IPLE 1 Honors- Midterm Neil Bhide Terms to Know - Virginia Plan- bicameral house legislature where there is proportional

representation. The lower house is elected by the people and the senate is chosen by the lower house. The legislative branch chose the Executive and judicial branches. The legislative branch has the power to strike down states laws and deny states sovereignty - New Jersey Plan- unicameral house legislature, with equal representation. Executive is a group of people. Judicial branch is chosen by the executive - Great Compromise/Connecticut Plan- proportional representation in the lower house; equal representation in the upper house; bicameral legislature. Each slave is 3/5 of a person; and the slaves is 3/5 person for tax purposes too. 1808; revisit the issue of slavery because the South needs time to prepare for changes and to stop the slave trade - Faction- a group that seeks to promote its won special interests at the expense of the common good - Northwest Ordinances of 1787- banned all slavery in Ohio, Indiana, Michigan, Illinois, Wisconsin; one success of the Articles of Confederation - Amendment I- Free Religion, Speech, Press, Assemble, Petition - Amendment II- Keep and bear arms - Amendment III- No quartering of troops - Amendment IV- No unreasonable searches/seizure without a Warrant - Amendment V- life, liberty, property without due process of law - Amendment VI- Speedy and public trial - Amendment VII- trial by jury - Amendment VII- No cruel and unusual punishments - Amendment IX- rights of the people that are not specifically mentioned in the constitution - Amendment X- Powers not given to the Federal government are given to the states/people - Amendment XI- state sovereignty immunity - Amendment XII- process for electing president and vice president; inauguration March 4 - Amendment XIII- Bans slavery - Amendment XIV- If you are born in the US; you are a citizen of the US; due process of law; separate but equal clause

IPLE 1 Honors- Midterm Neil Bhide - Amendment XV- No can be denied voting based on race, color - Amendment XVI- congress can collect income tax - Amendment XVII- Direct election of Senators; the State appoints a person to fill the vacancy - Amendment XVIII- No more alcohol; - Amendment XIX- Women can VOTE! - Amendment XX- Change of inauguration day to January 20 at Noon - Amendment XXI- Alcohol is allowed ;) - Amendment XXII- 2 Term or 10 year Presidential limit - Amendment XXIII- The total electors for states is Congress + House of Representatives + District of Colombia - Amendment XXIV- no poll tax - Amendment XXV- If president dies; vice president; then speaker of the house - Amendment XXVI- if you are 18+ you can vote - Amendment XXVII- You cannot lower the income of Senators or Representatives - Constitutional Government- a government based on a constitution - Higher Law- the superiority of one set of laws over another; The US law is higher than states law -Popular Sovereignty- the natural rights concept that ultimate political authority rests with the people - Legislative Supremacy- a system of government in which the legislative branch has the most power - Judicial Review- the power of the courts to declare laws and actions of the local, states, or national government invalid if the courts decide they are unconstitutional - Articles of Confederation- the compact made among the thirteen original American states to form the basis of their government; adopted by Congress in 1781 and replaced by the Constitution in 1788 - The Federalist- A series of essays in 1787-1788 and collected in a book by Alexander Hamilton, James Madison, and John Jay, urging the adoption of the US Constitution and supporting the need for a strong national government

IPLE 1 Honors- Midterm Neil Bhide - Proportional/Equal Representation- The smaller states wanted equal representation in the legislature because they were afraid of larger states would dominate - Habeas Corpus- a court order directing that prisoners be brought to court and to show cause for his or her detention. - Supremacy Clause- Article VI, Section II of the US constitution, which states that the Constitution, laws passed by Congress, and treaties of the United States shall be the supreme law of the land, binding on the states - Necessary and Proper Clause- in Article I Section VIII; gives Congress the power to make all laws that are necessary and proper to carry out the powers expressly delegated too it by the Constitution (ex. Alexander Hamilton made a national bank) - Initiative- in which any citizen or organization may gather a predetermined number of signatures to qualify a measure for the ballot - Referendum- in which a predetermined number of signatures qualified a ballot measures repealing a specific act of the legislature - Recall- a procedure by which voters can remove an elected official from official from office through a direct vote - Rule of Law- a legal maxim that states no person is immune to law - Natural Rights- the doctoring of natural rights assumes that human beings had rights in a state of nature and create government in order to protect those rights - Divine Right- a person has complete power by birth - Classical Republicanism- a theory that holds that the best kind of government is one that promotes the common welfare instead of the interests of one the classes of citizens. The Roman Republic was thought by the Founders to be one of the best examples of a society living under this theory of the government - Separation of Powers- The powers of the government are separated, no one branch of government has more power over the other - Checks and Balances- Different branches of government can check up on other branches. For example; the house + senate can pass a bill the president can veto it the house + senate can pass it if it is a 2/3 majority for it the judicial branch can declare it unconstitutional - Social Contract- The agreement among all people in a society to give up part of their freedom to a government in return for the protection of their natural rights by that government - Magna Carta- The Great Charter of freedom granted in 1215 by King John of England by demand of his barons. The Magna Carta contained such ideas as a trial by jury of ones peers and the guarantee against loss of life, liberty, property, except in accordance with the law

IPLE 1 Honors- Midterm Neil Bhide - Petition of Rights- (1628) a formal acknowledgement that limited English monarchs power to tax people without the consent of Parliament and which also guaranteed English subjects certain fundamental rights - English Bill of Rights- An act passed by Parliament in 16889 which limited the power of the monarch. This document established Parliament as the most powerful branch of the English government - Common Law- the body of unwritten law developed in England from judicial decisions based on custom and earlier judicial decisions which constitutes the basis of the English legal system and became part of American law - Massachusetts Body of Liberties- (1641) A document that described the rights of citizens and the authority of public officials - Declaration of Independence- Written by Thomas Jefferson; based on the ideas of John Locke; life, liberty, and pursuit of happiness

Philosophers ideas
Aristotle - 384-322 BC - Formed the Lyceum - Moderation in everything - Male by nature is superior to women - Wrote Politics- which examined all forms of government; assessment of what government is going to be; no one government is the best government - Reason is the highest good - Human nature is nearer to the beast than to the god, the great majority of men are natural dunces and sluggards - Listen to utopias and are easily undivided to believe thateveryone become someone elses friend - Political science does not make man, but must take them as they come from nature - Citizenship: one function is to participate activity in the exercise of authority. The number of people competent to share this activity is limited - Democracy is inferior to Aristocracy - Aristocracy- government run my small, elite group entitled to leadership because of family, social class, virtue or superior ability; using power is hereditary (EX: ancient Sparta + ancient Rome) - The number of people competent to share citizen functions is limited - Political society exists for the sake of noble action - What they need is a combination of democracy + aristocracy - Strength of the government from number, property, military, politics; take of freedom, wealth, culture, and noble birth - The most successful state is run by a large middle class whose members possess moderate and adequate property Plato - 426-347 BC - Pupil of Socrates

IPLE 1 Honors- Midterm Neil Bhide - Wrote The Republic - The problem of political philosophy is to devise a method of barring incompetence from public office, and of selecting and preparing the best rule for the common good - People are not properly equipped by education to select the best/wisest rulers view on democracy - Mob rule is a rough sea for the ship of the states to ride; every wind of oratory stirs up the waters and defects the coarse people are swayed by a good speaker - Democracy produces poor leaders/government - Average citizens cannot be trusted to think clearly and vote wisely - The upshot of democracy is tyranny or autocracy; the crowd so loves flatterythe most unscrupulous flatterer, calling himself the protector of the people rises to supreme power - Ruin comes when the trader whose heart is lifted by wealth becomes ruler or when the general uses his army to establish a military dictatorship - People cant live in harmony because they are ambitious, competitive, jealous which leads to corruption - any ordinary city is in fact two cities; one of the cities of the poor, the other of the rich each at war with each other - Create a class of Guardians Philosopher King - There will be no end to the troubles of states or of humanity itself, till philosophers become king in this world, or those we now call king and rulers really and truly become philosophers - He justifies authoritarian states - Women are equal to men Zeno the Stoic - All men because they share in the ability to reason in different degrees are equal Machiavelli - Renaissance; Florence, Italy - Wrote The Prince- handbook for rulers who often fall into unstable conditions - Ruler must be realistic to stay in power - Politics is a jungle- act with strength of a lion and the sunning of a fox - Humans are corrupt, more likely to be driven by self interest than loyalty or patriotism - power is the reward of ruthlessness, ferocity, and cunning - It is better to be miserly than generous - better to be feared or loved - stay in power what ever way you can Hobbes - 1588-1679 - negatively impacted by the English Civil War - Held despairing view of the human condition; people are dreadful, passionate, competitive, distrustful, seeking glory - State of Nature- state of war, no one is safe, fear - Fear and I are born together - Man has natural right to self preservation and freedom - Mans instincts can bring harm and destructive reason, not natural impulse, leads men to form society - Man needs a government to survive - wrote Leviathan - Sovereignty must be undivided; absolute monarchy

IPLE 1 Honors- Midterm Neil Bhide - Religious institutions should be allowed; religion was a major source of problem in Europe - Men are competitive; not cooperative; tend to war, not create peace - All men are equally vulnerable - Our freedom must be surrendered to a sovereign and all society must comply to achieve peace and safety social contract - the best ruler is the one who is able to enforce the law; absolute Monarchy Locke - Puritan - friends with William + Mary king + queen at the time - Wrote An essay on Human understanding - Wrote Two Treatises on Government - Glorious Revolution= peaceful transition; cooperation with Parliament - respond to diving right absolute monarchy - not all power to one person Believed man is in a state of nature, might have a problem maintaining rights of life, liberty, property - Societies are formed to defend everyones natural rights (unalienable) - Natural rights philosopher - In state of nature lacking: known law, indifferent judge, some power - State of war exists when force is used without the right to use it - state of nature might sometimes look like a state of war, but it is not all the ugliness filled with people who hate each other, most people are good - Remedy is a civil government - Ideal Government protects basic/natural rights to life liberty, and property. Government should be limited. Social contract that we enter together, that everyone gives up some liberty to gain protection. No absolute monarchy. Government rules by the consent of the governed. If the king violates natural rights of the people, the people have the right to withdraw consent - Sovereignty was a contact and the people could revoke the contract if the king betrayed the trust of the people - People can get a another ruler - no right to overthrow a just government - Practical politics is a form of estate management which only the owners of property are likely to understand - Purpose of forming government is the preservation of property - Property owners have a unique interest in a government that protects their property - A government that redistributes property violates the natural rights of the people - ONLY property owners should vote Alexis de Tocqueville - Democracy of America - Are we in a perpetual state of childhood? - Do we have tyranny of the majority? - Democracy- Government in which the people hold the power to govern - Direct Democracy- Government in which the people rule directly through meetings that all may attend (ex. Ancient Greece, medieval Switzerland) - Representative Democracy- government in which people rule indirectly through elected representatives; may take presidential or parliamentary forms (ex. United States, Canada, Israel)

IPLE 1 Honors- Midterm Neil Bhide - Dictatorship- government headed by one person or a group; ruler(s) hold(s) total power with no responsibility to the people -Individual dictatorship: (ex. Fidel Castro in Cuba, A. Hitler in Germany) -Party Dictatorship: (ex. Peoples Republic of China) - Monarchy- government headed by a single leader- a king or a queen, an emperor or empress; usually the title is hereditary - Absolute Monarchy- government in which the monarch is free to rule as he or she sees it fit (ex. Saudi Arabia) - Constitutional Monarchy- government in which the monarchs powers are limited by a written agreement with the people (ex. Great Britain, Denmark, Sweden) - Oligarchy- government run by a small group; power based on wealth, military strength, or social position; usually power is hereditary (ex. Greek city-states, Renaissance Venice, Pilgrims of Plymouth Colony)

Constitutional Convention
In Attendance George Washington- President; from Virginia; one of the reason many states decided to even show up the convention James Madison- Father of the Constitution; took lots of notes Benjamin Franklin- representative from Pennsylvania; oldest person there, wisest Gouvernor Morris- did most of the writing for the constitution James Madison, John Jay, Alexander Hamilton- Publius; wrote federalist papers, all arguments for the constitution Missing John Adams- Ambassador to Great Britain Thomas Jefferson- Ambassador to France; glad he wasnt there Patrick Henry- a new constitution is not what is supposed to happen John Jay- Secretary of Foreign Affairs Thomas Paine- in Paris with Jefferson Rhode Island- Missing

The constitution
House of Representatives Qualifications: - 7 or more years as a US citizen - 25 years or older - Has to live in the district which it is representing - 2 Year term - Congressional districts- cant draw lines based on political affiliation - Committees are proportional to the % of Democrats and Republicans in the House - Speaker of the House: John Boehner - House Majority: Eric Cantor Senate Qualifications: - 9 or more years as a US Citizen - 30 years or older

IPLE 1 Honors- Midterm Neil Bhide - Has to live in the state representing - 6 year term - 1/3 is up for election at a time - President of the Senate: Joe Bidden - President Protempera: Daniel Inouye - Majority Leader: Harry Reid - Minority Leader: Mitch McConnell Article I Most important - Legislative Branch - One house cant adjourn without the other - Special Sessions- only president can call these - Legislative immunity- immune from prosecution, not immune from treason, felony, breeches of peace. WHY? So the voting process is not hampered - Standing Committees- always there (ex. Arm Services) - Select Committees- investigate a particular thing (ex. Watergate) - Joint Committees- representatives from both houses meet - Conference Committees- form to merge two bills from the House and the Senate - Chairmanship is based on seniority for each committee - Compensations to: do many things - Article I, Section VIII- lists the 18 innumerated powers Article II: Executive Branch Short and vague; knew they would argue President Qualifications: - 35 years or older - US native born; or in the US at the time of the writing of the Constitution - 14 years or more residence in the US - 4 year term limit - no term limit - 22nd amendment changed that - 12th amendment- inauguration; march 4 - 20th amendment- inauguration; Jan 20 at noon - 25th amendment- if president dies; Vice president gets power; also if US president cant perform duties; he can step down; but can step up after some time Checks on President - Senate approves president appointments - Treaties approved by Senate - Congress declares war; president sends troops - veto power - If president doesnt sign/reject a bill in 10 days; it become law - Impeachment is the bringing up of formal charges - House determines if he is up for trial - Senate holds the trial; the Judge is the Chief Justice Article III- Judicial Branch - President appoints the justices; Senate approves them - Always hold power; salaries cant be reduced; cant be fired - Judges hold office for life - Which cases can go to the court

IPLE 1 Honors- Midterm Neil Bhide - Jurisdiction- what they have the right to hear - Original Jurisdiction- disputes between states, cases with foreign ambassadors, involving state government, maritime situations - Pallet Jurisdiction- comes up from appeals (ex. Brown v. Board of Ed, Miranda v. Arizona, and Plessey v. Ferguson) - Judicial Review not mentioned Article IV Guarantee Clause- national government to protect states from invasion and domestic violence Article V process for amending the Constitution Article VI Supremacy Clause- law of congress is the law of the land Article VII How the constitution will be ratified Articles of Confederation Fears of the designer - War + peace treaties - Strong central government - How much money and troops to send - Some states are more powerful than - Weights and measures others - Postal Service Solutions? Problems - weak central power - Cant propose taxes- loans to be paid - states elect and pay their representatives - No control over citizen - 2/3 states agree; passes - Can force states to send troops Powers under the Articles: - Could Not enforce decisions - Settle disputes Leading to the Constitution - Shays Rebellion - Annapolis Convention - no national government to help - 5/13 states showed up Massachusetts _________________________________________________________________________________ Voting in the Colonial period excluded - White males without property - Members of certain religious groups - Free black slaves; in NJ blacks could vote until 1807 - Native Americans - Women; in NJ women could vote until 1807 Federal Guidelines - voting rights left to the states Early state Limits - Gender (NJ until 1807), race (NJ until 1807), property (NJ until 1844) - 15th Amendment - Problems: poll taxes, literacy tests, grandfather clause, violence/intimidation Still Evolving - Voting Rights Act of 1965- end the use of the literacy tests and authorized federal examiners to oversee voter registration

IPLE 1 Honors- Midterm Neil Bhide - Voting Rights Act of 1970- lowered the voting age to 18 - 26th Amendment National Standards - 18+ can vote - No literacy tests - Residency requirement: over 30 days - Ballots in foreign languages - Citizenship tests - Protection in suspect areas Why people arent voting - Registration - Ignorance of issues - Apathy - Distrust of system - Lack of time - My vote does not count Seniors Vote - Have the time - AARP- American Association of Retired People - Motivating issues: pensions, healthcare, Medicare, social security Development of the British Government Early Contributions - William the Conqueror- won land in England; subdivided lands to nobles; census, property taxes, jury - Henry I- taxes, professional army, scootage occurred (pay not to fight) - Henry II- circuit courts (uniform judging), common law (applied all across the land) Magna Carta- rule of law; both of the government and the governed - Social contract- feudal relationship acknowledging own responsibilities - Barons takes care of the peasants; King takes care of Barons - Taxation: King cant raise scootage - Habeas Corpus- right to a quick and speedy trial - Due process of law; trial by jury English Constitution - Common Law - Magna Carta - Petition of Rights - English Bill of Rights Power of the Purse- Parliament can control taxes; Parliament: House of Lords (clergy) + House of Commons (better off non nobles) James I + Charles I - Political issues Makes arbitrary decisions - Religious issues believe in one religion; pushes all people to be Anglican; get rid of Puritans

IPLE 1 Honors- Midterm Neil Bhide - Money spend a lot of state money Petition of Right 1628: - No taxation without Parliament - No imprisonment without cause - No quartering of troops during peace time

Court Cases on the study guide

Furman v. Georgia - Violated the cruel + unusual punishment because it was given arbitrarily Barron v. Baltimore - The case was particularly important in terms of American government because it stated that the freedoms guaranteed by the Bill of Rights did not restrict the state governments. McKleskey v. Kemp - had to prove that there was direct racism in the case Marbury v. Madison - Adams had positions approved by Congress. Jefferson told Madison not to deliver the commissions for their posts; went to the Supreme Court; Court ruled that it was not appealed, so therefore they could not rule on it Gregg v. Georgia - Restoration of the death penalty

Campaign Finance Reform- Video Outline

Soft Money- unregulated cash that does not go to an individual, but to the political party - causes 3rd parties to have less money, so it is harder for them to win office, even if they have good, if not better ideas - Candidate can spend as much money as they want on a campaign Hard Money- regulated by law; $1000 to a candidate - Congress wont change it because the Senators/Representatives benefit from the system

Lesson 27
Franchise- a reform lead in Rhode Island in an armed attack on the state capitol Suffrage- the right to vote Referenda- use our own votes to make laws Poll Tax- voters in Southern states were required to pay taxes before voting. The Supreme Court declared the levying of a poll tax to be unconstitutional in Harper v. Virginia State Board of Education Literacy Test- a suffrage qualification used to determine fitness for voting by means of a reading or understanding test. The use of literacy test to discriminate against prospective voters caused Congress to suspend their use in the Voting Rights Act Grandfather Clause- laws passed by Southern states to prevent African Americans from voting by requiring that a voters grandfather voted in the past

Lesson 35+36+37
Civic Values- the purpose of the government and what we expect them to achieve Civic Principals- the principals of government that shows the citizens civic value Civic Skills- realize civic values and makes principals work Civic Dispositions- decency/integrity to constitution + democracy ________________________________________________________________________________

Lesson 1,2,3

Civic Virtue- one who set aside personal interest to promote the common good, Public Spiritedness

IPLE 1 Honors- Midterm Neil Bhide Classical Republicanism- believed that a republican government would only work in a small community because people know and care for each other as well as the common good. Alsom people will be alike, so there is no great diversity

Puritan Revolution Worksheet

- Divine Right - People are the real rulers - After the Puritan Revolution, a parliamentary democracy is created

Lessons 5,6,7
Charter- a written document from a government or ruler which grants certain rights to an individual, a group, an organization, or the people in general Contracts- a agreement during feudalistic times between the lords and vassals Mayflower Compact- An agreement signed in 1620 by all adult males aboard the ship Mayflower, before landing in Plymouth, to form a body politic governed by majority rule Fundamental Orders of Connecticut- adopted in 1639, this series of laws is the first written constitution in North America Massachusetts Body of Liberties- a document that described the rights of citizens and the authority of public officials Established Religion- an official, state sponsored religion English Bill of Rights Protects: - Trial by Jury - Prohibition of cruel + unusual punishments - Right to petition the government - Bear arms only to Protestants Does not Protect: - Freedom of press - Freedom of speech - The Idea of direct election was rejected by the framers of the constitution because the framers of the constitution feared that without sufficient information about candidates outside of their states, people would vote for their favorite son from their son. Therefore, no president would have a significant popular majority. At best, the president would come from a populous area - The election of 1800 demonstrated the flaws of the Electoral College system. The electors of the Democratic-Republican Party gave Thomas Jefferson and Aaron Burr, both of the same party, equal number of Electoral College. The tie was resolved by the House of Representatives in Jeffersons favor, but after 36 tries and political dealing. This bargaining was what the Constitutional Framers were trying to avoid. - Because of the election of 1800, the twelfth amendment was adopted. This amendment states that each elector casts one vote for president and a separate vote for vice president. This amendment states that if no one receives an absolute majority of electoral votes for president, then the United States House of Representatives will select the president from among the top three contenders with each state casting only one vote and an absolute majority must be present. This amendment states that if no one receives an absolute majority of electoral votes for vice president, then the United States House of Representatives will select the vice president from among the top two contenders with each state casting only one vote and an absolute majority must be present. This amendment states that each elector must have one vote from a candidate from another state; either vice president or president. - The weird part about the election of 1824 was the fact that there was no majority from the four people running, Jackson, Adams, Crawford, Clay. Even though Jackson received the

IPLE 1 Honors- Midterm Neil Bhide popular vote in the election, when it went to the House of Representatives, Adams won with a slight majority. This was the first time a president who had the popular vote lost but six of the twenty four States at the time still chose their Electors in the State legislature Judiciary Act of 1789- established two kinds of federal courts below the Supreme Court. The first kind is federal district court which is the courts responsible for the first hearing/trial of many cases including constitution, federal law, disputes between citizens of different states. The second kind of court is circuit courts which serious crimes are charged in. These courts would also hear appeals from the district courts & review their cases for errors of the law Federal district Court- courts responsible for the first heaving/trial or many cases involving the constitution, federal law, disputes between different citizen of different states Circuit Court- serious crimes are charged Circuit Courts of Appeals- a circuit court of appeals are composed of a district judge, and a justice of the Supreme Court

Fed/AntiFed
- Republican government would work best in a small community of citizens with similar interests and beliefs because in small communities it would be easier for people to agree on what was in their common interest - George Mason, Elbridge Gerry, Richard Henry Lee, Patrick Henry, Mercy Otis Warren - TOO much power given to the Senate

Federal Courts
- Judicial branch is least powerful; only checks on the legislative branch - Litmus tests- test of ideological parties - Civil Law- the body of rules defining relationship between private citizens - Criminal Law- is the bossy of rules defining offences that are considered to be offenses against society and warrant punishment - Writ of Certiorari- court considers all petitions to review - Opinion of the Court- reflects the majorities views - Concurring Opinion- opinion by one more justices who agree with the majorities conclusion but for different reasons - Dissenting Opinion- The opinion of the justices on the loosing sides Robinson v. California- 8th amendment incorporated to states Herrera v. Kemp- cant get new hearing Atkins v. Virginia- mentally deficient cant get death penalty Roper v. Simmons- minors dont get death penalty Gilmore: first person killed after reinstitution Bower: Blacks commit more capitol crimes Marshell+Brennan: death penalty is unconstitutional Sister Prejean: Deadman Walking Pennsylvania first state to establish first and second degrees in homicide New York eliminated public executions New York first to use electric chair Michigan first to abolish capital punishment except for treason Nevada first to use lethal gas Oklahoma first to use lethal injection