If anyone wants clearer notes, feel free to email me @ chumieller@optonline.net. הצלחה רבה!! :)

Wednesday, October 28, 2009

US History and Government 3

The Bill of Rights= first ten amendments. There are a total of twenty seven amendments and the first ten were added almost immediately because there were people where people who were afraid that the federal government had too much power. They wanted that people’s rights and the states should be protected.

1. Religious and political freedom- granted the people with:
a. Freedom of religion- the Supreme Court decides the extent of this freedom. If a religion calls for something extreme, such as hallucinated drugs or human sacrifices, freedom of religion might still deny this action.
b. Freedom of speech
c. Freedom of the press
d. The right to assemble
e. The right to petition
2. The right to bear arms- every American has the right to own licensed weapons.
3. Quartering troops- one will never be asked to host troops during peace time. During war though, a law may be passed to require the housing of troops.
4. Search and seizure- this protects the citizen from an unwarranted search of the home. In the event of a warranted search, they must tell the citizen what they are searching for. There have been times in history though, that these rights were ignored such as during the Red Scare. There are some exceptions to the requirement of a search warrant:
a. Moving car
b. Seeing something in plain view
c. Border
5. Rights of the accused:
a. Remain silent- one never has to incriminate himself.
b. Double jeopardy is prohibited- one can’t be accused of the same crime twice.
c. Due process- every person has a fair chance under the law.
d. Eminent Domain- private property won’t be taken from its owner without compensation.
6. The right to a fair, speedy and public trail by an impartial jury in a criminal case.
7. The right to a fair, speedy and public trail by an impartial jury in a civil case.
8. Places limits on fines and punishment- cruel and unusual punishment is illegal. Capital punishment is legal- most states don’t use this form of punishment but some do with a lethal injection.
9. Rights of the people- any rights which were discussed in the constitution shouldn’t be interpreted in any way to abridge the rights of other people. This amendment is nicknamed the elastic clause because it can encompass anything that wasn’t mentioned- just because something isn’t mentioned doesn’t mean that it’s denied. An example of this is the right to privacy- abortion. The Supreme Court passed Roe vs. Wade which says that one can end a pregnancy until the third month.
10. Powers of the state and the people- this is a general statement to the states promising that any power which has not exclusively been given over to the federal government and has not been denied to the state, it can go to the state.

Wednesday, October 21, 2009

US History and Government 2

About fifty two delegates from all of the states aside for Rhode Island met to discuss what should be done about the Articles of Confederation. They were the elite of the nation, among them:
1. George Washington
2. Benjamin Franklin
3. James Madison
4. Alexander Hamilton
It was realized to be un-amendable so they decided to work on a new program. This meeting came to be known as the Constitutional Convention.

They worked on a system of government that would be successful. They came up with a bundle of compromises:
1. Great compromise- should people be represented by the state, where every state has an equal number of votes, or should people be represented by population? The Great compromise did both- they set up a government with a legislative branch, which allows for both types of representation. Congress has two branches:
a. House of Representatives- nation is represented by the population. Every ten years the nation is recounted and then the representatives are re-portioned.
b. Senate- nation is represented by the state. Every state sends two representatives.
2. Three-Fifths compromise- issue of whether the slaves should be counted in the population or not. The compromise was that three-fifths of the slaves should be counted.
3. Commerce compromise- the North wanted the government to protect their businesses. They wanted the government to tax imports so foreign goods would be more expensive. The South was worried that the minute the government got involved in business they would also get involved in the slave trade so a compromise was agreed upon- imports would be taxed. Exports wouldn’t be taxed and slavery wouldn’t be touched for twenty years.
4. Electoral compromise- how should the president be elected? The mass can’t pick so the Electoral College was put into place. Every state will vote for electors and these electors will vote for the president.
5. Separation of powers- divided the powers of the government into three branches:
a. Legislative branch= congress- makes the laws. Compromised of the House of Representatives and Senate.
b. Executive branch- carries out the laws. Compromised of the president and his cabinet members.
c. Judicial branch- interprets the laws of the Supreme Court.
Each branch checks on the others so that no branch is more powerful than the other.
Making of the laws- the president can suggest a law to the legislative branch. They can either veto or pass the law. The president also has the power to veto a law. Congress can override the president’s veto. To pass a law, Congress needs a simple majority. To override a presidential veto, Congress needs a two-thirds vote. The judicial branch can declare a law unconstitutional.
No one is above the law; everyone can be removed from office. The president can be impeached by the House of Representatives and the Senate acts as the jury.
6. How should power be divided between the state and the federal government? There is a system of federalism- certain powers are only delegated to certain governments:
a. Federal government:
1. The power to coin money
2. Declare wars
3. Make treaties
4. Regulate trade interstate
b. State government:
1. State elections
2. Licensing
3. Education
4. Intrastate relagation

c. Concurrent powers:
1. Taxes
2. Setting up a court system
3. Borrowing money
4. Making roads

The framers decided that only nine of the thirteen states needed to vote in the affirmative for the constitution to be radified.

There were many disagreements in the states among the:
1. Anti- Federalists- they felt the constitution gave too many rights to the government and the people’s wishes wouldn’t be honored. They said they wouldn’t sign unless a Bill of Rights is passed.
2. Federalists- they said it was good and protective enough of the people’s rights.

The Federalists Papers were the articles they wrote pro the constitution. The authors were:
1. John Jay
2. James Madison
3. Alexander Hamilton

Nine out of thirteen states did radify the constitution and it became the law of the land. New York and Virginia didn’t sign, so they worked out a Bill of Rights and now everybody signed.

The constitution begins with the preamble- people have the right to govern. This is a government of the people not the state and people are governing. It also states why a new government is being formed.

There are seven articles in the constitution:
1. Legislative branch- the law making body= Congress. The founding fathers said that this is the central branch of the government because it is the closest to the people.
Congress has two houses:
a. The House of Representatives- lower. It is more directly connected with the people. It represents the people by population. A representative serves for two years and can get reelected for as many terms as he’s able to. In order to be a representative, one must be at least twenty-five years of age and have been a US citizen for seven years.
b. The Senate- also known as the upper house. It’s somewhat removed from the people to keep it stable. Senators were originally chosen by the state government, but in 1913 the seventeenth amendment changed that and the people now elect their senators. Senators serve a six year term to keep it stable. Only one-third of Senate is elected at a time. To be a senator, one must be at least thirty years of age and a US citizen for nine years.

The House can issue articles of impeachment. When the house impeaches, the Senate tries the case.
A bill is a law before it becomes a law. Section seven of article one discusses how a bill becomes a law-a bill is introduced in either the House or Senate. It has to be approved by a majority of the House and Senate, and then it goes to the president who either signs it as law or vetoes it. If the president vetoes it, Congress has the power to override the presidential veto with a two- thirds vote. The president has something known as the pocket veto- when a bill is presented to the president, he has ten days to decide what he wants to do. If a bill is presented late and the president doesn’t have the ten days, he is able stick the bill into his “pocket” and this veto can’t be overridden.

Congressional tactics:
a. Special interest groups/lobbying- there are people that stand in the lobby of the White House and talk to the Congressman
b. Filibustering- to talk and talk so Congress doesn’t pass a law. This only happens in the Senate.
c. Log rolling- Congressman vote for each other’s bills using the tactic of “if you vote for me I’ll vote for you”.

Congressmen are salaried workers. They also have many privileges:
a. Fully staffed offices
b. Franking privileges- free postage
c. Exempt from certain laws.
d. Tax the people
e. Borrow money
f. Regulate trade with foreign nations
g. Declare war
h. Set up an army
i. Coin money
In addition, Congress has the power of the elastic clause, also known as the necessary and proper clause. This gives Congress the power to stretch the constitution in order to carry out the above duties. Over the years there have been presidents who have stretched the elastic clause very far, giving the government more power.

Powers that are denied to Congress:
a. They can’t take away a trial by jury
b. They can’t take away the writ of Habeas Corpus
c. They can’t pass ex post facto laws, making something illegal that when you did it was legal.

Powers that are denied to the state:
a. Regulate trade between states
b. Make treaties
c. Declare war

2. Executive branch- consists of the president, vice president and the cabinet. To be president, one must be at least thirty-five years of age and be a naturally born American.
Electing the president: The founding fathers were concerned that the people weren’t educated enough to choose their own president so they set up the Electoral College. This way, the people choose their electors who then choose the president. The amount of electors every state receives is equal to the number of representatives in the House plus two. The Electoral College did not work out the way the founding fathers expected and it definitely has many problems with it. Now, it is just a number of votes for the president to win a majority of in order for him to become president. In regard to the electoral votes, it’s winner takes all. It is possible to become president by winning the majority in the eleven biggest states. The Electoral College benefits the smaller states because they get more of a representation. A problem that occurred four times was that someone won the popular vote, but not the electoral vote.

Order of succession- if the president dies in office:
a. Vice president
b. Speaker of the house- the most important member of the House and Congress

The president lives in the white house as a salary worker. His salary doesn’t get changed while he’s in office.

The president’s duties:
a. Chief executive:
1. Enforces the laws and makes sure it’s carried out
2. In charge of a huge bureaucracy
3. He can pass a law without Congress by executive order if he sees it is desperately needed.
4. Appoints judges and ambassadors- the Senate has to agree though.
b. Chief diplomat:
1. Meets with ambassadors
2. Makes and signs treaties- needs two- thirds of the Senate’s approval.
c. Commander in chief of the US armed forces- works together with Congress to make wars.
d. Chief legislature- he can veto and suggest laws.
e. Head of state (ex. Put on wreath or light menorah)
f. Judicial powers- grants pardons.
g. Head of his political party- he sets the tone for his party. Since there were no political parties when the constitution was written, so this is known as the unwritten constitution.

The constitution said that a president could serve forever but no one ever did. They all served for two terms until FDR. Then, in 1951 the twenty- second amendment was passed stating that a president could only serve two terms in office.

The vice president serves as the tie breaker in Senate. Senate is always an even number so if there is a tie, the vice president is there to resolve that problem.

3. Judiciary branch- there are nine members. They are appointed for life (by the president with the Senates’ approval) because the founding fathers wanted them to be above politics.

US History and Government

This continent was settled by Indians before the Europeans arrived. By the 1400s, there were about 15 million Indians in the US. The Indians lived a lifestyle defined by nature and geography and their religion was a nature-based religion. The Indians lived in family based tribes, which developed as families grew. Some Indians formed alliances with other tribes to keep strong. The Iroquois formed the Confederacy, which kept the Europeans at bay for a period of time.

As various Europeans arrived, their relationship with the Indians varied among:
1. Trade
2. Alliance- the Photon Confederacy helped form the state of Virginia by giving the Europeans food and teaching them which crops grew well. Alliances serviced both sides over the years.
3. Warfare- the Europeans had many wars and made many attempts to push the Indians out until the late 1800s when the Europeans got rid of the Indians for good.

The Europeans and the Indians had cultural differences- the Indians understood that land is not to be bought and sold. Land is here for the common and is to be shared.

The first European settlement was formed in 1565 in St. Augustine, Florida. However it was not one of the thirteen original colonies so it doesn’t go down as the first settlement. The European settlement of Jamestown, Virginia was settled in 1607. By 1732 Georgia, the last of the thirteen colonies, was settled.

Many indentured servants, people who sold themselves as slaves in order to pay for their passage overseas, came over from Europe to America. A majority of the people who came over were British, therefore we speak English in America. They also brought over their culture, therefore our cultures are linked.

Why did people come over?
1. Economic opportunities- to make money. This also benefited the kings. For example, Georgia was formed by debtors. King George opened up the doors of the debtors prisons and told them to go. As thanks, they named their colony after him.
2. Religious reasons- people came to practice religion freely. The pilgrims, for example, came to escape religious persecution.
3. Political reasons- people came to escape political persecution.

Geography shaped their experience in the colonies so much so that the thirteen colonies were divided into three groups:
1. New England colonies- these were the north-most colonies such as Massachusetts and New Hampshire. These colonies experienced cold and hardships in farming and planting cash crops. Many went into ship building and trade. The ports of Salem and Boston, Massachusetts were the most famed ports in the colonies.
2. Middle colonies- such as New York and Pennsylvania. These colonies had very diverse populations. They also had the ability to farm because of the fertile soil. They grew corn and wheat, which they exported. Trade helped build the New York and Pennsylvanian cities.
3. Southern colonies- had a warmer climate where agriculture flourished. The rich soil grew tobacco, rice and indigo, which were grown for export. Many of the colonists were very rich.

At first the colonists used indentured servants to work the land for them. However after so many years, there were no indentured servants yet. To replace them, the colonists attempted to use Indians. The Indians didn’t prove to be as hearty as the Africans, so the idea of enslaving Africans began and the slave trade grew steadily.

Some trades were two way trades. The slave trade though was a triangular trade. The New England merchants traded rum for slaves (who resisted) and then the slaves were sold to people who needed them in the West Indies for molasses or sugar.

The idea of bringing Africans over to work didn’t originate in the colonies. It evolved over time. The horrific voyage from Africa over the Atlantic Ocean was known as the Middle Passage.

African culture leaked into the US such as:
1. Music
2. Food
3. Literature
4. Folk Art
5. Architecture

Historical influences on the American government:
1. Athens, Greece- supported the first democracy. It was a true democracy where everyone got the right to vote.
2. Rome- was a republic. Rome had a representative democracy, which is what we have today. People elected people to vote for them.
3. England became a limited democracy through-
a. Magna Carta- allowed trial by jury for the nobles. This was massive because it limited the king’s power.
b. 1628, Petition of Rights- King Charles was forced to agree to the writ of habeas corpus- people can’t be thrown into jail without being told why.
c. 1689, Bill of Rights- by the Glorious Revolution. This was the start of parliamentary government in England.
4. Enlightenment thinkers-
a. John Locke (England) - came up with the idea that if there are systems to nature, man has a part in it. He said man has natural rights of life, liberty and property. Locke also had the Social Contract theory- the government and the people make a contract and if either side breaks the contract, there are repercussions.
b. Baron de Montesquieu (France) - felt parliamentary was successful because of the division of power. He said division of power is a great thing.
c. Rousseau- said people rule by the consent of the governed.
d. Voltaire- he defended the right to speak and all other intolerances.
5. The colonists own experiences here- most of the colonies got a charter and started with some measure of self government. In 1619, the Virginia House of Burgesses agreed to govern themselves and govern fairly- they copied England. In 1620, before the Pilgrims even got off the Mayflower, they signed the Mayflower Compact. All the colonies knew that whatever they set up would be a limited government which would protect the rights of the people to make charters, have property… An early example of freedom of speech was the German newspaper publisher, John Peter Zenger. He wrote against the governor of New York, and when tried, he was found not guilty. This helped establish the idea of freedom of the press.

Causes of the American Revolution:

The British didn’t hover over their colonies; they displayed a policy of salutary neglect- ignored the colonies somewhat, but in a healthy manner. Because of this policy, the colonies had many years of self government under their belts.

The English and the French were age old rivals, and their wars spilled into the colonies. In 1763, the Seven Years war, also known as the French and Indian war broke out, and ended with the British victorious over the French. The Treaty of Paris was made between the English and French- it gave England all the land up until the Mississippi river.

The colonists began to move out west. The English didn’t want this so they issued the Proclamation of 1763, which stated that no one could move past the old boundary of the Appalachian Mountains. This bothered the colonists.

As a result of the war, the English treasury was depleted so they began to tax the colonists because they felt the colonists should be paying for their own protection:
1. Sugar Act- on imports
2. Stamp Act- on written documents
This annoyed the colonists deeply. They felt there should be “no taxation without representation”. These taxes were repealed, and then came another tax:
3. Townshend Act

The colonists had developed independent thoughts about government. About ninety percent of the colonists were land owning, white males and would’ve been able to vote in England.

The English went ahead and placed another tax on the colonists: the Tea act- this gave the British merchants in England much of the control over the tea industry. They made it cheap, but the colonists were unable to buy other teas. The colonial response to this act was the Boston Tea Party. As a result to the Boston Tea Party, the British placed the Intolerable act on the colonists:
1. Shut down the Boston Harbor
2. Didn’t allow for town hall meetings
3. Shut down the legislature in Massachusetts

Delegates from each of the colonies met in Philadelphia to decide what to do. This became known as the First Continental Congress. They sent a declaration to King George stating their unhappiness. The delegates decided to meet again if the situation wouldn’t improve.

As time passed, the colonists began to stash weapons just in case they would be needed. News leaked out through Paul Revere that the British were headed for Concord, Massachusetts to raid the arsenals. Some colonists met them at Lexington, Massachusetts (before they reached Concord). A shot was fired and about twenty four colonists were killed. The battle lasted for about fifteen minuets, and then the British moved onto Concord. There were no weapons there, but the British were met by a large group of colonists. There were some British casualties. These battles at Concord and Lexington go down as the first battles of the American Revolution.

In May of 1775, the Second Continental Congress met and decided to set up an army with George Washington as general. The Second Continental Congress was the official government body until after the war.

In June of 1775 was the Battle of Bunkerhill, with 311 colonial and 1000 British casualties.

In July of 1775, they sent the Olive Branch Petition to King George, asking to work things out. The king said since you are rebellious colonies, you’ll be treated as such and he blockaded their waters.

The thoughts towards independence began to grow:
1. Patrick Henry
2. The Sons of Liberty- under Samuel Adams
3. Thomas Paine- wrote Common Sense. This had the greatest impacts on thoughts of independence.

The delegates tried to draft a Declaration of Independence. Its foremost writer was Thomas Jefferson and it was signed by the colonial delegates in 1776.

The Declaration of Independence had three parts:
1. Preamble- it stated our theories of government:
a. Government by consent of the governed
b. Belief that all men are created equally
2. List of all their grievances against the king
3. The declaration of independence

Soon after the signing of the Declaration of Independence, the colonists lost more battles.

In late 1777, was the turning point of the war at the Battle of Saratoga. The colonists won a decisive victory and some European nations such as France and Prussia decided to help the colonists.

Then came the difficult winter at Valley Forge. It was very cold and hard for the troops, but General Washington stayed with his soldiers to give support. The army had also excelled because of the help they received.

In October of 1781, was the final battle in Yorktown, Virginia. It was here that the British surrendered and the war was over.

They went to Paris to sign the treaty in 1783. The United States of America received all the land up until the Mississippi river.

How did the colonies win?
1. Foreign help
2. They were fighting a desperate cause and they had inspirational leaders.

During the war, the British didn’t behave in a proper manner and many loyalists came over to the patriot side. Many women also went out to the battlefield where they mended, helped and even fought.

The United States of America decided to set up a confederation- a bunch of loosely linked states. The National government is going to be even looser than the state government.

A list of laws known as the Articles of Confederation was written up:
1. No executive branch
2. No main leader
3. Every state got one vote so they were all equal in power.
4. If anyone wanted something changed in the Articles of the Confederation, all thirteen states had to agree.
5. The federal government can’t tax the people. If the federal government wanted money, they had to borrow from the state.
6. Every state could coin their own money.
7. The federal government can’t regulate trade between the colonies.
8. No federal justice- no court system.

The Articles of Confederation did some positive things too:
1. Worked out the Treaty of Paris
2. Passed the Land Ordinance Act of 1785 and again in 1787- set up a system of how new states could be admitted into the union.

The states weren’t governing themselves so successfully; there were issues with in every state. The event that made everyone realize this wasn’t going to work was Shays’s Rebellion- Daniel Shays was a farmer who fought during the war. When he came home he and other farmers had accrued debts and Massachusetts was taxing them. They didn’t find this fair so they marched to the town hall with pitchforks.