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American Government

'''American Government'''

'''I. Introduction'''

===I. Introduction===

We’ve had two lectures and two homework assignments covering the [[U.S. Constitution]].  At this point, you know more about the [[Constitution]] than 99% of the public.  You probably know more about the [[Constitution]] than most of our [[politician]]s!

We’ve had two lectures and two homework assignments covering the [[U.S. Constitution]].  At this point, you know more about the [[Constitution]] than 99% of the public.  You probably know more about the [[Constitution]] than most of our [[politician]]s!

Knowing the [[Constitution]] helps non-[[lawyer]]s also.  Almost everything today implicates [[constitution]]al issues.  What are your rights if you’re told you cannot chop down a tree on your property?  Or if you are in a car that is stopped by the police?  Or if want to stage a protest against something [[government]] is doing?  Learn the [[Constitution]] once, use it for a lifetime.  It’s the law of our land.

Knowing the [[Constitution]] helps non-[[lawyer]]s also.  Almost everything today implicates [[constitution]]al issues.  What are your rights if you’re told you cannot chop down a tree on your property?  Or if you are in a car that is stopped by the police?  Or if want to stage a protest against something [[government]] is doing?  Learn the [[Constitution]] once, use it for a lifetime.  It’s the law of our land.

'''II.  Why is the Constitution so Successful?'''

===II.  Why is the Constitution so Successful?===

Let’s pause for a moment and consider why the [[Constitution]] has endured and thrived for over 200 years, producing the most productive society the world has ever known.

Let’s pause for a moment and consider why the [[Constitution]] has endured and thrived for over 200 years, producing the most productive society the world has ever known.

Perhaps you have your own suggestions, or disagree with some of mine above.  At any rate, this is worth reflection: why is the [[Constitution]] one of the greatest documents of all time?  Why has it been so respected and successful?  Where would this country be without it?

Perhaps you have your own suggestions, or disagree with some of mine above.  At any rate, this is worth reflection: why is the [[Constitution]] one of the greatest documents of all time?  Why has it been so respected and successful?  Where would this country be without it?

'''III. Interpretation'''

===III. Interpretation===

Anything expressed in language is immediately subject to different interpretations.  The [[Constitution]] could not avoid this problem.  Sometimes interpretations can be a ruse for attempts to change the intended meaning.

Anything expressed in language is immediately subject to different interpretations.  The [[Constitution]] could not avoid this problem.  Sometimes interpretations can be a ruse for attempts to change the intended meaning.

What do you think?

What do you think?

'''IV. Legislative History'''

===IV. Legislative History===

The Constitution is a model of clarity compared with what [[Congress]] passes each year.  Ambiguities pervade laws passed by [[Congress]].  Often the congressmen argue among themselves, and then pass language that is a compromise.  They may not even agree what the language means at the time it is passed.

The Constitution is a model of clarity compared with what [[Congress]] passes each year.  Ambiguities pervade laws passed by [[Congress]].  Often the congressmen argue among themselves, and then pass language that is a compromise.  They may not even agree what the language means at the time it is passed.

Several on the [[Supreme Court]], such as Justice Scalia, feel that legislative history should have no influence in interpreting a statute.  The text of the statute alone should define its meaning.  What do you think?

Several on the [[Supreme Court]], such as Justice Scalia, feel that legislative history should have no influence in interpreting a statute.  The text of the statute alone should define its meaning.  What do you think?

'''V. Congressional Powers'''

===V. Congressional Powers===

Now we turn to [[Congress]], beginning with the [[power]]s that the [[Constitution]] gives it.

Now we turn to [[Congress]], beginning with the [[power]]s that the [[Constitution]] gives it.

What’s left?  [[Congress]] can also expand its authority under these [[power]]s with the “[[Necessary and Proper Clause]],” also known as the “[[Elastic Clause]].”  [[Congress]] can make any law that is proper for executing any [[power]] granted to any part of [[government]], not just [[Congress]].  But there must be an underlying, specific grant of [[power]] in addition to the [[Necessary and Proper Clause]].  For example, [[Congress]] could not pass laws establishing local police departments because there is no grant of [[power]] to the [[federal]] [[government]] in that area.

What’s left?  [[Congress]] can also expand its authority under these [[power]]s with the “[[Necessary and Proper Clause]],” also known as the “[[Elastic Clause]].”  [[Congress]] can make any law that is proper for executing any [[power]] granted to any part of [[government]], not just [[Congress]].  But there must be an underlying, specific grant of [[power]] in addition to the [[Necessary and Proper Clause]].  For example, [[Congress]] could not pass laws establishing local police departments because there is no grant of [[power]] to the [[federal]] [[government]] in that area.

'''VI.  How Laws are Made'''

===VI.  How Laws are Made===

The basic process for passing [[federal]] [[law]] is as follows: A committee in the [[House of Representatives]] drafts a new statute.  If the committee approves the [[bill]], then it is sent to the [[House Rules Committee]], which will dictate the rules for debate and amendment by the full House prior to a vote.  If it ultimately passes the full House, it then proceeds to a committee in the [[Senate]], which may revise it before approving or rejecting it.  If the [[Senate]] committee approves it, perhaps in revised form, then it goes to the full [[Senate]] for passage.  [[Amendment]]s may be proposed by any [[senator]], and any [[senator]] may try to block by a [[vote]] by arguing indefinitely (this is known as a [[filibuster]]).  In the [[Senate]], 60 votes are necessary to end a [[filibuster]] and force a final vote.   

The basic process for passing [[federal]] [[law]] is as follows: A committee in the [[House of Representatives]] drafts a new statute.  If the committee approves the [[bill]], then it is sent to the [[House Rules Committee]], which will dictate the rules for debate and amendment by the full House prior to a vote.  If it ultimately passes the full House, it then proceeds to a committee in the [[Senate]], which may revise it before approving or rejecting it.  If the [[Senate]] committee approves it, perhaps in revised form, then it goes to the full [[Senate]] for passage.  [[Amendment]]s may be proposed by any [[senator]], and any [[senator]] may try to block by a [[vote]] by arguing indefinitely (this is known as a [[filibuster]]).  In the [[Senate]], 60 votes are necessary to end a [[filibuster]] and force a final vote.   

The [[Republican]]-controlled House voted to override President [[Clinton]]’s [[veto]] of the ban on [[partial-birth abortion]], but the [[Senate]] lacked the 2/3rd majority required.  It was not until [[President Bush]] was elected in 2000 and the [[Republican]]s captured the [[Senate]] in 2002 that now it appears this [[bill]] will be enacted into law.  With Bush agreeing to sign the bill, only a majority (rather than 2/3rd) vote is necessary in [[Congress]] to enact it.

The [[Republican]]-controlled House voted to override President [[Clinton]]’s [[veto]] of the ban on [[partial-birth abortion]], but the [[Senate]] lacked the 2/3rd majority required.  It was not until [[President Bush]] was elected in 2000 and the [[Republican]]s captured the [[Senate]] in 2002 that now it appears this [[bill]] will be enacted into law.  With Bush agreeing to sign the bill, only a majority (rather than 2/3rd) vote is necessary in [[Congress]] to enact it.

'''VII.  Elections – The Three-Way Race.'''

===VII.  Elections – The Three-Way Race.===

[[State]]s determine the procedures for electing their [[congress]]men.  Some use “run-offs”, some do not.

[[State]]s determine the procedures for electing their [[congress]]men.  Some use “run-offs”, some do not.

A senator who won due to vote splitting was [[conservative]] [[James Buckley]] in New York in 1970.  But victories due to vote-splitting is quite rare.

A senator who won due to vote splitting was [[conservative]] [[James Buckley]] in New York in 1970.  But victories due to vote-splitting is quite rare.

'''VIII. Issues'''

===VIII. Issues===

1. The controversy arose when the [[federal]] [[government]] established a “do not call list” and prohibit companies from calling numbers on the list.  [[Congress]], [[Senate]], the [[President]], and apparently a majority of the public felt strongly that this is desirable and [[constitution]]al.  Many people are tired of being interrupted during dinner by a [[telemarketer]] calling to solicit business.  What do you think?  What about free speech and free enterprise?

1. The controversy arose when the [[federal]] [[government]] established a “do not call list” and prohibit companies from calling numbers on the list.  [[Congress]], [[Senate]], the [[President]], and apparently a majority of the public felt strongly that this is desirable and [[constitution]]al.  Many people are tired of being interrupted during dinner by a [[telemarketer]] calling to solicit business.  What do you think?  What about free speech and free enterprise?