Changes

There are 17 additional amendments beyond the Bill of Rights, or a total o 27 amendments overall.  The most important of the additional amendments are:

There are 17 additional amendments beyond the Bill of Rights, or a total o 27 amendments overall.  The most important of the additional amendments are:

Civil War Amendments (13-15):

'''Civil War Amendments''' (13-15):

*13th Amendment abolished slavery

*13th Amendment abolished slavery

*14th Amendment limits the power of states, incorporates the Bill of Rights against them, and grants Americans rights of due process and equal protection

*14th Amendment limits the power of states, incorporates the Bill of Rights against them, and grants Americans rights of due process and equal protection

*15th Amendment prohibits discrimination against voting based on race, and led to the Voting Rights Act o 1965 (which prohibits "literacy tests" as a condition of voting)

*15th Amendment prohibits discrimination against voting based on race, and led to the Voting Rights Act of 1965 (which prohibits "literacy tests" as a condition of voting)

== The 113th Congress ==

== The 113th Congress ==

No legislative sponsored or introduced in a prior Congress carries over to a new Congress.  Each new Congress starts with a blank slate.  But this 113th Congress has bigger challenges than most: the United States is 16 trillion in debt, and the "debt ceiling" (the maximum amount allowed by law for the United States to borrow) must be raised to an even higher level for the government to continue to operate as it has been.

No legislative sponsored or introduced in a prior Congress carries over to a new Congress.  Each new Congress starts with a blank slate.  But this 113th Congress has bigger challenges than most: the United States is 16 trillion in debt, and the "debt ceiling" (the maximum amount allowed by law for the United States to borrow) must be raised to an even higher level for the government to continue to operate as it has been.

Each new Congress makes new committee assignments.  The most powerful committee in the House of Representatives is considered to be the "Ways and Means Committee," because it makes decisions about spending trillions of dollars.  The most powerful committee in the U.S. Senate is the Judiciary Committee, because it votes on whether to confirm judicial nominees to the federal courts (including the U.S. Supreme Court).  The entire Senate votes on the president's nominations to the federal courts, but it can only vote on those who are approved first by the Judicial Committee.  If the Judiciary Committee rejects a nomination (or delays it), then the U.S. Senate never votes.

Each new Congress makes new committee assignments.  As mentioned above, the most powerful committee in the House of Representatives is considered to be the "Ways and Means Committee," because it makes decisions about spending trillions of dollars.  The most powerful committee in the U.S. Senate is the Judiciary Committee, because it votes on whether to confirm judicial nominees to the federal courts (including the U.S. Supreme Court).  The entire Senate votes on the president's nominations to the federal courts, but it can only vote on those who are approved first by the Judicial Committee.  If the Judiciary Committee rejects a nomination (or delays it), then the U.S. Senate never votes.

It is almost impossible for one member of the House of Representatives, which has a total of 435 congressmen, to be able to block a vote.  But in the U.S. Senate, which has only 100 members, substantial power is given to each individual senator.  "Senatorial prerogative" gives an individual senator the power to block the confirmation of a judicial nominee to a federal court in his State.  An individual senator can also place a hold (block) nominations by the president to other positions.

It is almost impossible for one member of the House of Representatives, which has a total of 435 congressmen, to be able to block a vote.  But in the U.S. Senate, which has only 100 members, substantial power is given to each individual senator.  "Senatorial prerogative" gives an individual senator the power to block the confirmation of a judicial nominee to a federal court in his State.  An individual senator can also place a hold (block) nominations by the president to other positions.

If merely 41 senators (out of 100) object to a bill, then they can prevent the majority from voting on it in the U.S. Senate.  This is a "filibuster", and it is unique to the U.S. Senate.  There is no filibuster power in the U.S. House of Representatives, or in most legislative entities.

If merely 41 senators (out of 100) object to a bill, then they can prevent the majority from voting on it in the U.S. Senate.  This is a "filibuster", and it is unique to the U.S. Senate.  There is no filibuster power in the U.S. House of Representatives, or in most legislative entities.

Review of taxation and Sixteenth Amendment:

== Public Policy and Everything Else ==

 

 

 

 

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:

After the Constitution and the major institutions of the federal government, what is left to this course?  Political parties, interest groups, the media, and public opinion (as demonstrated by polling).

1. Post Office?  (Set up by Constitution and Congress, managed by Executive Branch)

The president has influence partly because of his authority granted by the Constitution, and partly because the media finds it easier report on him rather than on thousands of items of local news.  Because of the media's attention to the president, he has a “bully pulpit.” When the president says something, the media are morely likely to repeat it than when others say something.  But a president cannot speak freely for the same reason, and most of what a president says is "politically correct" rather than honest or insightful.

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.)

To others, the president is just another bit player in a system that has grown far bigger than anyone can control.  We now live in the “regulatory state,” where massive regulations govern most aspects of our lives.  Inevitably government grows larger and the regulations become more complex.  Under this theory about government, there is nothing the president or anyone else can do about it, except perhaps slow the growth a bit.

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.

Despite how much the federal government has grown, much remains unregulated in American life.  We do not have racial quotas in business, though there is affirmative action to encourage greater participation by minorities in institutions like colleges and large corporations.  We do not have "comparable worth" by which the government would set wages for male and female-dominated occupations.  We do not have the 14th Amendment applying to purely private activities, like the Boy Scouts.  Struggles continue on both sides of these and other controversies.  America remains by far the most free major country in the world.

== Direct and Indirect Taxes ==

 

 

 

=== Types of taxes ===

There are two general categories of taxes, "direct" and "indirect".<ref><small>http://www.investorguide.com/article/11164/the-difference-between-direct-tax-and-indirect-tax/</small></ref>  A "direct" tax is how the Roman Empire funded itself: each adult must directly pay a certain tax, whether he has income or not (also known as a "head tax" or "capitation tax," because it is applied per person).  Jesus and the Apostles had to pay this type of tax, as they were in the Roman Empire.  Another example of a "direct" tax is a tax on real estate, which the federal government imposed in its early years but does not anymore.  (Now State and local governments impose real estate taxes.)

There are two general categories of taxes, "direct" and "indirect".<ref><small>http://www.investorguide.com/article/11164/the-difference-between-direct-tax-and-indirect-tax/</small></ref>  A "direct" tax is how the Roman Empire funded itself: each adult must directly pay a certain tax, whether he has income or not (also known as a "head tax" or "capitation tax," because it is applied per person).  Jesus and the Apostles had to pay this type of tax, as they were in the Roman Empire.  Another example of a "direct" tax is a tax on real estate, which the federal government imposed in its early years but does not anymore.  (Now State and local governments impose real estate taxes.)

Most taxes are "indirect" in nature, such as "excise taxes."  An excise tax is based on an activity, such as a sale of a product from a business to a customer.  It is a tax on activity rather than on a person or on property itself.  An example of indirect or excise federal taxes are the taxes on gasoline and telephone bills.

Most taxes are "indirect" in nature, such as "excise taxes."  An excise tax is based on an activity, such as a sale of a product from a business to a customer.  It is a tax on activity rather than on a person or on property itself.  An example of indirect or excise federal taxes are the taxes on gasoline and telephone bills.

The distinction between "direct" and "indirect" taxes is important because the original U.S.Constitution, in Art. I, Section 9, Clause 4, limits "direct" taxes to the federal government to what can be apportioned among the population.  This prevents the federal government from taxing wealthy areas or people more than poor areas or people.  If a tax is "indirect", then it is not limited by this provision, which enables the federal government to tax business activity without limitation.  But with respect to individual income, the Sixteenth Amendment gives the federal government unlimited power to impose taxes in any way it chooses.

The distinction between "direct" and "indirect" taxes is important because the original U.S. Constitution, in Art. I, Section 9, Clause 4, limits "direct" taxes to the federal government to what can be apportioned among the population.  This prevents the federal government from taxing wealthy areas or people more than poor areas or people.  If a tax is "indirect", then it is not limited by this provision, which enables the federal government to tax business activity without limitation.  But with respect to individual income, the Sixteenth Amendment gives the federal government unlimited power to impose taxes in any way it chooses.

The lawsuits against ObamaCare have reopened this issue because ObamaCare imposes a penalty (under Congress's taxation power) on non-exempt people who fail to purchase adequate health insurance.  It is not an income tax, so it should not be authorized by the Sixteenth Amendment.  It is not an excise tax, because it applies when there is no activity (declining to purchase government-approved insurance).  Is it a "direct" tax?  If so, then it would not be allowed unless it is apportioned by population, such that wealthy people pay no more than poor people.  But if it is not a direct tax, then Article I, Section 8, Clause 1 may allow it: "The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises." Lawsuits are pending to challenge ObamaCare based on what kind of tax it imposes, and the federal courts will be deciding this issue in the next year or so.

The lawsuits against ObamaCare have reopened this issue because ObamaCare imposes a penalty (under Congress's taxation power) on non-exempt people who fail to purchase adequate health insurance.  It is not an income tax, so it should not be authorized by the Sixteenth Amendment.  It is not an excise tax, because it applies when there is no activity (declining to purchase government-approved insurance).  Is it a "direct" tax?  If so, then it would not be allowed unless it is apportioned by population, such that wealthy people pay no more than poor people.  But if it is not a direct tax, then Article I, Section 8, Clause 1 may allow it: "The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises." Lawsuits are pending to challenge ObamaCare based on what kind of tax it imposes, and the federal courts will be deciding this issue in the next year or so.

As our course draws to a close, ponder which are the most influential aspects of American policy making. Is it the [[presidency]]?  The [[courts]]?  [[Congress]]?  Is all politics local, as some say?  Think of where you could make the biggest difference. Would that be to work on national, local, legal, scientific, business, or educational issues?

*50% U.S. Constitution and key Amendments

 

*30% Three branches of the federal government and what they do

This lecture surveys an influential aspect of American policy often ignored by our history books: trials.  Also, our last lecture left for this time one of the most controversial and influential issues in American politics.  That is abortion.

*10% The media, public opinion, and polling

 

*10% Interest groups, lobbying, and political parties

 

 

Some say the president has the most influence for one simple reason: he has the “bully pulpit.”  That means he defines the national agenda simply by what he chooses to say.  When the president preaches, everyone listens, according to this theory.  Many often disagree with the president, but the issues and debate are nevertheless framed by the president.  Do you agree?

 

To others, the president is just another bit player in a system that has grown far bigger than anyone can control.  We now live in the “regulatory state,” where massive regulations govern most aspects of our lives.  Inevitably government grows larger and the regulations become more complex.  Under this theory, there is nothing the president or anyone else can do about it, except perhaps slow the growth a bit.

 

Still, much remains unregulated in American life.  We do not have racial quotas in business, though there is affirmative action to encourage greater participation by minorities in institutions like colleges and large corporations.  We do not have comparable worth by which the government would set wages for male and female-dominated occupations.  We do not have the 14th Amendment applying to purely private activities, like the Boy Scouts.  Struggles continue on both sides of these and other controversies.  America remains by far the most free major country in the world.

== References ==

== References ==