Government Midterm
What does veto mean?
"I forbid"
Religious freedom clause of first amendment
'Congress shall make no law respecting an establishment of religion or prohibit the free exercise thereof'
What were the 21 famous landmark cases?
1. Engel V Vitale - A school prayer case that stated that a New York law allowing for school sponsored prayer was unconstitutional because it violated the first amendment's prohibition on establishing a religion. 2. Korematsu V US - Decision stated it was constitutional for the military to be able to place Japanese American citizens in internment camps to avoid possible acts of spying during WW II. Most of the Japanese Americans were moved to camps from the west coast of the US 3. Miranda v Arizona - case established that suspects have to be informed by the police of their right to remain silent and the right to a lawyer under the 5th amendment. 4. West Va Board v Barnette - case stated that Jehovah's Witnesses could refuse to salute the flag because their doing so was protected as free expression under the Constitution and also protected under the free exercise clause of the 1st amendment. 5. Brown V Board of Ed - found that segregated schools violated the 14th amendment and the equal protection clause and were thus unconstitutional. This overturned a case 50 years before it known as Plessy v. Ferguson in 1896. 6. Dred Scott v Sanford - Ruled that black Americans were not citizens and thus could not bring a lawsuit in federal court. Decision stated that a black man has no 'rights a white man is bound to respect.' Decision denied the full personhood of the black and stated that slavery could not be restricted in any territory or state. 7. Cherokee nation v Georgia - Held that a Native American tribe was not a state in the Union or a foreign country, but a dependent nation under the authority and control of the United States. 8. Marbury V Madison - Case decided that the Supreme Court would have the right or power of judicial review, that the Supreme Court would have the final say on what laws were Constitutional or not. 9. Plessy V Ferguson - Upheld the constitutionality of 'separate but equal,' essentially legalizing discrimination. This decision was overturned by another case 58 years later. 10. Furman V Georgia - This case found that the death penalty was unconstitutional and a violation of the 8th amendment's prohibition against cruel and unusual punishment IF specific guidelines on how to impose it are not used by judges and juries In their decision making 11. University of Cali v Bakke - This case stated the concept of affirmative action was constitutional. In this case, it allowed state universities to consider race as one of several factors in selecting students for admission. 12. Texas V Johnson - this case stated that flag burning in protest was constitutional because it was symbolic speech and thus protected under the first amendment's freedom of speech clause. 13. Roe V Wade - This case upheld a woman's right to unrestricted abortions during the first three months of pregnancy. This decision stated that the unborn child did not yet have full personhood and thus did not yet have natural and Constitutional rights protections. 14. Gideon v Wainwright - This case determined that all criminal defendants have a right to an attorney even if they cannot afford one. 15. Loving V Virginia - This case declared unconstitutional all state laws prohibiting interracial marriages 16. US v Nixon - This case affirmed that the President of the United States cannot use executive privilege to withhold evidence from criminal trial. 17. Bush V Gore - This case effectively ended the 2000 presidential election, stating that recounts had been conducted according to law and that they would now be ended. 18. DC v Heller - This case stated that citizens have a right to possess firearms at home for self-defense. 19. NFIB v Sebelius - This case stated that the law known as the Affordable Care Act (ObamaCare) was constitutional in that the government could require citizens to obtain government controlled health care or be required to pay a fine. 20. Citizens united v FEC - This case stated that no law could be passed limiting the amount of money corporations and unions could donate to election campaigns. 21. Obeegfell v Hodges - This case stated that no law could be passed that would restrict same - sex marriage in any state
What did all of the founders agree on?
1. God created all men equal in value - all men were created in the image of God. 2. God gave to all men certain unalienable rights - natural rights endowed by the Creator. 3. The greatest of all individual rights was thre right to conscience - the ability to reflect upon and choose for oneself without limit on religious issues. 4. All men are by nature corrupt, selfish, sinful, and apt to abuse power. 5. Power must be limited in all civil institutions, church and state alike. 6. Good order and equal justice under law is a pillar of freedom (Lex Rex) Government should be one of laws, not men. 7. Religion, morality, and virtue are pillars of freedom - a secular state or nation could not long survive. To remove God and Christian principles from government and society would remove the limits upon power and lead to chaos and slavery.
What are the principles of liberty?
1. The only reliable basis for sound government and just human relations is Natural Law. 2. A free people cannot survive under a republican constitution unless they remain virtuous and morally strong. 3. The most promising method of securing a virtuous and morally stable people is to elect virtuous leaders. 4. Without religion the government of a free people cannot be maintained. 5. All things were created by God, therefore upon Him all mankind are equally dependent, and to Him they are equally responsible. 6. All men are created equal. 7. The proper role of government is to protect equal rights, not provide equal things. 8. Men are endowed by their Creator with certain unalienable rights. 9. To protect man's rights, God has revealed certain principles of divine law. 10. The God-given right to govern is vested in the sovereign authority of the whole people. 11. The majority of the people may alter or abolish a government which has become tyrannical. 12. The United States of America shall be a republic. 13. A constitution should be structured to permanently protect the people from the human frailties of their rulers. 14. Life and liberty are secure only so long as the right to property is secure. 15. The highest level of prosperity occurs when there is a free-market economy and minimum of government regulations. 16. The government should be separated into three branches - legislative, executive, and judicial. 17. A system of checks and balances should be adopted to prevent the abuse of power. 18. The unalienable rights of the people are most likely to be preserved if the principles of government are set forth in a written constitution. 19. Only limited and carefully defined powers should be delegated to government, all others being retained in the people. 20. Efficiency and dispatch require government to operate according to the will of the majority, but constitutional provisions must be made to protect the rights of the minority. 21. Strong local self-government is the keystone to preserving human freedom. 22. A free people should be governed by law and not by the whims of men. 23. A free society cannot survive as a republic without a broad program of general education. 24. A free people will not survive unless they stay strong. 25. "Peace, commerce, and honest friendship with all nations - entangling alliances with none." 26. The core unit which determines the strength of any society is the family; therefore, the government should foster and protect its integrity. 27. The burden of debt is as destructive to freedom as subjugation by conquest. 28. The United States has a manifest destiny to be an example and a blessing to the entire human race.
What did the founders do to limit power?
1. created a system of federalism that divided power vertically between federal, state, and local governments. There are over 80,ooo separate governments in the US today. 2. divided power horizontally into three branches of power and responsibility - executive, legislative, and judicial. This is known as the concept of separation of powers. 3. established the ability and responsibility of branches to check and balance on another in many different areas. Examples of this include: The executive branch appoints judges, but the legislative branch must approve the appointments. The legislative branch makes the laws, but the executive veto or nullify the proposed law. The legislative branch can then override the executive ceto with a 2/3 vote of both houses of Congress. 4. A bicameral (two houses) Congress was established to distribute state power and to create a system whereby proposed laws would move slowly through the Congress, allowing for debate and amendments. 5. the federalist system was designed to limit central power and give most authority to state and local governments and provide maximum individual liberty. 6. A Bill of Rights was established in the US Constitution to guarantee these individual rights and liberties and to limit central power. The US Constitution would not have been ratified by 3/4 of the states had the founders not promised to include a Bill of Rights. The Bill of Rights, the first ten amendments to the Constitution, was approved by the very first Congress (1791) 7. The Constitution allows for changes or amendments if needed - the process is difficult, but not impossible. The Constitution has 27 amendments (out of over 10,000 proposed). 2/3 of both houses of Congress must vote for a proposed amendment and 3/4 of the states must ratify. 8. Frequent elections were established on all levels to hold elected officials accountable to the public on a regular basis. 9. Stated that God, not government, is the source of natural and individual rights and liberty - Government is to be the guarantor of natural and individual rights. If it ever destroys or harms these rights, it is the duty of the people to oppose and change it. 10. The founders encouraged the promotion of religion and morality among the people because it restricted the natural sinful impulse of man to be selfish and corrupt. The greatest guarantor of religious liberty was the religious clauses of the first amendment.
What did the U.S. constitution assert?
1. established a representative form of government based in law upon the ideals stated in the Declaration. 2. Established government of, by, and for the people - power is vested in the people. 3. The people agree or consent to be governed by elected representatives under a federal system of federal, state, and local levels. Separate branches are established to further divide power and responsibilities 4. Equal justice under law is guaranteed and the Constitution is the supreme law of the land. 5. Established a system of checks and balances and separation of powers to create a limit on governmental power.
What did the declaration of independence assert?
1. law and rights are established in God 2. Equality and justice for all under all is possible because all men are created equal in the eyes of God. 3. Natural law and rights are given to all by God as gifts and thus are unalienable (cannot be taken away rightly) It was to be a government of laws, not men. 4. The purpose of government is not to give, but to guarantee and secure these rights 5. If government fails to do this, it is the right and the duty of the people to change their government to secure these rights 6. Governments are established and maintain power through the consent of the governed, not by force.
What is the strategy that humanists use to convert biblical principles to humanistic principles?
1. taken control of the educational system and established a humanist curriculum 2. Used laws and court decisions to restrict religious freedom and promote humanistic values 3. Spread their humanist beliefs through media and entertainment and 4. Spread their humanist beliefs in certain churches, causing some churches to adopt a humanistic philosophy
What are the four great national sins?
1. the removal of the American Indian from lands often in an unjust manner - America broke many of the promises given to the Indian. 2. the enslavement of African Americans in human bondage for 250 years 3. the killing of the unborn in abortion - since 1973, over 40 million children have been legally killed in the United States. 4. In the last 80 years, America has forgotten God, the greatest and most devastating sin of all. Interestingly, each of these sins relates to a misunderstanding and lack of appreciation concerning the value of each individual life and a forgetting of the Creator of life itself and His eternal principles.
How long is a congressman's term in the house of representatives?
2 years
How many electoral votes does it take for a POTUS to be elected?
270
How many lobbyists are in Capitol hill in a day?
30,000
What percent must an impeachment receive to impeach someone?
50% + 1
How long is a congressman's term in the senate?
6 years
How many members of Congress must vote for cloture and the limiting of time for debate?
60
In 1776, what percent of people identified as christian?
99%
Lobbyist
A group or person who attempt to influence Congressmen to vote a certain way.
If the POTUS signs a bill what does it become?
A law
Who introduces a bill to congress?
A sponsor
Cloture
Agreement to limit the time for debate.
What are the 27 amendments?
Amendment 1 - 5 Freedoms Amendment 2 - Right to Bear Arms Amendment 3 - No Quartering of Soldiers Amendment 4 - Prohibition of Illegal Search and Seizure Amendment 5 - Accused Rights of Due Process Amendment 6 - Trial Rights Amendment 7 - Civil Trial Rights Amendment 8 - Prohibition Against Cruel and Unusual Punishment Amendment 9 - Implied Rights Retained by the People Amendment 10 - State's Rights Amendment 11 - RESTRICTION OF LAWSUITS Amendment 12 - ELECTORAL COLLEGE CORRECTIONS Amendment 13 - ENDED SLAVERY IN ALL OF US Amendment 14 -- CITIZENSHIP AND DUE PROCESS TO BLACK AMERICANS Amendment 15 -- VOTING RIGHTS GUARANTEED FOR BLACK AMERICANS Amendment 16 -- INCOME TAX ALLOWED Amendment 17 -- VOTING FOR SENATORS CHANGED TO POPULAR VOTE Amendment 18 -- PROHIBITION OF ALCOHOL Amendment 19 -- WOMEN GIVEN THE RIGHT TO VOTE IN US Amendment 20 -- INAUGURATION DATE CHANGED Amendment 21 -- PROHIBITION REPEALED Amendment 22 -- TERM LIMIT FOR PRESIDENT Amendment 23 -- VOTING RIGHTS FOR WASHINGTON DC Amendment 24 -- NO POLL TAX ALLOWED Amendment 25 -- RULES ON PRESIDENTIAL SUCCESSION Amendment 26 -- VOTING AGE LOWERED TO 18 Amendment 27 -- LIMIT ON PAY INCREASES FOR CONGRESS
Two party system
America, since at least 1800 has always had this type of political election structure
What is the most important thing the President of the Senate does?
Break a 50-50 tie
Who serves as the judge in a trial of impeachment?
Chief Justice of the Supreme Court
What does a party whip do?
Count up the votes
Filibuster
Delaying action in the Senate designed to stop action on a bill.
True or False? A bill can be proposed by any member of the House of Representatives, but a bill cannot be proposed at any time by a member of the Senate.
False
True or False? A bill, once passed in one house of Congress, then goes immediately to the states for debate, vote, and approval.
False
True or False? If the bill fails one committee it can still be passed but it has to win the majority of the committees?
False
True or False? The final bill then goes to the House ONLY for final approval.
False
According to the Constitution who can articles of impeachment?
House of Representatives
Bills involving money appropriations (spending) must begin in what house of the Congress, the House of Representatives or the Senate?
House of Representatives
Which house of Congress is known as the people's house?
House of Representatives
Who are the supreme court justices?
John G. Roberts Jr. (Chief Justice) Anthony M. Kennedy (Associate Justice) Clarence Thomas (Associate Justice) Ruth Bader Ginsburg (Associate Justice) Stephen G. Breyer (Associate Justice) Samuel Anthony Alito (Associate Justice) Sonia Sotomayor (Associate Justice) Elena Kagan (Associate Justice)
What is the meaning of the first amendment religious clauses?
Meaning: The FEDERAL Congress only was forbidden by law to be able to establish a national church. States could, and did, establish state churches - 9 of the colonies had established state churches by law in 1775 and others had tests of faith that people had to pass before being able hold elected office. These practices ended in all states by 1833 as the number of churches and denominations increased. The ending of these established churches and tests allowed for more religious freedom, diversity, and practice. The original intent of both religious clauses of the first amendment was to PROMOTE and encourage religious freedom by prohibiting the FEDERAL government form interfering in theses issues in ANY way. Thus, the clauses should not be in conflict with each other, but today, secularists have been able to change the original purpose and intent of the establishment clause through unwise court rulings and unwise laws. The establishment clause is now used on any and every type of religious expression, thus the establishment clause is being used to limit or restrict the free exercise of religion - this was never the intention - upholding one clause should not negate the other, but today, laws and court decisions are used in such a way as to secularize society as much as possible
After a bill is passed which political leader does it go to for signing?
POTUS
Independent
Political party composed largely of moderates
Who fills the positions in the Senate?
President Pro Tempore: Orrin Hatch R MD President of the Senate: Joe Biden D DE Senate Majority Leader: Mitch McConnell R KY Senate Majority Whip: John Cornyn R TX Senate Minority Leader: Harry Reid D NV Senate Minority Whip: Dick Durbin D IL
Markup
Process of changing the bill in part or completely in committee.
What are possible voting options on the floor?
Roll call, voice and standing
Who was the first women supreme court justice?
Sandra Day O'Connor
Where can a filibuster be conducted?
Senate
Where does the trial of impeachment occur?
Senate
Who fills the positions in the HOR?
Speaker of the House: Paul Ryan R WI House Majority Leader: Kevin McCarthy R CA House Majority Whip: Steve Scalise R LA House Minority Leader: Nancy Pelosi D CA House Minority Whip: Steny Hoyer D MD
What are the four types of committees in congress?
Standing Joint Select Conference
Who is the President of the Senate?
The Vice President
What happens when POTUS vetoes a bill?
The bill goes back to congress and they vote on it (they have to get a 2/3 majority to override the veto)
What are the two parts of this clause?
The first part of the clause is known as the establishment clause. The second part of the clause is known as the free exercise clause
What are the bill of rights?
The first ten amendments
What are the two schools of thought exist today on the source of American liberty and freedom?
The first, which was held by most for the first 150 years of our history, states that the source of our freedoms are in God and Biblical principles - man is given by God natural, inherent rights and governments are established not to give, but to guarantee those rights. The second school of thought is that the founders gathered their ideals from secular, Enlightenment, humanist sources and that human freedom is given by governments and men through reason and power, not by God. This view has become more prevalent in the last 80 years as humanist teachings have come into our schools and universities.
After the bill is passed through the committees then where does it go?
The floor
What did the founders believe the key to freedom was?
The founders believed that the key to freedom was to limit power and to promote religion and morality
Consent of the governed
The founders stated and established that power and authority was not to be gained by force, but by the consent of the governed, or, the permission of the people. Thus the government of the United States is a government of, by, and for the people.
What does the phrase "We the People" do?
These words establish the source of power and consent being in the people themselves - those in authority rule based on the consent or permission of the governed and not by privilege, right, or force.
Where does a bill go after the sponsor?
To committee for debate, discussion and amendments
What did the founders do to promote religion and morality?
To promote religion and morality, the founders established: First Amendment religious clauses: "Congress (national legislature)shall make no law respecting an ESTABLISHMENT of religion, or prohibit the FREE EXERCISE thereof..."
Where does a bill go after committee?
To subcommittee which is smaller
True or False? Almost all of the founders had a respect for biblical principles.
True
True or False? It takes a 2/3 majority in order to remove someone from office.
True
True or False? The Declaration of Independence established, for the first time in world history, a concept of universal, God - given, natural rights.
True
US Constitution
US Constitution - established a republican form of government based in law and upon the foundation and ideals found in the Declaration of Independence. It is a federalist system based on a government of, by, and for the people. The people govern themselves through elected representatives. It is a government where power comes from the people - the government rules only by the consent or permission of the governed, not by force.
What are the most important words in the constitution?
We the People
The preamble to the Constitution also reveals these six goals of the Constitution itself:
We the People of the United States, (1)in Order to form a more perfect Union, (2)establish Justice, (3)insure domestic Tranquility, (4)provide for the common defense, (5)promote the general Welfare, and (6)secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
Rules committee
Where final changes are made to made bills
Worldview
a belief system whereby one understands or interprets the world and interacts with it. A biblical worldview is one in which all of life is understood and lived on the facts, truth, and principles of Scripture.
Democracy
a form of government in which political authority is vested in the people (from demos - people and kratos - authority)
Totalitarian
a form of government that controls all areas of life in a nation or state.
Totalitarianism
a form of government that controls all areas of life in a nation or state.
Caucus
a meeting of party members.
Moderate
a political belief that is at the center of the political spectrum, a position between a conservative and liberal view.
Government
a structure of power that creates, enforces, and interprets the laws of society
Rex Lex
ancient doctrine stating that the king is law - absolutely in power and control - the king is nor bound by law, but is above the law and makes and applies law to his subjects/slaves as he decrees. Upholds idea that some are by nature better than others, that equality under God and law does not exist, and that God appoints some to rule over others without their consent based on his choice - the divine right of kings.
Secular
apart from religion/God
Theism
belief in God (from Greek theos - God)
Atheism
belief in no God (a- no; theos - God)
Deism
belief that God created all things, then withdrew from his creation and allowed all things to operate by natural process. Belief that God does not intervene directly in the lives of individuals or in creation itself.
Absolute truth
belief that Truth exists which is derived from God, eternal, and applies to all people in all circumstances and situations.
Moral Relativism
belief that moral truth is not absolute, but relative, changing according to personal opinion, circumstance, and situation. Derived from the mind and reason of man alone and not to God.
Materialism
belief that the only thing that exists is matter and that all matter, phenomena, and causes are natural. Matter is the only substance - there is no spiritual aspect to life and no supernatural.
Nazi Germany
best example given of a fascist nation in recent history
Soviet Union
best example of a Communist nation in recent history
Hopper
box on the clerk's desk in the House of Representatives where proposed bills are placed for consideration.
Separation of church and state
concept first written by Thomas Jefferson in a private letter to a Baptist congregation in Danbury, Conn. advocating a wall of separation between church and state. Jefferson's original idea and the purpose of the first amendment was to guarantee religious freedom by not allowing the federal government (and he hoped state governments eventually also) to touch it in any way. This concept is now used to separate church/religion from many areas of life and culture by law.
Equal justice under law
concept that all citizens have an equal right to fair treatment, or due process, under the laws established.
Equality
concept that all people are of equal worth
Socialism
economic concept that supports a closed system with strong governmental controls on businesses, wages, and prices
Capitalism
economic concept that supports a free market system with little government regulation and private property ownership and privately owned means of production
General election
election involving candidates from different parties.
Primary election
election within party to determine general election candidate for the party.
Executive branch
enforces the law
Declaration of Independence
established government on basis of ideals founded in Judeo-Christian worldview. Written primarily by Thomas Jefferson, but he drew from many sources and wanted it to be 'an expression of the American mind," a summary of what Americans thought as a whole.
Republic
form of government in which sovereignty rests with the people who then elect people to represent them in lawmaking and decision making (sometimes referred to as representative democracy)
Ratify
formally approve
Social compact
idea that government structure should be based on a concept that those in authority are placed in that position by the consent of the governed. Government is of, by, and for the people
Judicial branch
interprets the law
Divine Law
law derived from God, independent of the will and opinion of man. Applies to all people everywhere at all times.
Positive/human law
legal theory that states that law is set and rights are given by human beings alone and are based on individual belief and circumstances.
Natural laws/rights
legal theory that states that law is set and rights are guaranteed by that which is natural or inherent (within) the nature of man and applies to all human beings. Theists hold that these natural law/rights are given by God while atheists hold that these concepts are simply natural to mankind as a result of their humanity alone and are a product of natural evolutionary causes.
Republican
major political party that is largely conservative (right) in nature
Democrat
major political party that is largely liberal (left) in nature
Legislative branch
makes the law
After the floor the vote is taken to decide on final _____?
passage
Progressive
political belief of those who believe in stronger central power and an evolving and changing view of the Constitution to meet the changing times and issues
Lex Rex
political concept first put forth by Samuel Rutherford in 1644, stating that the law is king. The teaching states that the law is absolutely in power and control - the king, subjects, and slaves are all under the authority of the law. Upholds biblical idea that all are created equal in the sight of God
Conservative
political designation for those who believe in limited central government and a maintaining of the original meaning of the Constitution
Green
political party that believes in strong governmental regulation so as to protect the environment
Libertarian
political party that believes in very little governmental control and allowing almost all things to be made legal.
Communism
political philosophy on the far left that centers on the concept of totalitarian control, redistribution of wealth by force, and government ownership of production/business
Fascism
political philosophy on the far right that centers on a combination of state and private ownership, strong patriotic nationalism and militarism, and total central control
What are the five freedoms of the 1st amendment?
religion, speech, press, assembly, petition
Civil rights/liberties
rights and freedoms given by civil authorities/government. These rights and freedoms protect the individual from unfair governmental practices and guarantee equality under law. Because they are given by man, these guarantees are alienable.
Electoral college
system by which the POTUS is chosen. A state's electoral college vote total is based on the number of representatives they have in the House of Representatives plus the number of Senators (2). There are currently a total of 538 electoral votes and 270 are needed to win the presidency.
Federalism
system of government whereby power is given by the consent and elective choice of the people and divided from a federal or central power to a state and then a local authority. In addition to this separation of power, each level of government is then broken into branches (legislative, executive, and judicial) of power and responsibility. As a result, power is checked and balanced so that power is limited. More than anything else, the founders feared unlimited, unchecked power and tried to limit power as much as possible.
Alienable
that which can be taken away. Refers to guarantees that are govern by man/government - while important, they can and do change or can and are taken away.
Unalienable
that which cannot be taken away justly. Refers to rights and freedoms given by the Creator in the Declaration of Independence (life, liberty, and the pursuit of happiness)
Supremacy clause
the Constitutional provision that makes the federal Constitution superior to state and local law or 'the supreme law of the land.'
Popular sovereignty
the concept that all political power rests with the people.
Anarchy
the condition of having no government or law. Each member of society governs themselves alone.
Liberty
the greatest freedom for individuals that is consistent with the freedom of others
Judicial review
the power of the Supreme Court of the US to decide whether a law is Constitutional or not.
Politics
the process of applying of values and benefits with authority upon society
What does impeachment mean?
to accuse an elected official of a crime
Humanism
worldview that views man as the measure of all things. The concept of secular humanism is a belief system that denies the reality of God and absolute truth while exalting man and his own abilities and relative truth and knowledge as all that is needed.