Changes

==I. Introduction==

==I. Introduction==

The most popular [[season]] of the [[year]], Fall, is upon us. Hope your [[summer]] [[vacation]] was good, and not too short.

The most popular [[season]] of the [[year]], [[Fall]], is upon us. Hope your [[summer]] [[vacation]] was good, and not too short.

When my daughter heard I would be teaching this course in [[Conservapedia:American Government 101|American Government]], she complained, “Why not teach something useful instead? Even [[Mathematics|math]] would be better!”

When my daughter heard I would be teaching this course in [[Conservapedia:American Government 101|American Government]], she complained, “Why not teach something useful instead? Even [[Mathematics|math]] would be better!”

[[Mathematics|Math]] is important, but so is [[government]]. You cannot drive a [[Automobile|car]] without a license from [[government]]. You cannot own land without complying with [[government]]’s rules. It requires a [[government]] license to work as a [[doctor]], [[Attorney|lawyer]], accountant, [[architect]], electrician, undertaker, plumber and so on.

[[Mathematics|Math]] is important, but so is [[government]]. You cannot drive a [[Automobile|car]] without a license from [[government]]. You cannot own land without complying with [[government]]’s rules. It requires a [[government]] license to work as a [[doctor]], [[Attorney|lawyer]], accountant, [[architect]], electrician, undertaker, plumber and so on.

You probably need a license to hunt, or own a gun. You even need a license to cut someone else’s hair for pay. You have to understand how [[government]] works in order to get anything done.

You probably need a license to hunt, or own a gun. You even need a license to cut someone else’s hair for pay. You have to understand how [[government]] works in order to get anything done.

When something bad happens, such as the [[bridge]] collapsing about a [[month]] ago in [[Minnesota]], we need to know which part of [[government]] is responsible. Was that [[President of the United States of America|President]] [[George W. Bush|Bush]]'s fault? How would you find out?  

When something bad happens, such as the [[bridge]] collapsing about a [[month]] ago in [[Minnesota]], we need to know which part of [[government]] is responsible. Was that [[President of the United States of America|President]] [[George W. Bush|Bush]]'s fault? How would you find out?  

With all its [[regulation]]s, [[government]] can seem to be all-powerful. But actually our [[government]] is limited in [[power]]. There is much that it cannot do. It cannot seize our land, unless it pays us for it. It typically cannot enter our homes, unless it has a [[warrant]].

With all its [[regulation]]s, [[government]] can seem to be all-[[power]]ful. But actually our [[government]] is limited in [[power]]. There is much that it cannot do. It cannot seize our land, unless it pays us for it. It typically cannot enter our homes, unless it has a [[warrant]].

We constantly see the [[President of the United States of America|President]] on [[television]]. This gives the impression that he, too, is all-powerful. But [[Homo Sapiens|people]] pretend he has more control than he really does. He cannot pass [[law]]s. He cannot declare war. He cannot remove any [[judge]]s or congressmen from office. Usually he cannot even stay in his job as [[President of the United States of America|President]] for more than two terms.

We constantly see the [[President of the United States of America|President]] on [[television]]. This gives the impression that he, too, is all-[[power]]ful. But [[Homo Sapiens|people]] pretend he has more control than he really does. He cannot pass [[law]]s. He cannot declare [[war]]. He cannot remove any [[judge]]s or [[congressman|congressmen]] from office. Usually he cannot even stay in his [[job]] as [[President of the United States of America|President]] for more than two terms.

There are also limits on what [[Congress]] and the [[Supreme Court]] can do. [[Congress]] cannot pass [[law]]s interfering with the [[power]]s of state [[government]]s. Congress can start wars, but cannot do much to stop them. The [[Supreme Court]], for its part, can only decide cases presented to it. The [[Court]] can declare [[law]]s passed by Congress to be unconstitutional.

There are also limits on what [[Congress]] and the [[Supreme Court]] can do. [[Congress]] cannot pass [[law]]s interfering with the [[power]]s of [[state]] [[government]]s. [[Congress]] can start [[war]]s, but cannot do much to stop them. The [[Supreme Court]], for its part, can only decide cases presented to it. The [[Court]] can declare [[law]]s passed by [[Congress]] to be [[unconstitutional]].

   

   

How do we know what the [[President of the United States of America|President]], Congress and the Supreme Court can and cannot do? They are all explained in one brief document: the [[United States Constitution]].

How do we know what the [[President of the United States of America|President]], [[Congress]] and the [[Supreme Court]] can and cannot do? They are all explained in one brief document: the [[United States Constitution]].

Look on page 317 of your textbook. There it is, the entire [[United States Constitution]]. Without the [[Amendment]]s and signatures, it is only 12 pages long: pp. 317-28. If you truly learn those 12 pages, then you will know more than most [[Attorney|lawyer]]s, politicians, [[college]] graduates, and 99% of the population. It’s that simple.

Look on page 317 of your textbook. There it is, the entire [[United States Constitution]]. Without the [[Amendment]]s and signatures, it is only 12 pages long: pp. 317-28. If you truly learn those 12 pages, then you will know more than most [[Attorney|lawyer]]s, [[politician]]s, [[college]] graduates, and 99% of the population. It’s that simple.

If you ever want to be a [[Attorney|lawyer]], you will have to pass the [[Bar exam]]. One-quarter of the exam consists of questions about the Constitution. Most [[Homo Sapiens|people]], even after [[law]] school, don’t know it very well. Most politicians don’t know it at all. We will.

If you ever want to be a [[Attorney|lawyer]], you will have to pass the [[Bar exam]]. One-quarter of the exam consists of [[question]]s about the [[Constitution]]. Most [[Homo Sapiens|people]], even after [[law]] school, don’t know it very well. Most [[politician]]s don’t know it at all. We will.

It will help you to read, and reread, those 12 pages, and constantly refer to them throughout the course. Put a post-it or paperclip on page 317 to mark it for easy reference. When you hear news about our national [[government]], refer to the [[Constitution]] see what it gives it a particular [[power]].

It will help you to read, and reread, those 12 pages, and constantly refer to them throughout the course. Put a post-it or paperclip on page 317 to mark it for easy reference. When you hear news about our national [[government]], refer to the [[Constitution]] see what it gives it a particular [[power]].

==II. Purpose of Course==

==II. Purpose of Course==

Whenever you take a course, or do anything, ask yourself why you are doing it. In the parable of the [[Prodigal Son]] (Luke 15:11-24), the son left his father, lost everything, and became very hungry. The turning point was when he finally questioned his own conduct. What was the logic to it? He realized his behavior made no sense, and then changed. Imagine how much better off everyone would be if they questioned their own conduct that way. There would be no drug addicts, for example.

Whenever you take a course, or do anything, ask yourself why you are doing it. In the [[parable]] of the [[Prodigal Son]] (Luke 15:11-24), the son left his father, lost everything, and became very hungry. The turning point was when he finally questioned his own conduct. What was the logic to it? He realized his behavior made no sense, and then changed. Imagine how much better off everyone would be if they [[question]]ed their own conduct that way. There would be no [[drugs|drug]] addicts, for example.

In the acclaimed movie “[[A Beautiful Mind]],” the professor began his class by asking the question: “Why are you here?” The better answer you can give, the better you will do. I’m very glad you are here, but you should be able to explain your own goals in being here.

In the acclaimed movie “[[A Beautiful Mind]],” the [[professor[[ began his class by asking the [[question]]: “Why are you here?” The better [[answer]] you can give, the better you will do. I’m very glad you are here, but you should be able to explain your own goals in being here.

Let me ask myself: why am I teaching this course? Because I know that many of you will become experts in [[government]] as a result. You will use your knowledge for the benefit of everyone. Maybe you will limit [[government]], or maybe you will improve it, or both. Or maybe you will use [[government]] to accomplish something more important in the [[free market]].

Let me ask myself: why am I teaching this course? Because I know that many of you will become experts in [[government]] as a result. You will use your [[knowledge]] for the benefit of everyone. Maybe you will limit [[government]], or maybe you will improve it, or both. Or maybe you will use [[government]] to accomplish something more important in the [[free market]].

In this course you will learn how our system works, how things are done, and what can be done better. This is more of a problem-solving course than history is. We will cite history in passing, but our focus is on what the system is, rather than how it developed. Of course, you can learn a great deal of history while taking this course.

In this course you will learn how our system works, how things are done, and what can be done better. This is more of a [[problem]]-solving course than [[history]] is. We will cite [[history]] in passing, but our [[focus]] is on what the system is, rather than how it developed. Of course, you can learn a great deal of [[history]] while taking this course.

In history, a student must learn many facts, without having time to focus on a particular document or event. In contrast, here we will learn a few things in great depth.

In [[history]], a student must learn many facts, without having time to focus on a particular document or event. In contrast, here we will learn a few things in great depth.  

In history, a student learns by reading a great deal of material. In contrast, here we will learn by writing and problem-solving.

In history, a student learns by reading a great deal of material. In contrast, here we will learn by [[writing]] and [[problem]]-solving.

Doing well on the homework is the key to this course. Each week, I will assign about a dozen questions. They will be interesting and thought-provoking. The first questions require only short answers, while the later questions require increasingly longer answers. I will grade the homework on a scale of 1 to 99, with an opportunity for extra credit. I will rank the top scorers. The book also has multiple-choice questions at the end of each chapter, and you should report your score on your homework, although that will not count towards ranking the top students.

Doing well on the homework is the key to this course. Each week, I will assign about a dozen [[question]]s. They will be interesting and thought-provoking. The first [[question]]s require only short [[answer]s, while the later [[question]]s require increasingly longer [[answer]]s. I will grade the homework on a scale of 1 to 99, with an opportunity for extra credit. I will rank the top scorers. The book also has multiple-choice [[question]]s at the end of each chapter, and you should report your score on your homework, although that will not count towards ranking the top students.

Occasionally we will have tests, but they will be easy for those who do well on the homework.

Occasionally we will have tests, but they will be easy for those who do well on the homework.

==III. Textbook==

==III. Textbook==

The textbook is “U.S. [[Government]] and Politics,” by Paul Soifer. We are skipping the first 30 pages. The book is based on the Advanced Placement exam, which is similar to the CLEP exam that you can take at the end of this course.

The textbook is “U.S. [[Government]] and [[Politics]],” by Paul Soifer. We are skipping the first 30 pages. The [[book]] is based on the Advanced Placement exam, which is similar to the CLEP exam that you can take at the end of this course.

I like the book for several reasons. It has great reference material in the appendices (pp. 303-47): a helpful glossary, a well-formatted copy of the Constitution, and an easy-to-use list of important Supreme Court cases. Its layout of the Constitution is the best I’ve seen. Refer to the appendices in the textbook constantly during the course. Use them in class, and use them when doing the homework.

I like the [[book]] for several reasons. It has great reference material in the [[appendix|appendices]] (pp. 303-47): a helpful glossary, a well-formatted copy of the [[Constitution]], and an easy-to-use list of important [[Supreme Court]] cases. Its layout of the [[Constitution]] is the best I’ve seen. Refer to the [[appendix|appendices]] in the textbook constantly during the course. Use them in class, and use them when doing the homework.

You could benefit from adding more terms to the glossary during this course. Here’s one: [[suffrage]] (pronunciation \SUH-frij\). It is a noun, and it means “the right of voting, franchise.” You could create a list of new terms on a separate piece of paper, and insert it with the book’s glossary for easy reference.

You could benefit from adding more terms to the glossary during this course. Here’s one: [[suffrage]] (pronunciation \SUH-frij\). It is a noun, and it means “the right of [[vote|voting]], franchise.” You could create a list of new terms on a separate piece of paper, and insert it with the [[book]]’s glossary for easy reference.

The textbook also has many multiple choice questions at the end of each chapter. This is good to increase motivation and generate immediate feedback on how well you learned the chapter. Each week, we will complete a chapter and then you will test yourself on the multiple choice quiz. You will turn in your score as part of your homework.

The textbook also has many multiple choice [[question]]s at the end of each chapter. This is good to increase motivation and generate immediate feedback on how well you learned the chapter. Each week, we will complete a chapter and then you will test yourself on the multiple choice quiz. You will turn in your score as part of your homework.

The readings are short, and you should not take the chapter quiz until you feel you understand the chapter. Reread it if necessary. Study it.

The readings are short, and you should not take the chapter quiz until you feel you understand the chapter. Reread it if necessary. Study it.

Think of this course as though you were learning how a [[Automobile|car]] works, or how to bake a cake. You need to understand the components and ingredients that make up the overall product. The goal is to learn how things work, how to do things, and how to solve problems. The key is to find issues that particularly interest you, and then learn as much as you can in connection with those issues. THIS IS IMPORTANT: find issues you like in this course and use them to increase your motivation.

Think of this course as though you were learning how a [[Automobile|car]] works, or how to bake a [[cake]]. You need to understand the components and ingredients that make up the overall product. The goal is to learn how things work, how to do things, and how to solve [[problem]]s. The key is to find [[issue]]s that particularly interest you, and then learn as much as you can in connection with those [[issue]]s. THIS IS IMPORTANT: find [[issue]]s you like in this course and use them to increase your motivation.

==IV. “Federal”==

==IV. “Federal”==

[[The Constitution]] set up our [[federal]] [[government]]. What does “federal” mean? In this context, it means national: the United States [[government]] headquartered in [[Washington, D.C.]] [[President of the United States of America|President]] [[George W. Bush]]. Congressmen. Senators. U.S. Supreme Court. The [[Homo Sapiens|people]] you often see on [[television]] or in the newspaper. These terms have the same meaning: “national [[government]],” “federal [[government]],” and “United States [[government]].” They are completely different from “state [[government]],” and “city [[government]]” or “local [[government]].”

[[The Constitution]] set up our [[federal]] [[government]]. What does “ [[federal]] ” mean? In this context, it means national: the [[United States of America|United States]] [[government]] headquartered in [[Washington, D.C.]] [[President of the United States of America|President]] [[George W. Bush]]. [[Congressman|Congressmen]]. [[Senator]]s. [[U.S. Supreme Court]]. The [[Homo Sapiens|people]] you often see on [[television]] or in the [[newspaper]]. These terms have the same meaning: “national [[government]],” “ [[federal]] [[government]],” and “[[United States of America|United States]] [[government]].” They are completely different from “[[state]] [[government]],” and “[[city]] [[government]]” or “[[local government]].”

The first political party in the country was the “[[Federalist Party]]”. It stood for a stronger federal [[government]]. [[Alexander Hamilton]] founded it to help pass his program of a national bank and assumption by the federal [[government]] of all the war debts. He used it to impose a federal liquor tax, which resulted in the Whiskey Rebellion in 1794. Look up the term “Federalist Party” on page 307 in the textbook.

The first [[political parties|political party]] in the [[country]] was the “[[Federalist Party]]”. It stood for a stronger [[federal]] [[government]]. [[Alexander Hamilton]] founded it to help pass his program of a national [[bank]] and assumption by the [[federal]] [[government]] of all the [[war]] [[debt]]s. He used it to impose a [[federal]] [[alcoholic drinks|liquor]] [[tax]], which resulted in [[the Whiskey Rebellion]] in 1794. Look up the term “[[Federalist Party]]” on page 307 in the textbook.

Do you know the difference between federal and state [[government]]? Look in your phone book. You’ll see they are usually listed in separate categories. Let’s take some examples. Who handles drivers licenses?   (state) [[Social Security]]? (federal) Sales tax on computers? (state) Sales tax on gas? (both federal and state are included in the price at the pump) [[Public schools]]? (local) Post office? (federal) Libraries? (local) Army? (federal) Security guards at airports? (mostly federal now, due to 9/11) Traffic court? (local) Police? (local) Imagine you want to start a business and trademark the name of your business. Who controls trademarks? (mostly federal, see http://www.uspto.gov/, states can also protect business names)

Do you know the difference between [[federal]] and [[state]] [[government]]? Look in your [[telephone|phone]] book. You’ll see they are usually listed in separate [[category|categories]]. Let’s take some examples. Who handles drivers licenses? ([[state]]) [[Social Security]]? ( [[federal]] ) [[Sales tax]] on [[computer]]s? (state) [[Sales tax]] on [[gasoline|gas]]? (both [[federal]] and [[state]] are included in the [[price]] at the pump) [[Public schools]]? (local) [[United States Postal Service |Post office]]? ( [[federal]] ) Libraries? (local) [[Army]]? (federal) Security guards at [[airport]]s? (mostly [[federal]] now, due to [[September 11, 2001 attacks|9/11]]) Traffic [[court]]? (local) [[Police]]? (local) Imagine you want to start a [[business]] and [[trademark]] the name of your [[business]]. Who controls [[trademark]]s? (mostly [[federal]] , see http://www.uspto.gov/, [[state]]s can also protect [[business]] names)

How about this one: what is Federal Express? They deliver overnight packages, guaranteed. Is it part of the federal [[government]]? Nope. It is completely private. They use the name “federal” to make them look official. They have nothing to do with the [[government]].

How about this one: what is [[Federal Express]]? They deliver overnight packages, guaranteed. Is it part of the [[federal]] [[government]]? Nope. It is completely private. They use the name “ [[federal]] ” to make them look official. They have nothing to do with the [[government]].

When you see [[government]] officials, think of whether they are federal or not. Why does it matter?  

When you see [[government]] officials, think of whether they are [[federal]] or not. Why does it matter?  

It makes a big difference. First of all, you have to know who to call. If the garbage man isn’t picking up your garbage, it doesn’t help to call the White House. The governor isn’t going to help you either. Neither is the Supreme Court. You should try calling your municipal building, where your mayor works. But if your grandfather’s [[Social Security]] check didn’t arrive, your mayor isn’t going to be able to help. You need to contact the appropriate federal agency. Maybe your Congressman can help if you cannot obtain answers from the federal [[government]].

It makes a big difference. First of all, you have to know who to call. If the garbage man isn’t picking up your garbage, it doesn’t help to call the [[White House]]. The [[governor]] isn’t going to help you either. Neither is the [[Supreme Court]]. You should try calling your municipal building, where your [[mayor]] works. But if your grandfather’s [[Social Security]] check didn’t arrive, your [[mayor]] isn’t going to be able to help. You need to contact the appropriate [[federal]] [[agency]]. Maybe your [[Congressman]] can help if you cannot obtain [[answer]]s from the [[federal]] [[government]].

Second, if you ever reach the right person on the phone, you need to know what you say. What are your rights? What are the [[government]]’s obligations? Federal officials must comply with federal [[law]], while state and local officials must also comply with specific obligations imposed by state [[law]]. The [[law]]s are completely different from each other. Federal [[law]] is in the United States Code. The cites to it look like “17 U.S.C. § 107” (this section allows fair use of [[copyright]]ed material). State [[law]] is in an entirely separate code book. The cites to it include an abbreviation of the state, as in “N.J.S.A. § 18A:35-4.7” (this section allows [[New Jersey]] parents to pull their children out of certain courses in [[public school]]).

Second, if you ever reach the right person on the [[telephone|phone]], you need to know what you say. What are your [[rights]]? What are the [[government]]’s [[obligation]]s? [[federal]] officials must comply with [[federal]] [[law]], while [[state]] and local officials must also comply with specific [[obligation]]s imposed by [[state]] [[law]]. The [[law]]s are completely different from each other. [[federal]] [[law]] is in the United States Code. The cites to it look like “[[17 U.S.C. § 107]]” (this section allows fair use of [[copyright]]ed material). [[State]] [[law]] is in an entirely separate code book. The cites to it include an abbreviation of the [[state]], as in “N.J.S.A. § 18A:35-4.7” (this section allows [[New Jersey]] [[parents]] to pull their [[children]] out of certain courses in [[public school]]).

Third, if you’re thinking about working for [[government]], you need to know who to apply to. Don’t apply to state [[government]] for a job at the IRS. It’s federal. Don’t apply to [[President of the United States of America|President]] [[George W. Bush|Bush]] for a job as a public school teacher.

Third, if you’re thinking about working for [[government]], you need to know who to apply to. Don’t apply to [[state]] [[government]] for a [[job]] at the [[Internal Revenue Service|IRS]]. It’s [[federal]] . Don’t apply to [[President of the United States of America|President]] [[George W. Bush|Bush]] for a [[job]] as a [[public school]] [[teacher]].

There are other differences between federal and state [[government]]. Federal jobs often pay better and are more secure. They are backed by [[IRS]] tax collections of the United States. They often work in bigger and nicer buildings. One summer I worked in a federal building in D.C., and it was so big that one employee used the hallways as a track for jogging!

There are other differences between [[federal]] and [[state]] [[government]]. [[federal]] [[job]]s often pay better and are more secure. They are backed by [[Internal Revenue Service|IRS]] [[tax]] collections of the [[United States of America|United States]]. They often work in bigger and nicer buildings. One summer I worked in a [[federal]] building in [[Wahington D.C>|D.C.]], and it was so big that one employee used the hallways as a track for jogging!

Federal officials generally have more [[power]] than state officials. The [[Supremacy Clause]] of the Constitution, which is in Article VI (see p. 328), says that federal [[law]] is supreme. You are not likely to hear about a state police officer arresting an [[FBI]] agent, because he is a federal officer.

Federal officials generally have more [[power]] than [[state]] officials. The [[Supremacy Clause]] of the Constitution, which is in Article VI (see p. 328), says that [[federal]] [[law]] is supreme. You are not likely to hear about a [[state]] police officer arresting an [[FBI]] agent, because he is a [[federal]] officer.

About 15 years ago in Wayne, New Jersey, the [[FBI]] arrested the mayor. They didn’t even bother telling the local police, who thought he had been kidnapped. Not only do the federal and state [[government]] fail to communicate with each other, they often fight each other for control.

About 15 years ago in Wayne, New Jersey, the [[FBI]] arrested the [[mayor]]. They didn’t even bother telling the local [[police]], who thought he had been kidnapped. Not only do the [[federal] and [[state]] [[government]] fail to communicate with each other, they often fight each other for control.

But sometimes local officials have more [[power]] than federal officials. The superintendent for a public school district often makes more money than the Congressman or Senator, and has more influence too. And if you ever receive a traffic ticket, I guarantee you will care more about the municipal judge than the [[President of the United States of America|president]].

But sometimes local officials have more [[power]] than [[federal]] officials. The superintendent for a public school district often makes more money than the Congressman or Senator, and has more influence too. And if you ever receive a traffic ticket, I guarantee you will care more about the municipal judge than the [[President of the United States of America|president]].

How about the [[media]]? Which [[government]] does the media pay more attention to? The federal [[government]], by far. Why? Because it is more profitable for the media, and easier. It much simpler and cheaper simply to wake up each day and report on what the [[President of the United States of America|president]] is doing, whether it is newsworthy or not. That is one quick story to tell to the entire country. To report on each state would require 50 different stories, at 50 times the expense. The media would go broke trying to do that. You’ll almost never see your mayor, local school, Congressman or even governor on [[CNN]] or [[Fox News]]. It doesn’t mean they are less important than the [[President of the United States of America|president]].

How about the [[media]]? Which [[government]] does the [[media]] pay more attention to? The [[federal]] [[government]], by far. Why? Because it is more profitable for the [[media]], and easier. It much simpler and cheaper simply to wake up each day and report on what the [[President of the United States of America|president]] is doing, whether it is newsworthy or not. That is one quick story to tell to the entire [[country]]. To report on each [[state]] would require 50 different stories, at 50 times the expense. The [[media]] would go broke trying to do that. You’ll almost never see your [[mayor]], local school, [[Congressman]] or even [[governor]] on [[CNN]] or [[Fox News]]. It doesn’t mean they are less important than the [[President of the United States of America|president]].

The federal [[government]] has three branches: executive (the [[President of the United States of America|president]]), legislative (Congress) and the judiciary (the Supreme Court). Each branch employs thousands of [[Homo Sapiens|people]]. The executive branch even employs millions, including the armed services.

The [[federal]] [[government]] has three branches: [[executive]] (the [[President of the United States of America|president]]), legislative ([[Congress]]) and the judiciary (the [[Supreme Court]]). Each branch employs [[powers of ten|thousands]] of [[Homo Sapiens|people]]. The [[executive]] branch even employs [[powers of ten|millions]], including the armed services.

==V. U.S. Constitution==

==V. U.S. [[Constitution]]==

Over 225 years ago, in 1781, there was no federal [[government]]. Then the colonies agreed on the [[Articles of Confederation]], but that created a federal [[government]] with very few [[power]]s. The colonies retained all the [[power]]. Why did they ultimately give up [[power]] to the federal [[government]] we have today?

Over 225 years ago, in 1781, there was no [[federal]] [[government]]. Then the [[colony|colonies]] agreed on the [[Articles of Confederation]], but that created a [[federal]] [[government]] with very few [[power]]s. The [[colony|colonies]] retained all the [[power]]. Why did they ultimately give up [[power]] to the [[federal]] [[government]] we have today?

Had they known what was happening, maybe they never would have. 55 colonial leaders met in [[Philadelphia]] during the hot summer of 1787 to fix the [[Articles of Confederation]], and decided instead to propose an entirely new Constitution with a powerful new federal [[government]]. Their meetings were held in secret, so no one knew what they were doing.

Had they known what was happening, maybe they never would have. 55 [[colony|colonial]] leaders met in [[Philadelphia]] during the hot [[summer]] of 1787 to fix the [[Articles of Confederation]], and decided instead to propose an entirely new [[Constitution]] with a [[power]]ful new [[federal]] [[government]]. Their meetings were held in secret, so no one knew what they were doing.

They began each session with a prayer. Their final product, the Constitution, was a marvelous legal document. Together these 55 individuals created something much greater than any could have produced individually. It established a national, [[republican]] [[government]] with limited [[power]]s.

They began each session with a [[prayer]]. Their final product, the [[Constitution]], was a marvelous [[law|legal]] document. Together these 55 individuals created something much greater than any could have produced individually. It established a national, [[republican]] [[government]] with limited [[power]]s.

What is a republican [[government]]? It means the [[Homo Sapiens|people]] elect representatives to elect lawmakers and create [[law]]s. It has a layer of protection against a pure democracy in which the public directly decides issues.

What is a [[republican]] [[government]]? It means the [[Homo Sapiens|people]] [[election|elect]] representatives to [[election|elect]] [[law]]makers and create [[law]]s. It has a layer of protection against a pure [[democracy]] in which the public directly decides [[issue]]s.

Contrary to what you may hear today, our Founders did not like pure democracies. They worried about tyranny by the uninformed masses. They wanted a select group of [[Homo Sapiens|people]] making our [[law]]s.

Contrary to what you may hear today, our [[Founding Fathers|Founders]] did not like pure [[democracy|democracies]]. They worried about tyranny by the uninformed masses. They wanted a select group of [[Homo Sapiens|people]] making our [[law]]s.

An example is our electoral college. Al Gore won more votes than [[George W. Bush]], but [[George W. Bush|Bush]] won more votes in the [[electoral college]]. Our [[President of the United States of America|president]] is not chosen directly by the [[Homo Sapiens|people]]. He is chosen by the [[Electoral College]]. Another example is the original procedure for choosing U.S. Senators. State legislators selected them, not the general public. (This was changed by the 17th Amendment in 1913 - see textbook p. 334)

An example is our [[electoral college]]. [[Al Gore]] won more [[vote]]s than [[George W. Bush]], but [[George W. Bush|Bush]] won more [[vote]s in the [[electoral college]]. Our [[President of the United States of America|president]] is not chosen directly by the [[Homo Sapiens|people]]. He is chosen by the [[Electoral College]]. Another example is the original procedure for choosing [[United States of America|U.S.]] [[Senator]]s. [[state]] legislators selected them, not the general public. (This was changed by the [[Seventeenth Amendment|17th Amendment]] in 1913 - see text[[book]] p. 334)

The Constitution limits the [[power]] of the national [[government]] in several ways:

The [[Constitution]] limits the [[power]] of the national [[government]] in several ways:

1. By listing specific [[power]]s (e.g., running a post office).

1. By listing specific [[power]]s (e.g., running a post office).

<br>2. By creating three branches as “[[checks and balances]]” on each other.

<br>2. By creating three branches as “[[checks and balances]]” on each other.

<br>3. By making it difficult for one branch to act alone, without agreement by another branch.

<br>3. By making it difficult for one branch to act alone, without agreement by another branch.

<br>4. By later adding a Bill of Rights to protect the [[Homo Sapiens|people]] further.

<br>4. By later adding a [[Bill of Rights]] to protect the [[Homo Sapiens|people]] further.

The original Constitution also includes a few restrictions on the states, and even established a few individual rights.

The original [[Constitution]] also includes a few restrictions on the [[state]]s, and even established a few individual [[rights]].

The general rule is that the federal [[government]] only has the [[power]]s given it by the Constitution. States have any [[power]] that is not denied them by the Constitution. THIS IS ONE OF THE MOST IMPORTANT POINTS IN THIS COURSE. [[James Madison]] said it this way: “The [[power]]s delegated by the proposed Constitution to the federal [[government]] are few and defined. Those which are to remain in the State [[government]]s are numerous and indefinite.” Federalist No. 45.

The general rule is that the [[federal]] [[government]] only has the [[power]]s given it by the [[Constitution]]. [[State]]s have any [[power]] that is not denied them by the [[Constitution]]. THIS IS ONE OF THE MOST IMPORTANT POINTS IN THIS COURSE. [[James Madison]] said it this way: “The [[power]]s delegated by the proposed [[Constitution]] to the [[federal]] [[government]] are few and defined. Those which are to remain in the [[state]] [[government]]s are numerous and indefinite.” [[Federalist No. 45]].

What specific [[power]]s are given to the federal [[government]]?

What specific [[power]]s are given to the [[federal]] [[government]]?

Article I - Congress. This sets forth its [[power]]s and limits.

Article I - [[Congress]]. This sets forth its [[power]]s and limits.

<br> Section 1 - Two parts of Congress ([[bicameral]])  

<br> Section 1 - Two parts of [[Congress]] ([[bicameral]])  

<br> Section 2 - House Term and Method of Election

<br> Section 2 - House Term and Method of [[Election]]

<br> Section 3 - Senate Term, Method of Election, and Vote

<br> Section 3 - [[Senate]] Term, Method of [[Election]], and [[Vote]]

<br> Section 4 - Elections

<br> Section 4 - [[Election]]s

<br> Section 5 - Rules

<br> Section 5 - Rules

<br> Section 6 - Compensation and Immunities

<br> Section 6 - Compensation and Immunities

<br> Section 7 - Enacting Legislation, and [[Veto]]

<br> Section 7 - Enacting [[Legislation]], and [[Veto]]

<br> Section 8 - [[Power]]s of Congress

<br> Section 8 - [[Power]]s of Congress

<br> some exclusive (e.g., Post Office), some not (e.g., bankruptcy [[law]]s)

<br> some exclusive (e.g., [[United States Postal Service|Post Office]]), some not (e.g., [[bankruptcy]] [[law]]s)

<br> Section 9 - Limits on Congress

<br> Section 9 - Limits on [[Congress]]

<br> Section 10 - Limits on States

<br> Section 10 - Limits on [[State]]s

<br>Article II - [[President of the United States of America|President]]. This sets forth his [[power]]s and limits.

<br>Article II - [[President of the United States of America|President]]. This sets forth his [[power]]s and limits.

<br>Article III - Courts. Establishes courts and the ability of Congress to define its [[power]].

<br>Article III - [[Court]]s. Establishes [[court]]s and the ability of [[Congress]] to define its [[power]].

<br>Article IV - States. They must respect other states’ [[law]]s, and requests to transfer criminals.

<br>Article IV - [[State]]s. They must respect other [[state]]s’ [[law]]s, and requests to transfer criminals.

<br>Article V - Amendment process.

<br>Article V - [[Amendment]] process.

<br>Article VI – Supremacy Clause: federal [[law]] is supreme to state [[law]].

<br>Article VI – [[Supremacy Clause]]: [[federal]] [[law]] is supreme to [[state]] [[law]].

<br>Article VII – ratification process for Constitution itself.

<br>Article VII – ratification process for [[Constitution]] itself.

<br>[[Bill of Rights]] – additional protection against [[government]] [[power]].

<br>[[Bill of Rights]] – additional protection against [[government]] [[power]].

The most important part of the Constitution to understand is Article I. The Founders viewed Congress as more important than the [[President of the United States of America|president]] or Supreme Court.

The most important part of the [[Constitution]] to understand is [[Article I]]. The [[Founding Fathers|Founders]] viewed [[Congress]] as more important than the [[President of the United States of America|president]] or [[Supreme Court]].

==VI. [[Checks and Balances]]/[[Separation of Powers]]==

==VI. [[Checks and Balances]]/[[Separation of Powers]]==

The phrase “[[checks and balances]]” is one of the most popular terms used in connection with the Constitution. You’ll hear it on [[television]] and see it in the newspaper. It refers to the [[separation of powers]] between the three branches of the federal [[government]], and how one branch will act to limit the [[power]] of a competing branch.

The phrase “[[checks and balances]]” is one of the most popular terms used in connection with the [[Constitution]]. You’ll hear it on [[television]] and see it in the [[newspaper]]. It refers to the [[separation of powers]] between the three branches of the [[federal]] [[government]], and how one branch will act to limit the [[power]] of a competing branch.

For example, Congress insisted that [[President of the United States of America|President]] [[George W. Bush|Bush]] not invade [[Iraq]] unless Congress first authorized it. This “checked” the [[power]] of the presidency. It added “balance” to our [[government]] by ensuring that the [[President of the United States of America|president]] could not act alone, but needed agreement by Congress.

For example, [[Congress]] insisted that [[President of the United States of America|President]] [[George W. Bush|Bush]] not invade [[Iraq]] unless [[Congress]] first authorized it. This “checked” the [[power]] of the [[president|presidency]]. It added “balance” to our [[government]] by ensuring that the [[President of the United States of America|president]] could not act alone, but needed agreement by [[Congress]].

Another example is how the Supreme Court invalidates acts of Congress as unconstitutional. The Court thereby “checks” the [[power]] of Congress. Congress is “balanced” by the counterweight of the Court. Query: who “checks and balances” the Supreme Court? Ponder that question.  

Another example is how the [[Supreme Court]] invalidates acts of [[Congress]] as [[unconstitutional]]. The [[Court]] thereby “checks” the [[power]] of [[Congress]]. [[Congress]] is “balanced” by the counterweight of the [[Court]]. Query: who “checks and balances” the [[Supreme Court]]? Ponder that [[question]].  

The “[[separation of powers]]” between the three branches (executive, legislative, and judicial) represents the same idea. It keeps the three branches apart from each other so that one does not gradually gain control over the other. Without the separation, one branch could influence and dominate another branch.

The “[[separation of powers]]” between the three branches ([[Executive Branch|executive]], [[Legislative Branch|legislative]], and [[Judicial Branch|judicial]]) represents the same idea. It keeps the three branches apart from each other so that one does not gradually gain control over the other. Without the [[Separation of Powers|separation]], one branch could influence and dominate another branch.

Occasionally, something blurs the distinction between the three branches. In response to extravagant spending by the federal [[government]], Congress passed a [[law]] giving the [[President of the United States of America|president]] [[power]] to veto expenses on a line-by-line basis. This is known as the line-item veto. Many states already give their governor this [[power]]. It enables the chief executive ([[President of the United States of America|president]] or governor) to approve legislation but to pluck out and remove certain expenses in it. For example, new legislation may authorize money for the war on Iraq but also include building a new dam in [[Oregon]]. The [[power]] of the line-item veto would enable the [[President of the United States of America|president]] to approve the funding of the war but strike out the funding of the new dam. He would thereby modify the legislation before signing it. Query: does the line-item veto violate the [[separation of powers]] between the [[President of the United States of America|president]] and Congress? (The Supreme Court said yes, and invalidated the line-item veto).

Occasionally, something blurs the distinction between the three branches. In response to extravagant spending by the [[federal]] [[government]], [[Congress]] passed a [[law]] giving the [[President of the United States of America|president]] [[power]] to [[veto]] expenses on a line-by-line basis. This is known as the line-item [[veto]]. Many [[state]]s already give their [[governor]] this [[power]]. It enables the chief [[executive]] ([[President of the United States of America|president]] or [[governor]]) to approve [[legislation]] but to pluck out and remove certain expenses in it. For example, new [[legislation]] may authorize [[money]] for the [[war]] on [[Iraq]] but also include building a new [[dam]] in [[Oregon]]. The [[power]] of the line-item [[veto]] would enable the [[President of the United States of America|president]] to approve the funding of the [[war]] but strike out the funding of the new [[dam]]. He would thereby modify the [[legislation]] before signing it. Query: does the line-item [[veto]] violate the [[separation of powers]] between the [[President of the United States of America|president]] and Congress? (The [[Supreme Court]] said yes, and invalidated the line-item [[veto]]).

==VII. Issues to Consider (Optional - extra credit)==

==VII. Issues to Consider (Optional - extra credit)==

Each class, we will conclude with a set of issues to consider. The goal is to spark your interest. Here are the first ones:

Each class, we will conclude with a set of [[issue]]s to consider. The goal is to spark your interest. Here are the first ones:

1. Should Congress limit judicial review, as in the Ten Commandments case?

1. Should [[Congress]] limit [[Judicial Review|judicial review]], as in [[the Ten Commandments]] case?

Article III subjects the jurisdiction of the federal courts to the [[power]] of Congress. This is rarely used. But now that federal courts have ordered removal of the [[Ten Commandments]] from the Alabama Supreme Court and also invalidated the [[Pledge of Allegiance]], perhaps the time has come for Congress to remove authority from the federal courts. What, if anything, would you remove from the [[power]] of the federal courts?

[[Article III]] subjects the [[jurisdiction]] of the [[federal]] [[court]]s to the [[power]] of [[Congress]]. This is rarely used. But now that [[federal]] [[court]]s have ordered removal of [[the Ten Commandments]] from the [[Alabama]] [[Supreme Court]] and also invalidated the [[Pledge of Allegiance]], perhaps the [[time]] has come for [[Congress]] to remove authority from the [[federal]] [[court]]s. What, if anything, would you remove from the [[power]] of the [[federal]] [[court]]s?

2. The Commerce Clause grants the federal [[government]] control over interstate commerce – i.e., trade between citizens living in different states. Courts have interpreted this to prevent states from taxing interstate purchases. When you order something from a company in a different state, there is no sales tax. For example, if you are in New Jersey and order a book from amazon.com, you do not pay any sales tax. If you buy that same book at a local bookstore, you must pay sales tax. Is this fair? Should states have the [[power]] to impose sales tax on purchases by out-of-state residents? (J.D. Manufact. Co. v. Storen, 304 U.S. 307 (1938))

2. The [[Commerce Clause]] grants the [[federal]] [[government]] control over interstate [[commerce]] – i.e., [[trade]] between [[citizens]] living in different [[state]]s. [[Court]]s have interpreted this to prevent [[state]]s from [[tax]]ing interstate purchases. When you order something from a [[company]] in a different [[state]], there is no [[sales tax]]. For example, if you are in [[New Jersey]] and order a [[book]] from amazon.com, you do not pay any [[sales tax]]. If you buy that same [[book]] at a local [[book]]store, you must pay [[sales tax]]. Is this fair? Should [[state]]s have the [[power]] to impose [[sales tax]] on purchases by out-of-[[state]] residents? (J.D. Manufact. Co. v. Storen, 304 U.S. 307 (1938))

3. Eliminate certain [[government]] operations entirely?

3. Eliminate certain [[government]] operations entirely?

There was a time when we did not have a federal [[government]]. For over ten years after the [[Declaration of Independence]], we even lacked a [[President of the United States of America|President]]. Many did not see any problem with that. Think about what we need [[government]] for, and what we could do better without [[government]] involvement. Take the [[Post Office]], for example, which was one of the first functions of federal [[government]]. We can mail a letter to anywhere in the [[United States]] and, for a mere 41 cents, it will be delivered within a few days. [[Federal Express]] charges 30 times as much, though it will deliver it faster. Yet the Postal Service delivers more mail in one day than [[Federal Express]] delivers in an entire year. The [[government]] asserts a monopoly over ordinary mail delivery (expensive urgent delivery, like that provided by Federal Express, received an exemption from the Postal Service, 39 C.F.R. § 320.6). If you set up a mail delivery service in your town, then the [[government]] would force you to stop. Do you agree with that policy? Would we be better off with a less powerful federal [[government]]? Would it be wise to eliminate the federal [[government]]?

There was a [[time]] when we did not have a [[federal]] [[government]]. For over [[powers of ten|ten]] [[year]]s after the [[Declaration of Independence]], we even lacked a [[President of the United States of America|President]]. Many did not see any [[problem]] with that. Think about what we need [[government]] for, and what we could do better without [[government]] involvement. Take the [[Post Office]], for example, which was one of the first functions of [[federal]] [[government]]. We can mail a letter to anywhere in the [[United States]] and, for a mere 41 cents, it will be delivered within a few [[day]]s. [[Federal Express]] charges 30 times as much, though it will deliver it faster. Yet the [[United States Postal Service|Postal Service]] delivers more mail in one day than [[Federal Express]] delivers in an entire [[year]]. The [[government]] asserts a [[monopoly]] over ordinary mail delivery (expensive urgent delivery, like that provided by [[Federal]] Express, received an exemption from the [[United States Postal Service|Postal Service]], 39 C.F.R. § 320.6). If you set up a mail delivery service in your town, then the [[government]] would force you to stop. Do you agree with that policy? Would we be better off with a less [[power]]ful [[federal]] [[government]]? Would it be wise to eliminate the [[federal]] [[government]]?

[[Category:Homeschool Curriculum]]

[[Category:Homeschool Curriculum]]