semester district final. the authority to amend the constitution of the united states is derived...

STUDY GUIDESEMESTER DISTRICT FINAL

The authority to amend the Constitution of the United States is derived from Article V of the Constitution. After Congress proposes an amendment, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), is charged with responsibility for administering the ratification process under the provisions of 1 U.S.C. 106b. The Archivist has delegated many of the ministerial duties associated with this function to the Director of the Federal Register. Neither Article V of the Constitution nor section 106b describe the ratification process in detail. The Archivist and the Director of the Federal Register follow procedures and customs established by the Secretary of State, who performed these duties until 1950, and the Administrator of General Services, who served in this capacity until NARA assumed responsibility as an independent agency in 1985.

The Constitutional Amendment Process

The Constitution provides that an amendment may be proposed either by the Congress with a two-thirds majority vote in both the House of Representatives and the Senate or by a constitutional convention called for by two-thirds of the State legislatures. None of the 27 amendments to the Constitution have been proposed by constitutional convention. The Congress proposes an amendment in the form of a joint resolution. Since the President does not have a constitutional role in the amendment process, the joint resolution does not go to the White House for signature or approval. The original document is forwarded directly to NARA's Office of the Federal Register (OFR) for processing and publication. The OFR adds legislative history notes to the joint resolution and publishes it in slip law format. The OFR also assembles an information package for the States which includes formal "red-line" copies of the joint resolution, copies of the joint resolution in slip law format, and the statutory procedure for ratification under 1 U.S.C. 106b.


The Archivist submits the proposed amendment to the States for their consideration by sending a letter of notification to each Governor along with the informational material prepared by the OFR. The Governors then formally submit the amendment to their State legislatures. In the past, some State legislatures have not waited to receive official notice before taking action on a proposed amendment. When a State ratifies a proposed amendment, it sends the Archivist an original or certified copy of the State action, which is immediately conveyed to the Director of the Federal Register. The OFR examines ratification documents for facial legal sufficiency and an authenticating signature. If the documents are found to be in good order, the Director acknowledges receipt and maintains custody of them. The OFR retains these documents until an amendment is adopted or fails, and then transfers the records to the National Archives for preservation.


A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 of 50 States). When the OFR verifies that it has received the required number of authenticated ratification documents, it drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution. This certification is published in the Federal Register and U.S. Statutes at Large and serves as official notice to the Congress and to the Nation that the amendment process has been completed.


In a few instances, States have sent official documents to NARA to record the rejection of an amendment or the rescission of a prior ratification. The Archivist does not make any substantive determinations as to the validity of State ratification actions, but it has been established that the Archivist's certification of the facial legal sufficiency of ratification documents is final and conclusive.


In recent history, the signing of the certification has become a ceremonial function attended by various dignitaries, which may include the President. President Johnson signed the certifications for the 24th and 25th Amendments as a witness, and President Nixon similarly witnessed the certification of the 26th Amendment along with three young scholars. On May 18, 1992, the Archivist performed the duties of the certifying official for the first time to recognize the ratification of the 27th Amendment, and the Director of the Federal Register signed the certification as a witness.


The Bill Begins Laws begin as ideas. These ideas may come from a

Representative—or from a citizen like you. Citizens who have ideas for laws can contact their Representatives to discuss their ideas. If the Representatives agree, they research the ideas and write them into bills.

The Bill Is Proposed When a Representative has written a bill, the bill needs

a sponsor. The Representative talks with other Representatives about the bill in hopes of getting their support for it. Once a bill has a sponsor and the support of some of the Representatives, it is ready to be introduced.

bill becoming a law process

The Bill Is Introduced The Hopper In the U.S. House of Representatives, a bill is introduced when it is placed in

the hopper—a special box on the side of the clerk’s desk. Only Representatives can introduce bills in the U.S. House of Representatives.

When a bill is introduced in the U.S. House of Representatives, a bill clerk assigns it a number that begins with H.R. A reading clerk then reads the bill to all the Representatives, and the Speaker of the House sends the bill to one of the House standing committees.

The Bill Goes to Committee When the bill reaches committee, the committee members—groups of

Representatives who are experts on topics such as agriculture, education, or international relations—review, research, and revise the bill before voting on whether or not to send the bill back to the House floor.

If the committee members would like more information before deciding if the bill should be sent to the House floor, the bill is sent to a subcommittee. While in subcommittee, the bill is closely examined and expert opinions are gathered before it is sent back to the committee for approval.


The Bill Is Reported When the committee has approved a bill, it is sent—or reported—to the House floor.

Once reported, a bill is ready to be debated by the U.S. House of Representatives. The Bill Is Debated When a bill is debated, Representatives discuss the bill and explain why they agree or

disagree with it. Then, a reading clerk reads the bill section by section and the Representatives recommend changes. When all changes have been made, the bill is ready to be voted on.

The Bill Is Voted On Electronic Voting Machine There are three methods for voting on a bill in the U.S. House of Representatives: Viva Voce (voice vote): The Speaker of the House asks the Representatives who support

the bill to say “aye” and those that oppose it say “no.” Division: The Speaker of the House asks those Representatives who support the bill to

stand up and be counted, and then those who oppose the bill to stand up and be counted.

Recorded: Representatives record their vote using the electronic voting system. Representatives can vote yes, no, or present (if they don’t want to vote on the bill).

If a majority of the Representatives say or select yes, the bill passes in the U.S. House of Representatives. The bill is then certified by the Clerk of the House and delivered to the U.S. Senate.


The Bill Is Referred to the Senate When a bill reaches the U.S. Senate, it goes through many of the same steps it went

through in the U.S. House of Representatives. The bill is discussed in a Senate committee and then reported to the Senate floor to be voted on.

Senators vote by voice. Those who support the bill say “yea,” and those who oppose it say “nay.” If a majority of the Senators say “yea,” the bill passes in the U.S. Senate and is ready to go to the President.

The Bill Is Sent to the President When a bill reaches the President, he has three choices. He can: Sign and pass the bill—the bill becomes a law. Refuse to sign, or veto, the bill—the bill is sent back to the U.S. House of

Representatives, along with the President’s reasons for the veto. If the U.S. House of Representatives and the U.S. Senate still believe the bill should become a law, they can hold another vote on the bill. If two-thirds of the Representatives and Senators support the bill, the President’s veto is overridden and the bill becomes a law.

Do nothing (pocket veto)—if Congress is in session, the bill automatically becomes law after 10 days. If Congress is not in session, the bill does not become a law.

The Bill Is a Law If a bill has passed in both the U.S. House of Representatives and the U.S. Senate and

has been approved by the President, or if a presidential veto has been overridden, the bill becomes a law and is enforced by the government.


Brown v. Board of Education of Topeka, (1954), was a landmark decision of the United States Supreme Court that declared state laws establishing separate public schools for black and white students unconstitutional. The decision overturned the Plessy v. Ferguson decision of 1896 which allowed state-sponsored segregation. Handed down on May 17, 1954, the Warren Court's unanimous (9–0) decision stated that "separate educational facilities are inherently unequal." As a result, racial segregation was ruled a violation of the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution. This ruling paved the way for integration and the civil rights movement.

Brown v. Board of Education of Topeka

The separation of powers, proposed by Montesquieu for America, Under this model, the state is divided into three branches, each with separate and independent powers and areas of responsibility so that no branch has more power than the other branches. The normal division of branches is into an executive, a legislature, and a judiciary. For similar reasons, the concept of separation of church and state has been adopted in a number of countries, to varying degrees depending on the applicable legal structures and prevalent views toward the proper role of religion in society, as for instance in the UK.

checks and balances

Preamble We the people of the United States, in order

to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.

constitution preamble

The Declaration of Independence was a statement adopted by the Continental Congress on July 4, 1776, which announced that the thirteen American colonies, then at war with Great Britain, regarded themselves as independent states, and no longer a part of the British Empire. John Adams put forth a resolution earlier in the year which made a formal declaration inevitable. A committee was assembled to draft the formal declaration, to be ready when congress voted on independence. Adams persuaded the committee to select Thomas Jefferson to compose the original draft of the document, which congress would edit to produce the final version. The Declaration was ultimately a formal explanation of why Congress had voted on July 2 to declare independence from Great Britain, more than a year after the outbreak of the American Revolutionary War. The Independence Day of the United States of America is celebrated on July 4, the day Congress approved the wording of the Declaration.

The sources and interpretation of the Declaration have been the subject of much scholarly inquiry. The Declaration justified the independence of the United States by listing colonial grievances against King George III, and by asserting certain natural and legal rights, including a right of revolution. Having served its original purpose in announcing independence, the text of the Declaration was initially ignored after the American Revolution. Since then, it has come to be considered a major statement on human rights, particularly its second sentence:

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.

This has been called "one of the best-known sentences in the English language", containing "the most potent and consequential words in American history.“ The passage came to represent a moral standard to which the United States should strive. This view was notably promoted by Abraham Lincoln, who considered the Declaration to be the foundation of his political philosophy, and argued that the Declaration is a statement of principles through which the United States Constitution should be interpreted.

declaration of independence

Concurrent powers are those powers in nations with a federal system of government that are shared by both the State and the federal government. They may be exercised simultaneously within the same territory and in relation to the same body of citizens. They are contrasted with reserved powers. Examples of the concurrent powers enjoyed by both the federal and State governments are: the power to tax, build roads, establish bankruptcy laws, and create lower courts.

concurrent powers

The Electoral College consists of the electors appointed by each state who formally elect the President and Vice President of the United States. Since 1964, there have been 538 electors in each presidential election. Article II, Section 1, Clause 2 of the Constitution specifies how many electors each state is entitled to have and that each state's legislature decides how its electors are to be chosen. U.S. territories are not represented in the Electoral College. The Electoral College is an example of an indirect election, as opposed to a direct election by Uniteddr States citizens (such as for members of the United States House of Representatives).

The voters of each state, and the District of Columbia, vote for electors to be the authorized constitutional participants in a presidential election. In early U.S. history, some state laws delegated the choice of electors to the state legislature. Electors are free to vote for anyone eligible to be President, but in practice pledge to vote for specific candidates and voters cast ballots for favored presidential and vice presidential candidates by voting for correspondingly pledged electors.

The Twelfth Amendment provides for each elector to cast one vote for President and one vote for Vice President. It also specifies how a President and Vice President are elected. The Twenty-third Amendment specifies how many electors the District of Columbia is entitled to have.

The Electoral College's existence is controversial. A 2001 Gallup article noted that "a majority of Americans have continually expressed support for the notion of an official amendment of the U.S. Constitution that would allow for direct election of the president" since one of the first-ever public polls on the matter in 1944, and Gallup found no significant change in 2004. Critics argue that the Electoral College is archaic, inherently undemocratic and gives certain swing states disproportionate influence in selecting the President and Vice President. Proponents argue that the Electoral College is an important, distinguishing feature of federalism in the United States and that it protects the rights of smaller states. Numerous constitutional amendments have been introduced in the Congress seeking to alter the Electoral College or replace it with a direct popular vote; however, no proposal has ever passed the Congress.

electoral college system (size, function)

Expressed Powers of Congress Article I, Section 8 of Constitution lists 27 expressed powers of Congress Include power to declare war, levy taxes, regulate commerce and currency

The 27 expressed powers of Congress listed in Article I, Section 8 of the Constitution grant the legislative branch a huge amount of authority over American national policy, both foreign and domestic.

The most important powers include the power to tax, to borrow money, to regulate commerce and currency, to declare war, and to raise armies and maintain the navy. These powers give Congress the authority to set policy on the most basic matters of war and peace.

Congress's other expressed powers are wide-ranging, including:The power to establish rules to allow foreign-born immigrants to become citizens of the United States

The power to make rules for bankruptcies The power to punish counterfeiters The power to set up a national post office The power to provide for copyrights and patents to protect the work of inventors and artists The power to organize all federal courts below the Supreme Court The power to punish pirates The power to hire pirates to attack foreign enemies The power to make rules to regulate the conduct of the armed forces The power to call out the militia to defend the country from invasions or insurrections The power to organize and discipline the militia The power to govern the federal capital (Washington, DC) The power to acquire lands from the states for use by the federal government And, last but definitely not least:

The power to "make all Laws which shall be necessary and proper for carrying into Execution the foregoing powers...."

expressed power

Federalism is a political concept in which a group of members are bound together by covenant with a governing representative head. The term "federalism" is also used to describe a system of the government in which sovereignty is constitutionally divided between a central governing authority and constituent political units (like states). Federalism is a system based upon democratic rules and institutions in which the power to govern is shared between national and provincial/state governments, creating what is often called a federation. Proponents are often called federalists.

federalism

The Federalist Papers are a series of 85 articles or essays promoting the ratification of the United States Constitution written by Alexander Hamilton, James Madison, and John Jay. Seventy-seven of the essays were published serially in The Independent Journal and The New York Packet between October 1787 and August 1788. A compilation of these and eight others, called The Federalist; or, The New Constitution, was published in two volumes in 1788 by J. and A. McLean. The series' correct title is The Federalist; the title The Federalist Papers did not emerge until the twentieth century.

The authors of The Federalist wanted both to influence the vote in favor of ratification and to shape future interpretations of the Constitution.

Federalist Papers

Furman v. Georgia, (1972) was a United States Supreme Court decision that ruled on the requirement for a degree of consistency in the application of the death penalty. The case led to a de facto moratorium on capital punishment throughout the United States, which came to an end when Gregg v. Georgia was decided in 1976.

In a 5-4 decision, the Court's one-page opinion held that the imposition of the death penalty in these cases constituted cruel and unusual punishment and violated the Constitution. Each of the justices filed their own concurrence or dissent; none were able to gather more than three other justices to support them. Only Justices Brennan and Marshall believed the death penalty to be unconstitutional in all instances. Other concurrences focused on the arbitrary nature with which death sentences have been imposed, often indicating a racial bias against black defendants. The Court's decision forced states and the national legislature to rethink their statutes for capital offenses to assure that the death penalty would not be administered in a capricious or discriminatory manner.

Furman v. Georgia

In the process of setting electoral districts, gerrymandering is a practice that attempts to establish a political advantage for a particular party or group by manipulating geographic boundaries to create partisan or incumbent-protected districts. The resulting district is known as a gerrymander however, that word can also refer to the process.

gerrymandering

Gideon v. Wainwright, (1963), is a landmark case in United States Supreme Court history. In the case, the Supreme Court unanimously ruled that state courts are required under the Sixth Amendment of the Constitution to provide counsel in criminal cases for defendants who are unable to afford their own attorneys

Gideon v. Wainwright

The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.

The composition and powers of the House are established in Article One of the Constitution. The major power of the House is to pass federal legislation that affects the entire country although its bills must also be passed by the Senate and further agreed to by the President before becoming law (unless both the House and Senate re-pass the legislation with a two-thirds majority in each chamber). Each state receives representation in the House in proportion to its population but is entitled to at least one representative. The most populous state, California, currently has 53 representatives. The total number of voting representatives is fixed by law at 435. Each representative serves for a two-year term. The Speaker of the United States House of Representatives, traditionally the leader of the majority party is the presiding officer of the chamber, elected by the members of the House.

The Constitution grants the House several exclusive powers: the power to initiate revenue bills, to impeach officials, and to elect the President in case of an Electoral College deadlock. The House meets in the south wing of the United States Capitol, with the Senate meeting in the north wing of the same building.

house of representatives (elections, functions)

Implied powers, in the United States, are those powers authorized by a legal document (from the Constitution) which, while not stated, seem to be implied by powers expressly stated. When George Washington asked Alexander Hamilton to defend the constitutionality of the First Bank of the United States against the protests of Thomas Jefferson, James Madison, and Attorney General Edmund Randolph, Hamilton produced what has now become the classic statement for implied powers. Hamilton argued that the sovereign duties of a government implied the right to use means adequate to its ends. Although the United States government was sovereign only as to certain objects, it was impossible to define all the means which it should use, because it was impossible for the founders to anticipate all future exigencies. Hamilton noted that the "general welfare clause" and the "necessary and proper clause" gave elasticity to the constitution. Hamilton won the argument with Washington, who signed his Bank Bill into law.

Later, directly borrowing from Hamilton, Chief Justice John Marshall invoked the implied powers of government in the court decision of McCulloch v. Maryland. This was used to justify the denial of the right of a state to tax a bank, the Second Bank of the United States, using the idea to argue the constitutionality of the United States Congress creating it in 1816.

In the case of the United States government, implied powers are the powers exercised by Congress which are not explicitly given by the constitution itself but necessary and proper to execute the powers which are.

implied power

Inherent powers are those powers that a sovereign state holds. In the United States, the President derives these powers from the loosely worded statements in the Constitution that "the executive Power shall be vested in a President" and that the President should "take Care that the Laws be faithfully executed"; defined through practice rather than through constitutional or statutory law.

inherent power

The term interest group refers to virtually any voluntary association that seeks to publicly promote and create advantages for its cause. It applies to a vast array of diverse organizations. This includes corporations, charitable organizations, civil rights groups, neighborhood associations, professional and trade associations

interest group

Judicial oversight describes an aspect of the separation of powers prescribed by the Constitution of the United States, specifically the process whereby independent courts may review and restrain actions of the administrative and legislative branches. Such oversight is now common in other constitutional democracies.

judicial oversight

Judicial restraint is a theory of judicial interpretation that encourages judges to limit the exercise of their own power. It asserts that judges should hesitate to strike down laws unless they are obviously unconstitutional, though what counts as obviously unconstitutional is itself a matter of some debate.

judicial restraint

Judicial review is the doctrine under which legislative and executive actions are subject to review (and possible invalidation) by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority (such as the terms of a written constitution). Judicial review is an example of the separation of powers in a modern governmental system (where the judiciary is one of three branches of government). This principle is interpreted differently in different jurisdictions, which also have differing views on the different hierarchy of governmental norms. As a result, the procedure and scope of judicial review differs from country to country and state to state.

judicial review

Limited government is a government in which anything more than minimal governmental intervention in personal liberties and the economy is not generally allowed by law, usually in a written constitution. It is written in the United States Constitution. The theory of limited government contrasts, for example, with the idea that government should intervene to promote equality and opportunity through regulation of property and wealth redistribution. This definition is generally assumed by those who identify "limited government" with "small government." The national government is only allowed some powers, not supreme power.

limited government

Lobbying (also lobby) is the act of attempting to influence decisions made by officials in the government, most often legislators or members of regulatory agencies. Lobbying is done by many different types of people and organized groups, including individuals in the private sector, corporations, fellow legislators or government officials, or advocacy groups (interest groups). Lobbyists may be among a legislator's constituents, meaning a voter or bloc of voters within his or her electoral district, or not; they may engage in lobbying as a business, or not. Professional lobbyists are people whose business is trying to influence legislation on behalf of a group or individual who hires them. Individuals and nonprofit organizations can also lobby as an act of volunteering or as a small part of their normal job (for instance, a CEO meeting with a representative about a project important to his/her company, or an activist meeting with his/her legislator in an unpaid capacity). Governments often define and regulate organized group lobbying that has become influential.

The ethics and morality of lobbying are dual-edged. Lobbying is often spoken of with contempt, when the implication is that people with inordinate socioeconomic power are corrupting the law (twisting it away from fairness) in order to serve their own conflict of interest. But another side of lobbying is making sure that others' interests are duly defended against others' corruption, or even simply making sure that minority interests are fairly defended against mere tyranny of the majority. For example, a medical association, or a trade association of health insurance companies, may lobby a legislature in order to counteract the influence of tobacco companies, in which case the lobbying would be viewed by most people as justified (duly defending against others' corruption). The difficulty in drawing objective lines between which lobbyists are "good lobbyists" and which ones are "bad ones" is compounded by the cleverness with which lobbyists or their clients can speciously argue that their own lobbying is of the "good" kind. At heart, the effort to influence legislation is a power struggle. As in other forms of power struggle, such as war or law enforcement, motives range from predation to self-defense to fighting for justice, and the dividing line between predation and justice is subject to rationalization.

lobbying

Mapp v. Ohio, (1961), was a landmark case in criminal procedure, in which the United States Supreme Court decided that evidence obtained in violation of the Fourth Amendment, which protects against "unreasonable searches and seizures," may not be used in state law criminal prosecutions in state courts, as well, as had previously been the law, as in federal criminal law prosecutions in federal courts. The Supreme Court accomplished this by use of a principle known as selective incorporation; in this case this involved the incorporation of the provisions, as construed by the Court, of the Fourth Amendment which are literally applicable only to actions of the federal government into the Fourteenth Amendment due process clause which is literally applicable to actions of the states.

Mapp v. Ohio

Marbury v. Madison, (1803) is a landmark case in United States law which formed the basis for the exercise of judicial review in the United States under Article III of the Constitution. The landmark decision helped define the boundary between the constitutionally separate executive and judicial branches of the American form of government.

The case resulted from a petition to the Supreme Court by William Marbury, who had been appointed by President John Adams as Justice of the Peace in the District of Columbia but whose commission was not subsequently delivered. Marbury petitioned the Supreme Court to force the new Secretary of State James Madison to deliver the documents. The Court, with John Marshall as Chief Justice, found firstly that Madison's refusal to deliver the commission was both illegal and remediable. Nonetheless, the Court stopped short of compelling Madison (by writ of mandamus) to hand over Marbury's commission, instead holding that the provision of the Judiciary Act of 1789 that enabled Marbury to bring his claim to the Supreme Court was itself unconstitutional, since it purported to extend the Court's original jurisdiction beyond that which Article III established. The petition was therefore denied.

Marbury v. Madison

Miranda v. Arizona (1966), was a landmark decision of the United States Supreme Court which passed 5-4. The Court held that both inculpatory and exculpatory statements made in response to interrogation by a defendant in police custody will be admissible at trial only if the prosecution can show that the defendant was informed of the right to consult with an attorney before and during questioning and of the right against self-incrimination prior to questioning by police, and that the defendant not only understood these rights, but voluntarily waived them. This had a significant impact on law enforcement in the United States, by making what became known as the Miranda rights part of routine police procedure to ensure that suspects were informed of their rights. The Supreme Court decided Miranda with three other consolidated cases: Westover v. United States, Vignera v. New York, and California v. Stewart.

The Miranda warning (often abbreviated to "Miranda," or "Mirandizing" a suspect) is the name of the formal warning that is required to be given by police in the United States to criminal suspects in police custody (or in a custodial situation) before they are interrogated, in accordance with the Miranda ruling. Its purpose is to ensure the accused is aware of, and reminded of, these rights under the U.S. Constitution, and that they know they can invoke them at any time during the interview.

As of the U.S. Supreme Court decision Berghuis v. Thompkins (June 1, 2010), criminal suspects who are aware of their right to silence and to an attorney, but choose not to "unambiguously" invoke them, may find any subsequent voluntary statements treated as an implied waiver of their rights, and which may be used in evidence.

Miranda v. Arizona

National Security Council The National Security Council (NSC) is the President's principal forum for considering

national security and foreign policy matters with his senior national security advisors and cabinet officials. Since its inception under President Truman, the Council's function has been to advise and assist the President on national security and foreign policies. The Council also serves as the President's principal arm for coordinating these policies among various government agencies.

The NSC is chaired by the President. Its regular attendees (both statutory and non-statutory) are the Vice President, the Secretary of State, the Secretary of the Treasury, the Secretary of Defense, and the Assistant to the President for National Security Affairs. The Chairman of the Joint Chiefs of Staff is the statutory military advisor to the Council, and the Director of National Intelligence is the intelligence advisor. The Chief of Staff to the President, Counsel to the President, and the Assistant to the President for Economic Policy are invited to attend any NSC meeting. The Attorney General and the Director of the Office of Management and Budget are invited to attend meetings pertaining to their responsibilities. The heads of other executive departments and agencies, as well as other senior officials, are invited to attend meetings of the NSC when appropriate.

The National Security Council was established by the National Security Act of 1947, amended by the National Security Act Amendments of 1949. Later in 1949, as part of the Reorganization Plan, the Council was placed in the Executive Office of the President.

National Security Council

The original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a court has the power to review a lower court's decision.

original jurisdiction

Locke: Believed in Natural Rights. Life, Liberty, Property and the fact that a government cannot violate those rights

Rousseau: Believed that the government and the people entered a contract with each other and when the government stopped working for the people it can be violated.

Montesquieu: Introduced separation of powers: Judicial, Legislative, and Executive

philosophers

A political party is a political organization that typically seeks to influence government policy, usually by nominating their own candidates and trying to seat them in political office. Parties participate in electoral campaigns and educational outreach or protest actions. Parties often espouse an expressed ideology or vision bolstered by a written platform with specific goals, forming a coalition among disparate interests.

political parties

A deliberative poll measures what the public would think about an issue if they had an adequate chance to reflect on the questions at hand. Deliberative polling observes the evolution of the views of a citizen test group as they learn more about a topic and is more statistically representative than many other approaches due to its large scale.

polling (types: deliberative, exit, straw, public opinion)

An election exit poll is a poll of voters taken immediately after they have exited the polling stations. Unlike an opinion poll, which asks whom the voter plans to vote for or some similar formulation, an exit poll asks whom the voter actually voted for. A similar poll conducted before actual voters have voted is called an entrance poll. Pollsters – usually private companies working for newspapers or broadcasters – conduct exit polls to gain an early indication as to how an election has turned out, as in many elections the actual result may take hours or even days to count.


A straw poll or straw vote is a vote with nonbinding results. Straw polls provide dialogue among movements within large groups. In meetings subject to rules of order, impromptu straw polls often are taken to see if there is enough support for an idea to devote more meeting time to it, and (when not a secret ballot) for the attendees to see who is on which side of a question. Among political bodies, straw polls often are scheduled for events at which many people interested in the polling question can be expected to vote. Sometimes polls conducted without ordinary voting controls in place (i.e., on an honor system, such as in online polls) are also called "straw polls".


An opinion poll, sometimes simply referred to as a poll, is a survey of public opinion from a particular sample. Opinion polls are usually designed to represent the opinions of a population by conducting a series of questions and then extrapolating generalities in ratio or within confidence intervals.


Popular sovereignty or the sovereignty of the people is the principle that the legitimacy of the state is created and sustained by the will or consent of its people, who are the source of all political power. It is closely associated with Republicanism and the social contract philosophers, among whom are Thomas Hobbes, John Locke and Jean-Jacques Rousseau

Popular sovereignty

The Cabinet The tradition of the Cabinet dates back to the beginnings

of the Presidency itself. Established in Article II, Section 2, of the Constitution, the Cabinet's role is to advise the President on any subject he may require relating to the duties of each member's respective office.

The Cabinet includes the Vice President and the heads of 15 executive departments — the Secretaries of Agriculture, Commerce, Defense, Education, Energy, Health and Human Services, Homeland Security, Housing and Urban Development, Interior, Labor, State, Transportation, Treasury, and Veterans Affairs, as well as the Attorney General.

president's cabinet

Public opinion is the aggregate of individual attitudes or beliefs held by the adult population. Public opinion can also be defined as the complex collection of opinions of many different people and the sum of all their views.

The principle approaches to the study of public opinion may be divided into 4 categories:

quantitative measurement of opinion distributions; investigation of the internal relationships among the

individual opinions that make up public opinion on an issue; description or analysis of the public role of public opinion; study both of the communication media that disseminate

the ideas on which opinions are based and of the uses that propagandists and other manipulators make of these media.

public opinion

Shelley v. Kraemer, (1948), is a United States Supreme Court case which held that courts could not enforce racial covenants on real estate.

Shelley v. Kramer

Smith v. Allwright , (1944), was a very important decision of the United States Supreme Court with regard to voting rights and, by extension, racial desegregation. It overturned the Democratic Party's use of all-white primaries in Texas, and other states where the party used the rule.

Smith v. Allwright

A two-party system is a system where two major political parties dominate voting in nearly all elections at every level of government and, as a result, all or nearly all elected offices are members of one of the two major parties. Under a two-party system, one of the two parties typically holds a majority in the legislature and is usually referred to as the majority party while the other is the minority party. While the term two-party system is somewhat imprecise and has been used in different countries to mean different things, there is considerable agreement that a system is considered to be of a two-party nature when election results show consistently that all or nearly all elected officials belong to only one of the two major parties, such as in the United States. In these cases, the chances for third party candidates winning election to any office are remote, although it's possible for groups within the larger parties, or in opposition to one or both of them, to exert influence on the two major parties.

two party system

All legislation passed by both houses of Congress must be presented to the President. This presentation is in the President's capacity as Head of State.

If the President approves of the legislation, he signs it into law. According to Article 1. Section 7 of the Constitution, when the president chooses, if he does not approve, he must return the bill, unsigned, within ten days, excluding Sundays, to the house of the United States Congress in which it originated, while the Congress is in session. The President is constitutionally required to state his objections to the legislation in writing, and the Congress is constitutionally required to consider them, and to reconsider the legislation. This action, in effect, is a veto.

If the Congress overrides the veto by a two-thirds majority in each house, it becomes law without the President's signature. Otherwise, the bill fails to become law unless it is presented to the President again and he chooses to sign it.

A bill can also become law without the President's signature if, after it is presented to him, he simply fails to sign it within the ten days noted. If there are fewer than ten days left in the session before Congress adjourns, and if Congress does so adjourn before the ten days have expired in which the President might sign the bill, then the bill fails to become law. This procedure, when used as a formal device, is called a pocket veto.

veto

For a variety of reasons, the likelihood of persons registering and voting is different among various racial, ethnic and socioeconomic groups. One of the unfortunate consequences of the varying rates is that select population groups in our country are under-represented while other groups tend to be over-represented. Thus, a baseline understanding of how various population groups are registered and vote can be key to executing a quality voter engagement effort.

voting demographics

The War Powers Resolution of 1973 (1541-1548) is a federal law intended to check the President's power to commit the United States to an armed conflict without the consent of Congress. The resolution was adopted in the form of a United States Congress joint resolution; this provides that the President can send U.S. armed forces into action abroad only by authorization of Congress or in case of "a national emergency created by attack upon the United States, its territories or possessions, or its armed forces."

war powers resolution of 1973

semester district final. the authority to amend the constitution of the united states is derived...

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