WGU C963 American politics and US Constitution, Top Examinable sections covered, Easy mastery of the questions and answer. Rated A.

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WGU C963 American politics and US Constitution, Top Examinable sections covered, Easy mastery of the questions and answer. Rated A. Social Contract - ✔✔-An agreement between people and gove... rnment in which citizens consent to being governed so long as the government protects their natural rights. Natural Rights - ✔✔-the idea that all humans are born with rights, which include the right to life, liberty, and property State of Nature - ✔✔-A theory on how people might have lived before societies came into existence. is a condition in which all of us live individually and solitarily, prior to the existence of society. We are physically and mentally capable of achieving our own survival. Montesquieu (1689-1755) - ✔✔-contribution in The Spirit of the Laws (1748) regards the structure of political institutions. He argues for a separation of powers: legislative, executive, and judicial. Each will serve as a check on the power of the other, limiting the harm each might do. separates power to offset the power of different social interests: ordinary people, the aristocracy, and the monarch. Thomas Hobbes (1588-1679): - ✔✔-One of the first individuals to contribute to the idea of the social contract was a pre-Enlightenment English philosopher. Hobbes argues that society is not something natural and immutable, but rather it is something created by us. We do this to resolve problems we collectively face, to make our lives better. State of Nature: it's "a war of all against all." Basically, the state of nature is a pretty nasty place where lives are perpetually insecure. John Locke (1632-1704) - ✔✔-we are autonomous individuals, capable of using reason, and are driven to advance our personal interests. Our primary interest is survival, which we want to make secure and comfortable. To achieve this security and comfort, we acquire property. Two Treatises of Government, disagrees, saying the state of nature is a relatively decent place. All its inhabitants are rational people, mindful of the basic law of nature to not harm another, and people will get along okay. But our relationship in the state of nature is "inconvenient," implying an incentive for us to devise a better, more convenient arrangement. Jean-Jacques Rousseau (1712-1778) - ✔✔-A French man who believed that humans are naturally good and free and can rely on their instincts. He also advocated a democracy because he believed the government should exist to protect common good. Like other Enlightenment thinkers, he was passionately committed to individual freedom, but he attacked rationalism and civilization as destroying, rather than liberating, the individual. He also called for a rigid division of gender roles, believing women should be subordinate in social life. His ideals greatly influenced the early romantic movement, which rebelled against the culture of the Enlightenment in the late eighteenth century. Rousseau was both one of the most influential voices of the Enlightenment and, in his rejection of rationalism and social discourse, a harbinger of reaction against Enlightenment ideas. Constitution is influenced by the Enlightenment - ✔✔-(Separation of powers) embodies Montesquieu's principles by separating the legislative, executive, and judicial power, placing each into the hands of different political actors. Bill of Rights influenced by Enlightenment - ✔✔-· The First Amendment gives us a definitive declaration for the protection of natural rights. Protections of individual conscience as well as protections for democratic participation (John Lock ideology). · The Second Amendment, which also embodies Lockean ideas, permits the possession of arms for the "security of a free State."14 In this Amendment, the right to rebellion is established. · Due process says all citizens are subject to fair and equitable treatment. · The Fourth - Eighth Amendments serve to both limit the power government has over us and lay out procedures which must be followed when dealing with us. · The Ninth Amendment makes it clear that the list of rights protected in the first eight Amendments is not exhaustive and that we, the people, can assert additional natural rights when we see fit (at least in theory.) · The Tenth Amendment makes clear that powers not specifically granted to the federal government are retained by the states and the people (these last two are Lockean ideals) Declaration of Independence influenced by Enlightenment - ✔✔-Locke maintains that society is a rational but voluntary expression. Government, which serves to regulate the terms of the social contact on which society is created, serves to protect our natural rights and serve as a democratic conduit for our interests. Most important of our natural rights are liberty and property. National Government under the Articles of Confederation - ✔✔-unicameral congress, or one chamber known as the Confederation Congress. no executive or judicial branch. Functions in order to make sure that the national government did not have too much power and that the power of the states remained protected. had the authority to exchange ambassadors and make treaties with foreign governments and Indian tribes, declare war, coin currency and borrow money, and settle disputes between states. Each state legislature appointed delegates to the Congress; these men could be recalled at any time. Regardless of its size or the number of delegates it chose to send, each state would have only one vote. Delegates could serve for no more than three consecutive years, lest a class of elite professional politicians develop. The nation would have no independent chief executive or judiciary. Nine votes were required before the central government could act, and the Articles of Confederation could be changed only by unanimous approval of all 13 states. Powers under the Articles of Confederation (national government): - ✔✔-The Power to Borrow and Coin Money The Power to Declare War The Power to Make Treaties and Alliances with Other Nations The Power to Regulate Trade with the Native Americans The Power to Settle Disputes among Other States The Power to Borrow and Coin Money (National Government) - ✔✔-The national government could make the currency of the United States, known as Continental currency. It could also borrow money from other nations to cover the country's debts that remained from fighting during the American Revolution. This power to borrow and coin money was limited, as the national government had to rely on the states for enough money to cover debts and back any loans taken from other countries. The Power to Declare War (National Government) - ✔✔-The national government could declare war as it deemed appropriate with other nations. It could also appoint military officials. However, this power was limited. The national government could declare war, but there was no national military to draw soldiers from. The soldiers came from the individual states. The Power to Make Treaties and Alliances with Other Nations (National Government) - ✔✔-The national government could enter into treaties or agreements with other nations as it deemed appropriate. Under this power, the national government could also appoint foreign ambassadors. The Power to Regulate Trade with the Native Americans (National Government): - ✔✔-The national government was given power to negotiate and regulate trade with the Native Americans. Native Americans were not considered citizens of the United States and were treated as foreign nations by the both the national and state governments. The Power to Settle Disputes among Other States (National Government) - ✔✔-the national government had the authority to settle any and all boundary disputes that arose between the states, which were bound to happen in this newly formed country. Problems with the Articles of Confederation (Power to Raise an Army or Navy): - ✔✔-Although the central government could declare war and agree to peace, it had to depend upon the states to provide soldiers. If state governors chose not to honor the national government's request, the country would lack an adequate defense. The lack of a national army meant that the national government could not draft any soldiers into the military. Problems with the Articles of Confederation (Taxation) - ✔✔-Articles of Confederation gave the national government no power to impose and collect taxes. To avoid any perception of "taxation without representation," the Articles of Confederation allowed only state governments to levy taxes. To pay for its expenses, the national government had to request money from the states, which were required to provide funds in proportion to the value of the land within their borders. The states, however, were often negligent in this duty, and the national government was underfunded as a result. The national government could not impose taxes on citizens. It could only request money from the states. Problems with the Articles of Confederation (Regulating Trade): - ✔✔-The national government did not possess the power to regulate trade among the different states. This lack of authority not only affected the national government, but the states as well. The national economy suffered as foreign countries began to form trade agreements with individual states, agreements for which the national government could not regulate or tax. Problems with the articles of confederation National Government: - ✔✔-· Each state had only one vote in Congress regardless of its size. · The national government could not impose taxes on citizens. It could only request money from the states. · The national government could not regulate foreign trade or interstate commerce. · The national government could not raise an army. It had to request the states to send men. · The Articles could not be changed without a unanimous vote to do so. · There was no national judicial system. New Jersey Plan (small state plan) - ✔✔-A plan that called for a one-house national legislature; each state would receive one vote. Each state would have one vote. Thus, smaller states would have the same power in the national legislature as larger states. · Unicameral legislature (one chamber) · Representation: State based (each state equally represented) · Role of National Government: provides defense but does not override state authority Virginia Plan (large state plan) - ✔✔-The number of a state's representatives in each chamber was to be based on the state's population. In each state, representatives in the lower chamber would be elected by popular vote. These representatives would then select their state's representatives in the upper chamber from among candidates proposed by the state's legislature. Once a representative's term in the legislature had ended, the representative could not be reelected until an unspecified amount of time had passed. · Legislature: bicameral (two separate chambers) · Representation: population based (higher the population = more representation) · Role of the National Government: can legislate for states and veto state law Compromises at the Constitutional Convention (representation) - ✔✔-Congress would be a bicameral legislature and would consist of two chambers: The Senate and the House of Representatives. Each state, regardless of size, would have two senators, making for equal representation as in the New Jersey Plan. Representation in the House would be based on population. Senators were to be appointed by state legislatures, a variation on the Virginia Plan. Members of the House of Representatives would be popularly elected by the voters in each state. Elected members of the House would be limited to two years in office before having to seek reelection, and those appointed to the Senate by each state's political elite would serve a term of six years. Congress had the power to tax, maintain an army and a navy, and regulate trade and commerce. It could also coin and borrow money, grant patents and copyrights, declare war, and establish laws regulating naturalization and bankruptcy. Three-Fifths Compromise - ✔✔-a compromise between Northern and Southern states that called for counting of all the states free population and 60% of its slave population for both federal taxation and representation in congress. slave-holding states could count all their free population, including free African Americans, plus 60% (three-fifths) of their enslaved population. To mollify the North, the compromise also allowed counting 60% of a state's slave population for federal taxation. Checks and Balances - ✔✔-A system that allows one branch of government to limit the exercise of power by another branch; requires the different parts of government to work together. The ability of Congress to limit the president's veto. Should the president veto a bill passed by both houses of Congress, the bill is returned to Congress to be voted on again. If the bill passes both the House of Representatives and the Senate with a two-thirds vote in its favor, it becomes law even though the president has refused to sign it. The president must also seek the advice and consent of the Senate before appointing members of the Supreme Court and ambassadors, and the Senate must approve the ratification of all treaties signed by the president. Congress may even remove the president from office. Separation of Powers - ✔✔-The sharing of powers among three separate branches of government. Each branch of government has its own function to perform, which prevents any one branch of government from becoming too powerful. This is why the legislative branch makes the laws, the executive branch enforces the laws, and the judicial branch reviews the laws. Through separation of powers, each branch has its own degree of independence. Federalists - ✔✔-supported the new Constitution. They tended to be among the elite members of society—wealthy and well-educated landowners, businessmen, and former military commanders—who believed a strong government would be better for both national defense and economic growth. A national currency, which the federal government had the power to create, would ease business transactions. The ability of the federal government to regulate trade and place tariffs on imports would protect merchants from foreign competition. Furthermore, the power to collect taxes would allow the national government to fund internal improvements like roads, which would also help businessmen. Agreed to add a bill of rights to the constitution. Anti-Federalists - ✔✔-Opponents of ratification. feared the power of the national government and believed state legislatures could better protect their freedoms. most distrusted the elite and believed a strong federal government would favor the rich over those of "the middling sort." fears that the strong central government for which the Federalists advocated would levy taxes on farmers and planters who lacked the hard currency needed to pay. Many also believed Congress would impose tariffs on foreign imports that would make American agricultural products less welcome in Europe and in European colonies in the Western Hemisphere. Argued, the diversity of religion tolerated by the Constitution would prevent the formation of a political community with shared values and interests. Federalist no. 10 - ✔✔-The Federalists address the fear of factions. James Madison argued that there was no need to fear the power of factions because the diversity that existed in the country was so large that it would not allow for the development of large political interest groups. Madison argued that having a representative government would be the best way to control against the detrimental effects of factions. Federalist, no. 51 - ✔✔-Addresses constitutional mechanisms of checks and balances and separation of powers. Madison provided his arguments for why increasing the powers of the national government would not lead to an automatic abuse of power due to separation of powers and checks and balances. The Legislative Branch - ✔✔-Article I, Congress composed of the Senate and the House of Representatives, which served as the principal lawmaking body. Laws would originate in the Congress, but Congress would not have the power to carry out the laws for the country. It also would not be able to assume the right of convicting individuals of crimes. · right to deal with international trade and commerce between the states. The states were prohibited from interfering with international and interstate trade. · Only Congress would have the power to declare war on foreign countries. · The Senate was also required to approve treaties by a two-thirds majority in order for the treaties to go into effect. · potential role in the selection of the president. The Judicial Branch - ✔✔-Supreme Court to head the Judicial Branch in Article III. While the president and Senate control the nomination process, once appointed, justices and judges are protected from political pressure. They serve during time of good behavior, ensuring that it will be difficult to pressure judges to make a particular decision. They can only be removed if a majority of the House of Representatives votes to impeach them and two-thirds of the Senate votes to remove them from power. · The courts have the power of judicial review, which permits them to overturn laws passed by Congress and actions of the president, or others in the executive branch, that conflict with the Constitution. · judicial review is important in upholding the Constitution as the supreme law of the land. The Executive Branch - ✔✔-Article II, consists of the president, the vice president, and the bureaucracy (the agencies that carry out the programs of the national government). The president was also to serve as chief diplomat. He, or those reporting to him, are responsible for the foreign affairs of the country. The president nominates ambassadors and other officials that deal with foreign policy subject to approval by the Senate, which is their constitutional role related to the concept of "advise and consent." He oversees negotiating treaties that must then be approved by the Senate. · The president also serves as the official head of state, which often involved ceremonial functions, although it did provide the president with the power to grant pardons or to reduce prison terms for national crimes. He can grant such pardons to anyone without limits. · The vice president has relatively few constitutional duties he is the presiding officer of the Senate and only gets to vote to break a tie. · Electoral College and its makeup as the means of electing the president. · president to report to Congress each year on the state of the union · The president has a great deal of power in terms of nominating individuals to fill key posts in the judicial branch and the executive branch. The president nominates justices of the Supreme Court and judges of lower courts. Making and Interpreting Laws (Checks and Balances) - ✔✔-laws must be signed by the president in order to go into effect, providing a major check by the executive branch on Congress. the president also has the power to veto legislation. Congress can override a veto if it re-passes the law with a two-thirds majority in both the House of Representatives and the Senate. Laws passed by Congress are also subject to judicial review by the judiciary. While Congress can pass any law and have it signed by the president, the courts can overturn it if they determine that the law violates the Constitution. The courts can also interpret laws in a way that ensures that they do not violate the Constitution. Foreign Policy (Checks and Balances): - ✔✔-· The president or his people can negotiate treaties, but they are subject to approval by two-thirds of the Senate. · Presidents can sign executive agreements with foreign leaders. · Executive agreements are not treaties but arrangements between the president and a specific foreign political leader. Congress can limit the effectiveness of such agreements if they require funding provided by Congress. The courts, through the power of judicial review, can make sure such agreements do not conflict with the Constitution or treaties. · Since only Congress can declare war, this power limits the president's ability to use military force even though he can order troops into combat in his role as commander-in-chief. Nominations (checks and balances) - ✔✔-· The president has a great deal of power in terms of nominating individuals to fill key posts in the judicial branch and the executive branch. The president nominates justices of the Supreme Court and judges of lower courts. These nominations must also receive approval by the Senate. · The impeachment process provides a safeguard against individual members of the judiciary to escape the consequences of wrongdoing or being beyond the control of the other branches. · Executive branch nominations are subject to approval by a majority vote in the Senate. Executive Orders (Checks and Balances) - ✔✔-the president can direct agencies to administer laws in particular ways. A president can affect the administration of laws passed by Congress with executive orders · Congress can prevent the implementation of some activities by refusing to provide funding for some efforts. Budget (checks and Balances) - ✔✔-Congress authorizes the spending of various activities and sets funding levels for the national government. The budget process gives both the executive and legislative branches a role to play in government spending. Control over spending in other areas also gives Congress power. Congress can refuse to fund executive orders, executive agreements, or otherwise provide the necessary funds for the projects that presidents want to pursue. Checks on Executive Branch - ✔✔-By Congress Can override a presidential veto by a two-thirds vote in both chambers Must approve treaties by a two-thirds vote in the Senate Control of funding activities of the executive branch Presidential nominees must be approved by the Senate Only Congress can declare war House can impeach the president or vice president and the Senate can remove them by a two-thirds vote By Judiciary Can overturn actions of the president with judicial review if the actions violate the Constitution Serve during good behavior to maintain independence of judiciary Checks on Congress - ✔✔-By President Can veto legislation Can use executive agreements Can use executive orders Negotiates treaties (not Congress) By Judiciary Can overturn acts of Congress as unconstitutional if they violate the law Can influence laws by interpretation Serve during good behavior to maintain independence of judiciary Checks on Judiciary - ✔✔-By President Nominates judges Power of pardon By Congress Senate must approve judges and justices Controls jurisdiction of the courts Determines size of Supreme Court House can impeach judges and Senate can remove them by two-thirds vote Federalism - ✔✔-is an institutional arrangement that creates two relatively autonomous levels of government, each possessing the capacity to act directly on behalf of the people with the authority granted to it by the national constitution. · establish two levels of government, with both levels being elected by the people and each level assigned different functions. · The national government is responsible for handling matters that affect the country, like defending the nation against foreign threats and promoting national economic prosperity · Subnational, or state, governments are responsible for matters that lie within their regions, which include ensuring the well-being of their people by administering education, healthcare, public safety, and other public services. · All national matters are handled by the federal government, which is led by the president and members of Congress, all of whom are elected by voters across the country. · All matters at the subnational level are the responsibility of the 50 states, each headed by an elected governor and legislature. · The second characteristic common to all federal systems is a written national constitution that cannot be changed without the substantial consent of subnational governments. Structure of Federalism - ✔✔-The constitutions of countries with federal systems formally allocate legislative, judicial, and executive authority to the two levels of government in such a way that ensures each level some degree of autonomy from the other. Under the U.S. Constitution, the president assumes executive power, Congress exercises legislative powers, and the federal courts (e.g., U.S. district courts, appellate courts, and the Supreme Court) assume judicial powers. In each of the 50 states, a governor assumes executive authority, a state legislature makes laws, and state-level courts (e.g., trial courts, intermediate appellate courts, and supreme courts) possess judicial authority. characteristic of federalism - ✔✔-· the federal government's efforts to ensure homeland security are bolstered by the involvement of law enforcement agents working at local and state levels. · the ability of states to provide their residents with public education and healthcare is enhanced by the federal government's financial assistance · national courts commonly resolve disputes between levels and departments of government. conflicts between states and the federal government are adjudicated by federal courts, with the U.S. Supreme Court being the final arbiter · subnational governments are always represented in the upper house of the national legislature, enabling regional interests to influence national lawmaking. · federal laws are shaped in part by state interests, which senators convey to the federal policy-making process enumerated powers (Congress) - ✔✔-the national legislature is found in Article I, Section 8. These powers define the jurisdictional boundaries within which the federal government has authority. To provide for the general welfare of the populace, it can tax, borrow money, regulate interstate and foreign commerce, and protect property rights. To provide for the common defense of the people, the federal government can raise and support armies and declare war. Elastic Clause - ✔✔-The last clause of Article I, Section 8. or the Necessary and Proper Clause, enables Congress "to make all Laws which shall be necessary and proper for carrying" out its constitutional responsibilities. Advantages of Federalism - ✔✔-ability of individual states to innovate in the ways that they deal with problems. When one state finds a solution that works better than others, other states will adopt the solution. The national government has even copied parts of state laws when creating a national version. states are better able to adapt to local conditions and design programs that work best for their citizens. the national government can pass a basic program that will cover the country (such as disability payments for those injured on the job), and states can add to the program if they decide to do so. power is divided so that it is more difficult for any group or groups to take over control of the government and violate the rights of citizens or some groups of citizens. There is protection against oppression with divided power. provides the opportunity for individuals to participate more in the political system. An individual citizen can interact with both state elected officials and national officials. Disadvantages of Federalism: - ✔✔-requires coordination and cooperation between the national government and the state governments difficulties when actions in one state cause problems in neighboring states (as could happen if a river is polluted upstream). Voters are less willing to pay to avoid problems when the negative consequences occur in another state. All 50 states must have a department of education, a transportation department, a bureau to administer Medicaid and unemployment benefits. This duplication of effort can be costly, especially in the smaller states not all U.S. citizens are treated the same. Some have access to better educational facilities. College tuition can be cheaper. Others have better highway systems or more public medical care. In addition, richer states can afford to provide more services to their citizens than poorer states. democratic countries with unitary systems - ✔✔-such as France, Japan, and Sweden Countries with Unitary system - ✔✔-Great Britain Commerce Clause - ✔✔-empowers the federal government to regulate interstate economic transactions. One of the most important constitutional anchors for Congress's implicit power to regulate all manner of activities within the states is the short clause in Article I, Section 8, which says Congress is empowered to "to regulate Commerce with foreign Nations, and among the several States, and with Indian Tribes." congressional powers - ✔✔-can be divided into three types: · Enumerated · Implied · Inherent implied powers - ✔✔-not specifically detailed in the Constitution but inferred as necessary to achieve the objectives of the national government. inherent power - ✔✔-not enumerated or implied, must be assumed to exist as a direct result of the country's existence. implied power congress - ✔✔-The "necessary and proper cause" directs Congress "to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof." Laws that regulate banks, establish a minimum wage, and allow for the construction and maintenance of interstate highways. Congress has the power to oversee the other branches of government, including the executive and judicial branches, as well as to rein in administrative agencies, a part of the federal government not mentioned in the Constitution. Inherent power (Congress) - ✔✔-not mentioned in the Constitution, and they do not even have a convenient clause in the Constitution to provide for them. Instead, they are powers Congress has determined it must assume if the government is going to work at all. The general assumption is that these powers were deemed so essential to any functioning government that the framers saw no need to spell them out. Such powers include the power to control borders of the state, the power to expand the territory of the state, and the power to defend itself from internal revolution or coups. These powers are not granted to the Congress, or to any other branch of the government for that matter, but they exist because the country exists. Enumerated Powers (Taxation) (Congress/legislative branch) - ✔✔-Article I, Section 8, Origination Clause, The constitutional drafters also provided that any bill for raising revenue—that is, for taxing— must begin in the House of Representatives. This is a unique constitutional requirement; any other type of bill can begin in either house of Congress. Income tax. Enumerated Powers Budget Authority (Power of the Purse) (Congress/legislative branch) - ✔✔-Article I, Section 8, To borrow money on the credit of the United States. enumerated power of borrowing money. Congress alone is given the authority to draw from the Treasury of the United States or to borrow on the credit of the United States. The federal government makes money primarily through taxation, and the Congress, made up of the people's representatives, is entrusted with that money. The Constitution provides that no money can be drawn from the federal treasury unless there has been law authorizing the appropriation. Examples of laws authorizing appropriation include emergency and disaster relief for states and territories such as for New Orleans in 2005 after Hurricane Katrina, and Texas and Puerto Rico in 2017 after Hurricanes Harvey and Maria. Once Congress has set a spending limit, it cannot exceed that limit without additional authorization. Power to Regulate Commerce (Congress/legislative branch) - ✔✔-Article I, Section 8 · To regulate commerce with foreign nations, and among the several states, and with the Indian Tribes · The constitutional provision permitting Congress to regulate trade among the states is known as the Interstate Commerce Clause. Power to Declare War (Congress/legislative branch) - ✔✔-Article I, Section 8, To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water. Checks on Other Branches (Congress/legislative branch) - ✔✔-Article I, Ways in which Congress can check the other branches of government specifically mentioned in Article I of the Constitution; advice and consent, impeachment, and oversight, · Congress can act as a check on presidential authority. For example, while the president appoints federal judges, ambassadors to foreign countries, cabinet secretaries, and other high-ranking government officials, the Senate must provide its advice and consent to those appointments · Treaty-making is another shared power. the president, as chief diplomat, has the right to negotiate agreements (or treaties) with foreign nations on behalf of the United States, the Senate must ratify those treaties. This is done by a two-thirds supermajority vote. · power of impeachment; power is shared by both the House and the Senate. The House has the authority to impeach the president, the vice president and "all civil officers of the United States." Impeachment does not lead to removal from office unless the Senate, which is given the authority to conduct impeachment trials, votes to convict. Under the Constitution, conviction requires a supermajority, a two-thirds vote in the Senate. The Organization of Congress (Leadership and Committees) - ✔✔-Congress is organized through leadership positions in both the House of Representatives and the Senate and through the committee system. representatives are elected as individuals; representatives also belong to political parties. Per the Constitution, every two years a new congressional session begins. The majority party is whichever party has the most seats in each chamber of Congress, while the minority party is whichever party has the least seats in each chamber of Congress. House of Representatives (The Organization of Congress)(Leadership and Committees) - ✔✔-· In the House of Representatives, the majority party gets to select the top leadership position, the Speaker of the House, who is considered the chief presiding officer of the House of Representatives. · After the Speaker of the House, the majority party selects the Majority Leader, followed by the minority party's selecting the Minority Leader · each party also gets to select a majority whip and minority whip to help coordinate strategy among all the members of their respective political partie [Show More]

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