American Government Lecture Thirteen
From Conservapedia
American Government
Thirteen Lecture - Review
Instructor, Andy Schlafly
Outline of Lecture:
I. Review I - Constitution
II. Review II - Branches of the Federal Government
III. Issues
I. Review - Constitution.
We have covered all of the material in the course, and need to start our review to prepare for our exams and the CLEP, if you are taking it. Let’s begin simply by looking at the structure of our government.
We are governed by “Rule of Law” rather than by a king or dictator. The “law” is the Constitution, and all federal laws applying it.
Recall the history of the Constitution: its roots were in the Declaration of Independence (1776), which drew upon English political philosopher John Locke’s concepts of natural rights (life, liberty and pursuit of happiness) and the social compact theory of government. The states attempted to establish a federal government with the Articles of Confederation (approved in 1777, but not effective until 1781 because of its requirement that all states must ratify it).
The Articles of Confederation were a failure. It lacked an Executive (e.g., President) and a Judiciary (e.g., Supreme Court). It could not impose taxes, regulate commerce or raise an army. Each state had one vote, and a unanimous vote of the states was required to amend it. 9 votes out of 13 was needed to do anything significant. Simply put, the federal government had almost no power to do anything.
The Constitution created a strong federal government, one that has grown in power continuously ever since. It established a bicameral legislature through the Great Compromise (House and Senate). It allowed continuation of slavery through the Three-Fifths Compromise, whereby slaves counted as 3/5th of a person for deciding how many representatives each state could send to the House. Slave trade was allowed for 20 more years.
Opposition to the Constitution was strong, by the Antifederalists who opposed a strong federal government. Rhode Island opposed it until the very end because it wanted to retain its power to tax interstate commerce in its ports. It did not ratify the Constitution until after George Washington had become president and Rhode Island feared economic isolation if it did not join.
The main attribute of the Constitution, perhaps the key to its success, is the system of checks and balances between the Legislative, Executive and Judicial branches. Each protects its own “turf” and power, and that helps guard against tyranny. When President Truman ordered a government seizure of the steel mills to end union strikes in 1952, the Supreme Court stepped in and stopped him. Ponder how many other historical examples of “checks and balances” you know.
The Constitution has other remarkable features. Even before the Bill of Rights, the Constitution protected trial by jury and the right of an imprisoned person to force the government to explain why he is being detained (writ of habeas corpus). No religious tests are allowed for public office. Nobility is prohibited in all its forms. Laws passed to punish prior activity (ex post facto law) or to declare an individual guilty (bill of attainder) are also prohibited.
It is important to know the purpose of each Article in the Constitution. Here’s a quick review:
Art. I - enumerates powers for Congress. Art. II - establishes the presidency and executive branch. Art. III - establishes the Supreme Court and authorizes Congress to set up lower federal courts. Art. IV - requires full faith and credit between the states; requires them to have republican govts. Art. V - amendments are by 2/3rd vote by Congress and 3/4 of states ratify, or by convention Art. VI - federal law is supreme (Supremacy Clause) Art. VII - 9/13 of states are all that is needed to ratify, unlike Articles of Confederation
Next came the Bill of Rights (Amendments 1-10), and subsequent amendments after that. The Bill of Rights protect our liberties. The other amendments promote democracy, refined procedures for presidential elections, enacted and rescinded Prohibition, and addressed other miscellaneous issues. The Fourteenth Amendment and its limitations on the states is by far the most important outside of the Bill of Rights.
II. Review - Branches of the Federal Government.
By now we should all know the three branches of federal government: the Legislative (Congress), Executive (Presidency) and Judicial (Courts). Do we all know what each branch does?
Which declares war? (Congress) Which invalidates laws? (Supreme Court) Which commands the military? (President) Which raises taxes? (Congress and President) Which prosecutes criminals? (President, through the Dept. of Justice, and the Courts)
As you review the textbook, it is helpful to ask yourself which branch handles the issues we see on the news on a daily basis. Consider these examples:
1. Post Office? (Set up by Constitution and Congress, managed by Executive Branch) 2. Money? (same) 3. Federal District Courts? (Set up by Congress under Article III; judges are appointed by President; system is run by Judiciary)
It is important to understand how bills become federal law. A member of the House of Representative will sponsor a new piece of legislation (i.e., a “bill”). He tries to add as many co-sponsors to his bill as he can persuade. He introduces it into the appropriate committee. (By the way, the most powerful committee is “Ways and Means,” which handles taxation and spending.)
Usually the committee will have a subcommittee devoted to the issue, and the bill is addressed and revised in the subcommittee. Ultimately it comes up to the committee for a vote. If it passes, then it is sent to the House Rules Committee, which will determine the procedure for debate by the full House. Discussion and amendments may be limited. Then the entire House considers and votes on the bill according to the assigned rules. If it passes, then it goes to the appropriate committee in the Senate.
In the Senate the procedures are different. Once on the floor of the Senate, Senators can delay passage by filibustering the bill. If a “cloture” vote of 60 or more is attained, then filibusters are prohibited. But amendments are still allowed. If the Senate passes the bill, then it goes to a conference committee staffed by House and Senate members. They reconcile any differences between the House and Senate versions, and the bill goes back to each for final passage. If it passes, then onto the President for signature. If he vetoes, then it goes back to Congress for a possible veto override (which is difficult to do!).
Operations under the President are as complex as for Congress, and it is important to review the textbook materials discussing agencies (pp. 77-80). Remember, it is the Executive Branch that is responsible for the day-to-day operation of government.
Review all the material through page 112 in the textbook, focusing on the highlighted words. There will be a test on this portion next week. We did skip the chapter on “Bureaucracy”, but you should make sure you understand the highlighted words in it (pp. 89-94).
III. Issues.
1. The Supreme Court recently granted cert. (i.e., it will review) Hamdi v. Rumsfeld, which concerns an alleged terrorist caught in Afghanistan. The defendant is Yaser Esam Hamdi, born to Saudi Arabian parents while they were in Louisiana in connection with an oil project. After 9/11 he was caught in Afghanistan, and was subsequently held by our military at Guantanamo Bay in Cuba. But someone discovered that he had a claim to American citizenship, and so he was then transferred to a Norfolk military detention center. But he has not had access to an attorney under our constitutional requirements of due process for American citizens. Should he?
2. Newly introduced New Jersey Assembly Bill AB 4033 would require homeschoolers to take annual tests in public schools and also report on annual medical exams. What are our best arguments against this new regulation? Will it create a slippery slope?
