belonging to the accused person. Rights of those accused of a crime also include the right to due process of law. Due process means that one cannot have their life, liberty or property taken without appropriate legal procedures and protections. Pleading the Fifth, or protection against self-incrimination, means that those accused of crimes may refuse to testify against themselves in a court of law. Pleading the Fifth prevents anything that a person may say to be used as evidence against them to convict them of a crime. Double jeopardy is also protected by the Bill of Rights. If evidence is found after an accused person is found "not guilty" of a crime, that person cannot be brought back to stand trial for the same crime. The right to legal counsel (lawyer) allows all people accused of a crime to have legal representation in court. Trial by jury is an additional right protected by the Bill of Rights. Protection of trial by jury means that a judge and jury must decide the issue based on the facts and evidence of a criminal case. Further, persons accused of a crime are protected against cruel and unusual punishment which may include torture or other forms of punishment considered too harsh for the crime committed. The constitutionality of the death penalty has long been questioned as to whether it should be considered cruel and unusual punishment.
What document can rule of law be traced back to?
Rule of law can be traced back to the Magna Carta. The Magna Carta is a document that was developed by English citizens to require King John of England to protect certain rights of the people and to limit the king's powers. The document forced the king to observe the laws of the land, which allowed for the citizens to gain liberties they did not have before the document was signed. the Magna Carta became a symbol that, even in a monarchy, the king could be required to follow the law.
Explain the Enlightenment ideas from Baron de Montesquieu.
Separation of powers is a system where power in government is divided into three branches each with their own specific responsibilities. This was a new concept in Europe because most governments had one person or group holding all the power, like a king or queen. While separation of powers divides power into three branches, checks and balances allows each branch to limit the powers of the others.
Hazelwood v. Kuhlmeier
Students of Hazelwood East High School wrote and edited the school-sponsored newspaper. The school principal removed two articles from the issue and claimed they were inappropriate. Cathy Kuhlmeier and two other students brought the case to court because they believed the principal violated their 1st Amendment rights of freedom of the press.The judicial opinion in this case focused on the 1st Amendment rights of students, specifically freedom of the press. The Court determined that a school could prevent the publication of articles in the school newspaper or limit the speech of their students if it disrupted the educational mission of the school.
What is the impact of the 13th, 14th, 15th, 19th, 24th, and 26th Amendment?
The 13th Amendment, ratified in 1865, made slavery illegal in the United States. • The 14th Amendment, ratified in 1868, stated that anyone born in the United States was a citizen of the United States and that they had the same rights as any other citizen of the United States. • The 15th Amendment, ratified in 1870, stated specifically that race could not be a factor in denying someone the right to vote. • The 19th Amendment, ratified in 1920 eliminated discrimination in voting based on gender. • The 24th Amendment, ratified in 1964, said that failure to pay a poll tax could not be a reason for a person to be denied the right to vote. • The 26th Amendment, ratified in 1971, said that any United States citizen age 18 or older could vote when up to that point the federal government, and some states, allowed only persons age 21 or older to vote.
How does the 14th Amendment define citizenship?
The 14th amendment defines citizenship as belonging to anyone who is born in the United States or is an immigrant who has completed the naturalization process. There are two methods by which someone can become a U.S. citizen by birth. If a person is born in the United States, in one of its territories, or on a U.S. military base, that person is a citizen through the law of soil. This method does not require the mother or father to be a U.S. citizen in order for the person to be granted citizenship. The other method of gaining citizenship is for one of a person's birth parents to be a U.S. citizen. Under this condition, U.S. citizenship is passed to the child from the natural mother or father. This method of gaining citizenship is called the law of blood. Citizens, as defined by the 14th Amendment, are guaranteed their natural rights to life, liberty, and property which cannot be taken away without due process of law.
What were the viewpoints of the Anti-Federalists regarding the Constitution?
The Anti-Federalists, who published their views as the Anti-Federalist Papers, were against the ratification of the Constitution and only wanted to make minor changes to the government as set up under the Articles of Confederation. They thought that the Constitution made a national government that was too strong and thought that the Constitution shouldn't be passed for the following reasons: • Too much power would be taken away from the states. • The Constitution needed a specific listing of rights to protect the people from the national government. • The national government would be allowed to keep an army in times of peace. • The "necessary and proper" clause, also known as the "elastic clause," of the Constitution would give too much power to the Congress. • The Executive Branch would be too strong. • The system of government (federalism) described in the Constitution was too new and untested - few governments around the world had tried such a method. • The way that the Constitution was to be ratified would conflict with the Articles of Confederation (which required unanimous consent of all 13 states for any amendments; the ratification of the Constitution required 9 of 13 states in order for the new government to take effect). • A country the size of the United States could not be governed by one central government.
What is the Bill of Rights?
The Bill of Rights includes the first ten amendments to the U.S. Constitution. The Bill of Rights was added to the U.S. Constitution in 1791, two years after the U.S. Constitution was ratified. These amendments define individual freedoms, rights of those accused of a crime, and protections from the federal government.
How did the laws develop throughout history?
The Code of Hammurabi was a written code of rules that guided the ancient society of Babylon and dates back to 1772 B.C. Hammurabi's code consisted of 282 laws and each crime was given a specific punishment, depending on a person's social standing. These laws created order out of chaos and guided people in their everyday lives. Other societies, including the United States, have used the Code of Hammurabi to develop their own laws. The Magna Carta was a government document that limited the power of the king of England and protected the rights of the nobility. It was written by a group of English nobles in 1215. As a colony of England, the colonists thought they were due the same rights as the Englishmen. The Magna Carta was one reason why the colonists pursued their freedom from England. Some of the rights were written into the laws of the states and later into the U.S. Constitution and the Bill of Rights. One example is the Fifth Amendment's due process clause.
How does the Constitution limit the power of the government?
The Constitution includes the principle of limited government. This means that government can do only what the people allow it to do. In the United States the government is limited in power by a constitution, or written agreement. Constitutional government is a form of government based on a written set of laws to which all citizens agree. In this form of government, the Constitution is the highest law of the land. The Constitution limits the power of both the federal and state governments. It says what each may and may not do. Constitutional government is organized in such a way that one person or group cannot get enough power to control the government.
What is the impact of the English Bill of Rights on American government?
The English Bill of Rights is a document that was written with the purpose of protecting peoples' rights and stated that every citizen possesses individual rights which are unbreakable. The rights in the document are enumerated, or listed and include the right to bear arms in defense and the right to petition the monarch. The right to petition the monarch means that citizens have the right to communicate with the monarch to make requests about what the monarch might do for the people. This document also focused on the importance of having the consent of the people in government. The English Bill of Rights influenced the colonists' views about the purposes of government by including the ideas contained in the document into two founding U.S. documents: The Declaration of Independence and the Bill of Rights. In the preamble of the Declaration of Independence, the colonists wrote that they held certain truths to be self-evident, or clear, that all men are created equal and they have certain unalienable rights that include life, liberty, and the pursuit of happiness. The way to secure these rights was that government would get their power from the consent of the governed. The U.S. Bill of Rights also contains ideas from the English Bill of Rights. Similar to the English Bill of Rights, the U.S. Bill of Rights enumerates the rights in the document. In the First Amendment, the right to petition the government is listed. The First Amendment also contains the rights of speech, peaceable assembly, and press. All of these rights are ways for the people to express their consent of how they are governed. In the Second Amendment, the right to bear arms is included.
What were the viewpoints of the Federalists regarding the Constitution?
The Federalists, who spread their views in writings called the Federalist Papers, wanted the states to ratify the Constitution as written in 1787. This would create a federal system of government in the United States where the central government would share power with the states. Federalists believed that the way the government was set up under the new Constitution provided protection for people's rights in the following ways: • Constitutional big ideas such as separation of powers and the system of checks and balances protected the people because no branch of government could get too strong. • By not listing specific rights in the Constitution, the people were protected better than they would be if the rights were actually listed. This is because it is impossible to list all of the rights of the people. Listing any specific rights might have meant the government could violate any unenumerated (not listed) rights. • Federalists thought that the Constitution would better unite the country and would lead to the growth of more business than would be possible if the Articles of Confederation were kept as the system of government.
What five freedoms does the first amendment protect?
The First Amendment includes five individual freedoms. Those freedoms are the right to free speech, press, religious exercise, peaceable assembly, and petitioning the government. Freedom of speech allows individuals to express their opinions. This includes speech that may criticize the government or government officials. Freedom of the press allows individuals to publish or print information. Freedom of religious exercise allows individuals to practice their religion freely or to choose not to practice a religion at all. Freedom to peaceably assemble is the ability to peacefully gather in groups. These groups can include those meeting to publicly demonstrate ideas or beliefs, such as a protest. Freedom to petition allows individuals to express their concerns with the government. A petition may formally ask the government for a policy change and may include the signatures of those who support those changes.
What services does the state government provide?
The Florida government is required to provide services to the residents of the state. These services center on public safety, law enforcement, health services and education. Examples of state services include: 1. Making laws for Florida residents 2. Creating a department of education that oversees public education in Florida 3. Creating a state law enforcement agency such as the Florida Department of Law Enforcement and Florida State Troopers 4. Maintaining state roads
What are Checks and Balances? Give specific examples
The Framers still feared that one branch of government could gain control of the other two. In order to ensure no one of the three branches would become too powerful, they established checks and balances. The principle of checks and balances allows each branch of government to limit the power of the other branches. The executive branch may veto laws passed by Congress, nominate certain government officials and Supreme Court justices, and propose new legislation. The president can make treaties, but they must be ratified by the Senate. The legislative branch can impeach and convict the president, other members of the executive branch, and federal judges. Congress may pass laws over the president's veto by two-thirds majority vote of both houses. The legislative branch may reject appointments made by the president as well as propose amendments to the United States Constitution. The judicial branch may declare executive actions and laws passed by Congress unconstitutional. This power of judicial review allows U.S. courts to examine the laws or actions of the legislative and executive branches of the government and to determine whether such actions are consistent with the U.S. Constitution. Judicial review is an important check on the legislative and executive branches because it prevents them from straying too far from the Constitution. The Supreme Court case that established the power of judicial review is Marbury v. Madison. Since the judicial branch has the power to interpret laws, it must be able to determine if a law is unconstitutional and declare it "null and void".
What is the International Red Cross/Crescent?
The International Red Cross is an international humanitarian organization with approximately 97 million volunteers, members and staff. It was founded to protect human life and health, to guarantee respect for all human beings, and to prevent and relieve human suffering. Individuals and governments can support this international organization by donating money, raising awareness, and volunteering.
What is the impact of the Magna Carta on American government?
The Magna Carta is a document that was developed by English citizens to require King John of England to protect certain rights of the people and to limit the king's powers. The document forced the king to observe the laws of the land, which allowed for the citizens to gain liberties they did not have before the document was signed. The Magna Carta provided the idea of a limited monarchy. This means that the king shares power with an elected legislature and agrees to be bound by a constitution or a set of laws. Additionally, three other ideas came out of the Magna Carta: writ of habeas corpus, rule by constitutional law (the constitution governs all people within a country), and the development of common law. Although these goals of the document were not achieved, the Magna Carta became a symbol that, even in a monarchy, the king could be required to follow the law. The Magna Carta influenced the colonists' views on the purposes of government. The United States has a limited government through the three branches outlined in the U.S. Constitution. Each branch is given the power to check or limit the power of the other two. The system of checks and balances keeps any one branch from getting too powerful. The writ of habeas corpus (court order requiring that a person who has been arrested be brought into court) is also found in the U.S. Constitution. Article I, Section 9 states: The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it. The U.S. government is also run by constitutional law. The U.S. Constitution is the law of the land and no one is above it.
What was the impact of the Mayflower Compact on American colonists?
The Mayflower Compact was a document to set up a government and write down the first set of lawsfor the settlers who arrived in Plymouth, Massachusetts. This document introduced the idea of selfgovernment.When this group of people left England, their goal was not to avoid having a government but to create a government that worked better for their goals. They wanted a government that relied on the consent of the governed, had fair and equal laws for all, and included a social contract. A social contract means that the people give their consent to being governed and the government protects the people and make sure that laws are fair and equal for all. This document established one of America's first democratic governments.The Mayflower Compact influenced the colonists' ideas about the purpose of government through ideas that have been included in the U.S. Constitution. The idea of self-government is reflected in the U.S. Constitution. The U.S. Constitution begins with the phrase: We the People. By beginning the U.S. Constitution in this way, the writers were making it clear that the people were creating and running the government. Influences from the Mayflower Compact are also in the Fourteenth Amendment. The Fourteenth Amendment, Section 1 states: No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. This amendment reflects the colonists' goal of having fair and equal laws for all.
What is NATO?
The North Atlantic Treaty Organization is a group of 28 countries that have agreed to protect each other in case of attack; specifically started to protect themselves against aggression by the Soviet Union and its communist allies. It is a military and defense agreement among the governments of member nations.
What is the meaning of the statement, "We the People"?
The Preamble begins with the phrase, "We the People". The writers of the U.S. Constitution began the Preamble with these words to guarantee that the people would be the source of the government's power and that power would not fall into the hands of a single king or ruler. By starting the Preamble in this way, the writers were making it clear that the government not only receives its power from the people, but also exists to serve them. The writers of the U.S. Constitution also knew that the power of the document depended on the approval of the majority of the people.
What are the 6 Goals of the Preamble?
The Preamble of the U.S. Constitution lists six goals and purposes of the U.S. government. The first goal listed in the Preamble is "form a more perfect union" and means that the purpose of the U.S. Constitution was to create an even better government than the one that was in place during the writing of the document (the Articles of Confederation). The next goal listed in the Preamble is that the government will "establish justice". This means that the government places the law higher than any individual, including government officials. Establish justice also means that all people will be treated fairly and equally under the law. The third goal listed in the Preamble is "insure domestic tranquility". This goal means that the government will protect citizens from conflict in the country and make sure that states do not go to war with each other. The fourth goal listed in the Preamble is "provide for the common defence". This means that government will provide one central defense against any attacks from outside countries or groups. The next goal is "promote the general welfare". This means that government is focused on the public interest and that every state and individual can benefit from what the government can provide. This goal relates to other goals listed in the Preamble. Establishing justice, insuring domestic tranquility, and providing for the common defense are all things that benefit the public interest. The sixth and final goal is "secure the blessings of liberty for ourselves and our posterity". This means that by having a government focused on the public interest, current and future generations will have a government that protects liberty and freedom.
What does the 10th Amendment say about states' rights?
The Tenth Amendment to the Constitution was added as the last Amendment in the Bill of Rights. The Tenth Amendment says "The powers not delegated to the United States by the Constitution, nor prohibited to it by the States, are reserved to the States respectively, or to the people". Because the writers of the Constitution were concerned about giving too much power to the national government, they decided to list out the specific powers for Congress (enumerated/delegated). When the necessary and proper clause was added to the Constitution it was so broad that it allowed Congress to have so many powers that listing them seemed pointless. In addition, the Tenth Amendment does not list any individual powers. Instead it just broadly says that powers are reserved to the "States" and "to the people"... leaving the meaning of reserved powers wide open to the states.
What is the structure of the Legislative, Executive and Judicial branches?
The U. S. government is made of up of three separate branches: the legislative, the executive, and the judicial. Each branch is organized very differently. The legislative branch includes the House of Representatives and the Senate - together they are the lawmaking body of the United States called Congress. Article I of the Constitution discusses the powers and organization of Congress. The main job of the legislative branch is to make laws. The major items in Article I include: o The United States will have a two house legislature. o Lists specific powers for Congress. The second branch of the U.S. government is the executive branch. The executive branch includes the President and Vice President. The main job of the executive branch is to enforce the laws. Article II of the Constitution outlines the powers of the President. The third branch of the U.S. government is the judicial branch. The judicial branch includes the U.S. Supreme Court and all lower courts including federal, state and local courts. Article III of the Constitution states that there is "one supreme Court" and "inferior Courts as the Congress may from time to time ordain and establish." Article III names only the Supreme Court and allows Congress to create all other federal, state and local court systems.
What is the Preamble?
The U.S. Constitution begins with a one-sentence introduction called the Preamble. The Preamble explains the goals and purposes of the government. The Preamble begins with the phrase "We the People, of the United States" and then states six goals and purposes of the government: 1. form a more perfect union, 2. establish justice, 3. insure domestic tranquility, 4. provide for the common defence, 5. promote the general welfare, and 6. secure the blessings of liberty to ourselves and our posterity. The Preamble ends with the phrase: "do ordain and establish this Constitution for the United States of America". The final phrase of the Preamble means that the people establish the U.S. Constitution to begin a new national government.
How does federalism limit the government's power?
The U.S. Constitution was written in response to concerns about the weaknesses of the Articles of Confederation. The U.S. Constitution, as it was written, reflected the problems under the Articles of Confederation, and the Founding Fathers wanted to solve these problems. The founders had a big goal: they needed to limit state power (because the states had independent power under the Articles of Confederation) all while creating a limited, national government. They needed to create a system of federalism, where the new government created opportunities for states to enjoy unique powers and to share others with the newly formed national government. For example, only the national government has the power to raise and support armies (enumerated/delegated powers), while it is up to the states to decide whether or not citizens must be registered in order to vote on Election Day (reserved). Both the state and national governments have the power to tax (concurrent); some states tax incomes (New York) while others do not (Florida) (reserved). The Constitution provides limitations on government power under the system of federalism that it creates.
Who makes laws at the federal, state, and local levels?
The U.S. federal system allows both the national and state governments to share certain powers and responsibilities. Lawmaking is a power that is shared at each level of government - the local, state, and federal levels. At the local level, depending on how the local government is organized, lawmakers could be city commissioners, city council members, county commissioners, or mayors. The number of commissioners and/or council members will vary depending on how the city or county government is organized. These local government officials pass ordinances that govern the people who live in villages, towns, cities and counties. State government is organized like the federal government. There is a state house of representatives and state senate made up of state representatives and state senators called state legislators. State representatives are elected to serve two-year terms and state senators are elected to serve four-year terms. State legislators work to create state laws, called statutes, which govern the people who live in the state. At the federal level, each state is given a certain number of U.S. Representatives based on the state's population and two U.S. Senators. U.S. Representatives serve two-year terms and have no term limits. U.S. Senators serve six-year terms and have no term limits. Together, U.S. Representatives and U.S. Senators make up the Congress. Congress enacts federal laws, called acts, which govern the people of the entire nation.
What services does the federal government provide?
The United States government is required to provide services to the citizens of the nation. These services center on national safety, common defense, and the general welfare. Examples of national services include: 1. Providing a military 2. Providing equal access to health care 3. Providing medical and housing assistance for the elderly 4. Providing for a national mail service (United States Postal Service) 5. Maintaining national highways 6. Providing economic support and military assistance after natural disasters
What is the World Court?
The World Court offers legal advice to the UN and handles international legal concerns such as boundary issues and debt payments. Countries may become members by meeting the requirements of the UN. Individuals may work or intern with the World Court.
What is the WTO?
The World Trade Organization was created to promote trade and economic growth by lowering taxes and other trade limitations. Countries may join and make agreements related to trade and taxes.
What were the three main concerns of the colonists leading up to the Declaration of Independence?
The colonists' reasons for declaring independence can be summarized into three main themes: individual rights, taxation and representation. Individual rights are rights guaranteed to a person. Colonists believed that King George III and the Parliament limited the colonists' individual rights by the laws that they passed and their reactions to colonial grievances. Colonists believed that their rights were limited by being taxed on various goods and services while these taxes did not benefit the colonies. They also believed that their rights were limited because their interests were not represented in the Parliament and because their ability to govern in the colonies was taken away. The English taxed goods and services used by the colonists as a way to pay off the debt that resulted from the French and Indian War. Colonists believed this taxing was unfair because the tax money went directly to England, instead of the money returning to the colonies. The colonists also believed the taxes were unfair because the colonies were not represented in Parliament. Colonists believed that taxation without representation was wrong. Representation was another main concern, specifically colonists' views and opinions being represented in Parliament and the colonists' ability to represent themselves in colonial governments. Colonists were not represented in Parliament and therefore their interests or opinions were not considered when laws were passed and other decisions made. Over time, the colonists' right to govern themselves was taken away when Parliament declared that the English had the highest authority to govern the colonies and when Parliament ended some colonial governments and put members of Parliament in charge.
What are the weaknesses of the Articles of Confederation?
The first government of the United States was the Articles of Confederation. The colonists chose to create a confederation which is a state-centered, decentralized (no central power) government where the main powers of government were controlled by the states. To avoid a unitary system from forming in the new nation, the colonists decided to create a confederal government that was very different. This new confederation would have a system of government with no central power that would reflect the colonists' fear of a powerful national government. Since the colonists were hoping to avoid a powerful national government and leader, they included some very strict limits on the government that have been identified as weaknesses of the Articles of Confederation. Below is a list of these weaknesses: Congress had no power to tax: Congress could not collect money from the states to create and pay for an army and navy to defend the nation. Congress had no power to regulate trade: Congress could not make laws about the types of goods coming into the country. As well, the states may have had different policies related to trade. Congress had no power to enforce its own laws: The laws that Congress passed had no real influence on the people because they were not being enforced, and therefore, did not have to be followed. The national government lacked a national court system:There was not a set of national rules or national organizations that would determine how the laws should be applied. This means there was no judicial branch. The national government lacked central leadership:There was no chief executive who could manage the national government. This means there was no executive branch. Amendments to the Articles of Confederation required unanimous consent of the 13 state legislatures:Changing the government was very difficult. If one state legislature did not like a proposed change, it could vote against the amendment which would prevent change from taking place even if the other 12 states agreed on the amendment.
How does the media monitor/influence the government?
The media uses their right to freedom of the press, granted to them by the First Amendment, to monitor and influence the government. The media, which consists of print (newspaper, magazine), broadcast (television, radio) and Internet (social media) sources can produce stories about public officials, distribute information online about the government, or broadcast information and news reports through the radio or television programs. The media is a major player in both monitoring and influencing the government.
What does the 9th amendment protect?
The ninth amendment protects rights that are not specifically enumerated in the Constitution.
Miranda v. Arizona
The state of Arizona arrested Ernesto Miranda for kidnapping and the state court found him guilty. He was questioned about the charges when he was arrested without being advised of his right to speak with an attorney or any of his other legal rights. Miranda appealed his conviction of these charges to the Supreme Court claiming the police violated his rights under the portion of the 5th Amendment that protects the rights of the accused against self incrimination.This judicial opinion on this case further strengthened the rights of the accused (which are the rights protected in the 4th, 5th, and 6th Amendments). This case focused on the 5th Amendment provision of due process and protection from self-incrimination. As a result of this ruling, law enforcement is now required to read people their "Miranda Rights" when they are being arrested for a crime.
What does the 10th amendment protect?
The tenth amendment gives reserved powers to the states and explains that any powers not specifically given to the federal government are reserved for the states.
How are your rights limited?
The writers of the U.S. Constitution wanted to create a federal government that was effective and powerful, but one that also safeguards the rights of individuals. The U.S. Constitution establishes a system that protects the rights of individuals and in turn, limits the powers of the federal government. The Bill of Rights lists many individual rights and guarantees that the government will not interfere with these rights. Other individual rights safeguarded in the U.S. Constitution are located in Article I, Section 9. These rights include the writ of habeas corpus and ex post facto laws. Although the Constitution safeguards rights, it is reasonable and fair to place limits on most rights. This means that rights are not absolute and can be limited in certain situations. Over the years, courts in the United States have developed various guidelines for limiting individual rights. These guidelines are used to help decide when individual rights interfere with other important rights and interests, including the rights of other individuals. Citizens may not exercise their freedoms to the full extent that they might like because doing so would threaten the common good. Federal and state laws, and U.S. Supreme Court decisions, have all placed limitations on First Amendment freedoms in order to protect the public interest. Rights and freedoms have been safeguarded because they are a foundation of the system of government in the United States while they are also limited in order to insure that the government is stable.
What are the four different types of law?
There are different types of law in the United States. The first type is civil law, a law concerned with private relations between members of a community rather than criminal, military, or religious affairs. Civil law deals with issues that are not related to crime. For example, Article I, Section 8 of the U.S. Constitution secures the right for authors and inventors to claim their writings and discoveries as their own exclusive work for a limited time. During that period of time, if another person copies and claims the author or inventor's work as their own, they may be sued. As a type of law, constitutional law defines the powers between states, deals with therelationship between the government and states, and between government and citizens. Criminal law deals with crimes and the punishments associated with those crimes. Persons who break state statutes will be tried by the state, if it is a federal offense persons may go to a federal prison if convicted. Civil and criminal law have the most effect on citizens. Juvenile law deals with the actions and wellbeing of persons who are not yet adults. Juvenile law mainly deals with criminal law for people under the age of 18 because they do not have the same obligations, responsibilities, or powers as adult citizens. Military law consists of laws that have been developed to meet the needs of the military. Congress created a set of criminal laws called the Uniform Code of Military Justice (UCMJ) that apply to all military members. This code includes military trial and punishment with several parallels to constitutional law.
What are some different methods used by the United States to deal with international conflict?
There several different methods that have been used by the United States in order to deal with international conflicts. These methods include: declaring war, diplomacy, military invasions, developing alliances with other nations, joining international organizations such as NATO or the UN, increasing tariffs (taxes levied on imported or exported goods) and trade barriers (limitations on trading certain goods or with certain nations), isolation (not getting involved in other nations' conflicts) or treaties. Each nation's government has to be dealt with differently and the United States has demonstrated throughout history that it will do just that to protect U.S. borders and American citizens.
Plessy v. Ferguson
Under Louisiana law, whites and blacks were required to ride in separate railway cars. Although Homer Plessy was seven-eighths (7/8) white and one-eighth (1/8) African-American, he was required to ride in the "colored" car. Plessy was arrested for refusing to leave the "whites only" railway car. He took his case to state court because he believed that this segregation (separation based on the law) violated the 14th Amendment equal protection clause, which says that states must apply the law equally and cannot discriminate against citizens or groups of citizens. The Louisiana judge, John Ferguson, ruled that Louisiana can enact segregations laws within the state. As a result, Plessy appealed this case to the United States Supreme Court.The judicial opinion in this case established that separate but equal did not violate the 14th Amendment equal protection clause as long as the separate African-American facilities were "equal" in quality to those of whites.
What is UNICEF?
United Nations Children's Fund, A United Nations program headquartered in New York City, which provides long-term help and care to mothers and children in developing nations. They work to benefit a variety of issues related to children such as education, vaccinations, nutrition, and other issues. Individuals can contribute to UNICEF by donating money, raising awareness, purchasing gifts, or signing up for social media alerts.
Vietnam War
a military conflict (1954-1975) between the Communist forces of North Vietnam supported by China and the Soviet Union and the non-Communist forces of South Vietnam supported by the U.S.
Gulf War I
a military conflict in 1991 between Iraq and a coalition force of 34 nations mandated by the United Nations and led by the U.S., also known as the Persian Gulf War
Korean War
a war between North and South Korea; South Korea was aided by the U.S. and other members of the United Nations from 1950-1953
World War I
a war between the allies (Russia, France, British Empire, Italy, U.S., Japan, Romania, Serbia, Belgium, Greece, Portugal, Montenegro) and the central powers (Germany, Austria-Hungary, Turkey, Bulgaria) from 1914 to 1918. The United States declared war on Germany after German U-Boats sunk British submarines and merchant ships carrying U.S. citizens.
World War II
a war that began on July7, 1937 in Asia and September 1, 1939 in Europe and lasted until 1945; it involved most of the world's countries Declared war on Japan after Japan bombed a naval base in Pearl Harbor, Hawaii. Hawaii was a U.S. territory at the time.
Gulf War II
the 2003 military conflict Iraq, also called the Iraq War or "Operation Iraqi Freedom", began March 20, 2003, initiated by the U.S., the United Kingdom and other nations
What is forced internment?
the confinement of a group of people, especially during a war
Original Jurisdiction
the power of a court to be the first to hear a case on a specific topic; for the U.S. Supreme Court this involves cases involving conflicts between Congress and the president and in cases in which a state is a party
What is civil disobedience?
the refusal to obey certain laws as a form of political protest
What are property rights?
the right to own property; mentioned in the Fifth and Fourteenth Amendments. The Fifth Amendment protects citizens' life, liberty, and property rights from inappropriate federal government action while the Fourteenth Amendment protects citizens' life, liberty and property rights from inappropriate state government action. Property rights include the right to own, produce, trade, purchase or use property. Economic rights include the right to buy, sell, produce, trade, purchase or use goods and services. Economic rights also include rights related to employment.