Conservapedia - User contributions [en]

American Government Lecture Five

2007-10-11T15:36:12Z

Mer:

American Government
 Fifth Lecture – Judiciary

Outline of Lecture:
 I. Introduction
 II. The Judiciary
 III. The United States Supreme Court
 IV. One’s “Day in Court”
 V. Trial Judges
 VI. Appellate Judges
 VII. Stare Decisis
 VIII. Issues

'''I. Introduction'''

[[Alexander Hamilton]] called the federal judiciary the “least dangerous branch” in Federalist Paper No. 78:

:“Whoever attentively considers the different departments of power must perceive that, in a government in which they are separated from each other, the judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution; because it will be least in a capacity to annoy or injure them.”

What was Alexander Hamilton thinking? The French philosopher [[Montesquieu]], who inspired the separation of powers in our Constitution, declared that “Of the three powers [legislative, executive and judiciary], the judiciary is next to nothing.” Spirit of Laws, Vol. I, p. 186.

Were they right? To their credit, the judiciary does lack enforcement power. It cannot do anything by itself. It has no army; it cannot declare war; and by itself it cannot even arrest anyone. The judiciary cannot initiate cases on its own. It can only decide cases brought by others before it. It must rely entirely on the executive branch for enforcement of its decisions.

The judiciary has virtually no effect on foreign policy, taxes or government spending. The judiciary does not directly affect our economy. The federal judiciary has no role in the prosecution of most crimes, such as murder or robbery. Those are handled in state courts.

So what’s all the current fuss over the federal judiciary about? In the past forty years, the federal courts have asserted control over many moral issues: prayer, [[Ten Commandments]], schools, abortion, pornography, the death penalty, and so on. Many now feel that the federal judiciary has become the most dangerous branch, and so far Congress has done nothing to check its power.

'''II. The Judiciary'''

The Judiciary Act of 1789 established a federal court system that has grown ever since. Now it consists of 94 federal district courts, 13 federal courts of appeals, and one [[United States Supreme Court]].

There are only 50 states and a few territories, so some states have more than one federal district court. New York has four. [[Illinois]] has three. [[New Jersey]] has one. The Virgin Islands, a United States territory, has one federal district court.

The path of a federal case is typically as follows. A plaintiff first files a lawsuit in a federal district court. It is assigned to a federal judge, who once was appointed by the president and confirmed by the Senate. Federal judges do not stand for election or reelection, and serve for as long as they want. The good news is that they are insulated from the irrational public; the bad news is that there is very little accountability. The judges are supposed to apply the Rule of Law to the dispute before them.

Not every case can be filed in federal court. If someone is complaining about a violation of federal law, then the lawsuit may be brought in federal court. But if the complaint is based on state law against a defendant who resides in the same state, then the federal courts lack jurisdiction. That case must be filed in state court, where judges are typically elected.

In personal injury cases, [[plaintiff]]s often prefer to be in state rather than federal court. Can you think of why? (Answer: damage awards in state court tend to be higher, and trial attorneys can find friendlier state court judges). In criminal cases, [[defendant]]s typically prefer to be in state court too. Do you know why? (Answer: federal courts tend to favor prosecutors more than state courts do).

If the [[lawsuit]] is between citizens of different states, then the amount in dispute must be at least $75,000 to gain access to federal courts. NOTE: THE BOOK IS WRONG BY SAYING THE MINIMUM AMOUNT IS $50,000. But no minimum amount is required if the plaintiffs’ claim is based on federal law.

Suppose you are in federal district court, and you lose. Do you have any further recourse? Yes, you can appeal the decision to a federal court of appeals. In [[New York]], the Court of Appeals is the “Second Circuit”. In New Jersey, appeals are taken to the “Third Circuit,” which covers New Jersey, [[Pennsylvania]], [[Delaware]] and the Virgin Islands. In [[Texas]], federal appeals are to the “Fifth Circuit.” The largest federal Court of Appeals is the Ninth Circuit, which covers [[California]], [[Oregon]], [[Washington]], [[Arizona]] and other western states. Congress has considered splitting it into two circuits.

On appeal, you will find yourself before a three-judge panel. A vote of the majority of the three judges will decide your case. It takes about nine months to submit legal memoranda on why you think the federal district court was wrong and hold “oral argument” before the three-judge panel. Don’t be surprised if the judges are inattentive at oral argument, or even dosing off to catch up on some sleep! Also, don’t be surprised if their questions seem to favor your side, but a few weeks later issue a written decision against you. You usually have to wait weeks or a month or two for a decision. In controversial or difficult cases, it can be a year before you receive a decision.

If you lose before the federal court of appeals, then your last chance is to appeal it to the United States Supreme Court.

'''III. The United States Supreme Court'''

The United States Supreme Court is the final authority on the law. It accepts fewer than 100 cases a year out of 7500 or so. The overall odds of having the Supreme Court hear your case are barely more than 1%. Generally one side must petition the Supreme Court for a writ of certiorari (Latin meaning “to be informed of”). Informally, this is simply known as seeking “cert.” In the few cases that the Supreme Court agrees to hear, it “grants cert.” to review the case.

The main criterion for “granting cert.” is whether there is a disagreement between two or more federal courts of appeals on a legal issue. For example, the Seventh Circuit (in Chicago) held that the phrase “under God” in the Pledge of Allegiance does not violate the First Amendment, while the Ninth Circuit (in San Francisco) recently held that it does. This creates a sharp conflict between different areas of the country, which only the Supreme Court can resolve. We filed a brief in support of cert. in this case, and expect a ruling very soon, perhaps even this week.

Another factor determining whether the Supreme Court will hear a case is its importance. An example would be a case directly involving the president. If the president is not involved, however, a case must be tremendously important to trigger review solely on this basis.

When the Department of Justice requests that the Supreme Court accept a case, then that carries extra weight (too much extra weight, in the eyes of some). The federal government has a special office assigned to argue cases before the Supreme Court, known as the Solicitor General’s office. Ted Olson is our current Solicitor General in the Bush Administration. Officially, he works for Attorney General John Ashcroft in the Department of Justice; unofficially, he often seems to do what he wants.

The nine Justices on the current Supreme Court were appointed as follows:

by President Ford: Justice John Paul Stevens
by President Carter: no one
by President Reagan: Justices O’Connor, Scalia and Kennedy
by the first President Bush: Justices Souter and Thomas
by President Clinton: Justices Ginsburg and Breyer
by President [[George W. Bush]]: Chief Justice [[John Roberts]] and Justice [[Sam Alito]]

Politically, the Court has 4 conservatives (Roberts, Scalia, Thomas and Alito), 4 liberals (Stevens, Souter, Ginsburg and Breyer) and 1 “moderates” (Kennedy).

The Court has forged an enduring majority on issues of federalism (returning power to states), free speech (expanding free speech protections) and school vouchers. The Court has also recently reduced intolerance towards religion, allowing prayer groups as after-school activities.

The Supreme Court held in favor of President George W. Bush to resolve the disputed election in 2000. That was a narrow 5-4 margin, even though Republican-appointed justices hold a 7-2 majority. In fact, many important decisions are decided on only a 5-4 basis. The decision allowing school vouchers, whereby parents could receive vouchers from public schools to attend private schools, was by a 5-4 vote. Polarization on the Court seems to favor razor-thin margins in decisions.

The Chief Justice’s vote is not worth more than any other Justice on the Court. However, he does have the advantage of deciding who writes the opinion for his side in a case. Whichever side he is on (majority or dissent), he picks the person to write the decision of his side. In important cases, he picks himself to write it. The most senior justice on the other side picks who writes the opinion for that side.

The infamous Roe v. Wade decision promoting abortion was by a 7-2 vote. Court folklore is that Chief Justice Warren Burger was himself against abortion, but voted with the majority in order to be able to select the author of the opinion. He picked Justice Blackmun, a longtime friend of his. However, Justice Blackmun then wrote a dreadful opinion.

Each State also has its own Supreme Court to oversee the state court system. However, its name is not always “Supreme Court.” In New York, oddly enough, the “Supreme Court” is the lowest level, where trials are held. The highest appellate court is the “New York Court of Appeals.”

NOTE: The book misspelled current Supreme Court Justice Ruth Bader Ginsburg’s name.

'''IV. One’s “Day in Court”.'''

I have personally litigated numerous cases over the past ten years. Before long, it became painfully clear to me that both sides in litigation are typically worse off at its end of litigation than at the beginning. In other words, litigation is usually a lose-lose proposition for both sides. So why are so many lawsuits filed?

Criminal cases are, of course, viewed as necessary to punish wrongdoing and deter crime. This is certainly true in state court, where crimes like murder are prosecuted. In federal court it is less clear. Since 9/11, we have been told that federal agents are looking for and catching terrorists. Yet not a single person has been convicted of any crime in connection with 9/11.

In fact, a federal judge recently ruled against the government in its prosecution of the alleged 20th terrorist, Zacarias Moussaoui. He says he is a member of al-Qaeda but knew nothing about the attacks. He seeks to prove his innocence by having his attorney question several key al-Qaeda prisoners. When the government refused to allow this, the judge recently decided that he cannot be prosecuted for being involved in 9/11.

The government is not prosecuting any other citizens for the 9/11 attack itself. Instead, the vast majority of federal prosecutions concern immigration and drugs. High publicity cases include the prosecution of executives like Martha Stewart. Sometimes congressmen are prosecuted, like the former Chairman of the powerful Ways and Means Committee, Dan Rostenkowski. He was convicted but President Clinton later pardoned him.

Most cases in federal court are “civil” disputes, whereby the government or a private party brings non-criminal charges against a defendant. Commercial disputes and claims of personal injury are the vast majority of these cases. Often they require many years and much legal fees before resolution. Rarely do the parties recover more than they spent in attorneys fees. Why do they bother?

Americans do this because they like their “day in court.” In the old days, someone who felt he was wronged would challenge his opponent to a duel. Within days they would meet at dawn somewhere and try to kill each other, often leaving one dead. That practice was stopped by prosecuting the person who survived for murder. Now this type of dispute is resolved by one person suing the other. Win or lose, at the end they feel received their “day in court” to vent their grievance.

'''V. Trial Judges'''

When you receive your day in court, you appear before a “trial judge.” He is all-powerful in the courtroom, operating as king and dictator. And he may remind you of that frequently.

His job is not as easy as it looks. Two opposing parties both insist that they are right, and he has to decide. King Solomon became famous for his wisdom when he was confronted by two women and an infant boy, each woman claiming to be the infant’s mother. How would you decide? How did King Solomon decide?

From 1 Kings 3:23-28:
:... the king said, "The one says, "This is my son that is alive, and your son is dead'; while the other says, "Not so! Your son is dead, and my son is the living one.' " 24 So the king said, "Bring me a sword," and they brought a sword before the king. 25 The king said, "Divide the living boy in two; then give half to the one, and half to the other." 26 But the woman whose son was alive said to the king—because compassion for her son burned within her—"Please, my lord, give her the living boy; certainly do not kill him!" The other said, "It shall be neither mine nor yours; divide it." 27 Then the king responded: "Give the first woman the living boy; do not kill him. She is his mother." 28 All Israel heard of the judgment that the king had rendered; and they stood in awe of the king, because they perceived that the wisdom of God was in him, to execute justice.

Many judges today tend to compromise, something Solomon would not do. Juries will often compromise also, giving each side half of what it asked for. This does not guarantee justice, because one side may be completely wrong. If a defendant is innocent, then he should not be convicted on half of the charges. If one side asks for two or ten times as much as it should, then compromising does not achieve a just result.

What kind of judge would you be?

'''VI. Appellate Judges'''

Appellate judges have a very different job from trial judges. The appellate judges must establish rules that render justice in the case before them, and in all other cases having similar facts. They need to look beyond the dispute at hand and anticipate justice in future disputes also.

A classic problem is the “slippery slope.” That is what happens when someone steps onto a very slippery incline: they slide all the way down to the undesired bottom. An example in life is when someone takes illegal drugs for the first time. They are stepping on a slippery slope that will ruin their lives. Addiction results from the first use, and they soon slide to the bottom of society.

In the law, the slippery slope is when a court makes an exception that invites many more exceptions like it. Or when a court creates a new constitutional right that invites many more new rights like it.

An example is when “free speech” protection was extended to obscenities. In one case, a Vietnam protester wore a jacket in a courtroom that had an obscene word written on it, in reference to the draft. He was convicted for disturbing the peace and he appealed his case all the way to the U.S. Supreme Court. He ultimately won on free speech grounds. But once one protects obscenity as free speech, it became a slippery slope. Once one obscenity is protected, then other obscenities inevitably follow?

This can also be seen in the Establishment Clause cases, such as the Ten Commandments case. Some feel that Judge Roy Moore should have removed the Ten Commandments from the Alabama Supreme Court. Though supportive of religion, they feel that a few citizens might have been offended by the display. But that argument becomes a slippery slope. Where does the purging of religion from public life stop? Its logic requires purging all religious references from public life: “In God We Trust” from our coins, and “under God” from our pledge of allegiance. Before long, society slides down to the bottom of the hill, and hostility to religion has triumphed.

It’s best to stay off the slippery slope.

'''VII. “Stare Decisis”'''

“Stare decisis” means “to stand by that which was decided.” For judges, it means they should decide similar cases in a similar manner. When a precedent is established, “stare decisis” means courts should abide by it. For the Supreme Court, “stare decisis” means it should adhere to its prior rulings.

In fact, the Supreme Court often changes its mind. In 1940, it held that a Jehovah’s Witness can be forced to say the Pledge of Allegiance against his religion. Two years later, in 1943, the Supreme Court reversed itself and said no one should be forced to violate their own religious beliefs like that. In other cases, the Supreme Court has even reversed itself within a year.

In 1992, the Supreme Court had an opportunity to overturn its Roe v. Wade decision, which earlier declared a new constitutional right to abortion. But Justice Kennedy cast the deciding fifth vote against overturning it, saying that stare decisis compelled him to be consistent with Roe v. Wade. However, last June, Justice Kennedy wrote a decision in favor of gay rights that expressly overturned a decision in 1986.

Do you think stare decisis should prevent the Court from overturning Roe v. Wade?

'''VIII. Issues'''

1. Recently a student wore a T-shirt to public school that depicted President Bush as a terrorist. The school authorities told him he could not wear that shirt. He went to court asserting his free speech rights. Who should win?

2. Do you think the alleged “20th hijacker,” Zacarias Moussaoui, should be able to question key al-Qaeda members to prove his innocence concerning the 9/11 attack?

3. Do you think “stare decisis” should prevent the Court from overturning Roe v. Wade?

4. Do you think that people should be required to obey court orders that are unconstitutional?

[[category:Homeschool Curriculum]]

Contest

2007-10-02T02:40:09Z

Mer: /* Prior Contributions */

This edit contest runs for seven days from noon September 28th to noon October 5th. May the best team win!

== The Teams ==

Team 1 ([[Team Airborne]])
 Captain: Tash
* HelpJazz
* Crocoite
* Learn together
* DanH
* TK
* Ed Poor (pretty sure)
* Iduan
Team 2 ([[Team Galaxy]])
 Captain: SharonS
* Aschlafly
* BethanyS
* Katieb
* Ambers
* Ashleys
* DeborahB.
* Double Edge
* PhilipB
(only the top 7 scorers on either team will qualify towards its point total)

== Point System ==

*Quality new entry: '''10 points'''
**''Definition'':A Quality New Entry includes at least two full-length paragraphs, three relevant citations, several links to other entries, some in-depth content and designations of category.
**''Exception'': Entertainment-related* Quality New Entries will receive only '''4 points'''.

*An Ordinary New Entry: '''6 points'''
**''Definition'': An Ordinary New Entry is a new entry which does not meet the qualifications for a Quality New Entry, but is of higher quality than a Short New Entry.
**''Exception'': Entertainment-related* Ordinary New Entries will receive only '''2 points'''.

*Quality edit of an existing entry: '''4 points'''
**''Definition'': A Quality Edit to an existing article includes at least two extra sentences, an additional reference, and the inclusion of an important or relevant fact.
**''Exception'': Entertainment-related* Quality Edits will receive only '''2 points'''.

*Short New Entry: '''4 points'''
**''Definition'': A Short New Entry contains only a few sentences and may or may not have a reference.
**''Exception'': Entertainment-related Short New Entries will receive only '''2 points'''.

*Minor Edit of an existing entry: '''2 points'''
**''Definition'': A Minor Edit is an edit which does not meet the qualifications for a Quality Edit. These edits might include small formatting changes, spelling and grammatical changes and/or the addition of a category.

*'''Bonus Points'''
**An additional bonus of '''3 points''' is awarded for adding a new entry on the "most-wanted" list, [[Special:Wantedpages]]
**An additional bonus of 1 point is awarded for adding a link to an entry on the [[Special:Deadendpages]], and thereby removing that entry from that list
**An edit to an existing entry may qualify as a New Entry if the edit is substantial enough.
**Adding a unique working link within a lecture: 2 points
***Adding an additional (non-unique) working links for the same term within the same American Government Lecture: 1 point
** Adding two new terms to American Government Terms: 1 point

'''Notes'''
*<nowiki>*</nowiki>An entry is "entertainment-related" if it relates to a subject not taught as core curriculum in a typical high school or college. This includes articles on sports, popular music, movies, and other entertaining but not necessarily educational subjects.
**''Exception'': Full credit will be given for notable or important historical subjects, and for political entries.
**''Exception'': Full credit will be given for reasonable subjects which are educational but not necessarily taught in a typical school.

== Prior Contributions ==

These totals need only be approximate:
*Aschlafly (as of Sept. 20, 10:31pm)
**quality new entries: 2
**ordinary new entries: 44
**improved existing entries: 48
**add link: 1
**add terms to [[American Government Terms]]: 4
**undeadend: 25
***Approximate point total: 432

*Tash (as of Sept. 16, 2:46pm)
**quality new entries: 2
**ordinary new entries: 8
**Quality edit of an existing entry:3
**improved existing entries: 116
***Approximate point total: 298

*Crocoite (as of Sept .23, 4:51am)
**See complete edit summary [[User:Crocoite/Contest2|here]]
***Approximate point total: 213

*SharonS (as of Sept. 18, 8:36am)
**See complete edit summary [[User:SharonS/Contest|here]]
***Approximate point total: 193

*JessicaS (as of Sept. 20, 6:54pm)
**unique links to [[American Government Lecture Two]]: 45 (90 points)
**duplicate links to [[American Government Lecture Two]]: 97 (97 points)
***Approximate point total: 187

*DeborahB.
**quality new entry: 1 (including first two cases in [[U.S. Supreme Court Cases]]
**add terms to [[American Government Terms]]:76
**ordinary new entries: 11
**quality edit of an existing entry:10 (including 9 new cases in [[U.S. Supreme Court Cases]]
***Approximate point total: 154

*Mer (as of Oct. 1, 10:30pm)
**Quality new entries: 2
**Ordinary new entries: 4
**Added to [[Special:Wantedpages]]: 3
**Added links: 44
**Added category: 1
**Added terms:2
***Approximate point total: 142

*BethanyS (as of Sept. 16, 1:30pm)
**quality new entries: 1
**ordinary new entries: 8
**Added to [[American Government Terms]] list: 64
***Approximate point total: 90

*Katieb (as of Sept. 16, 10:54pm)
**quality new entries: 3
**ordinary new entries: 6
**improved existing entries: 2
***Approximate point total: 72

*RachelN (as of Sept. 20, 3:55pm)
**ordinary new entries: 2
**quality new entries: 4
**Added to [[Special:Wantedpages]]: 3
***Approximate point total: 61

*Ashleys (as of Sept. 20, 2:16pm)
**quality new entries: 3
**&Ordinary new entries:
**Added to [[Special:Wantedpages]]: 2
***Approximate point total: 58

*Ambers (as of Sept. 21, 11:25am)
**ordinary new entries: 5
**added links: 2
**quality new entries: 1
***Approximate point total: 52

*Additioner (as of Sept. 16, 2:42pm)
**quality new entries:
**ordinary new entries: 5
**improved existing entries: 6
**undeadend:
***Approximate point total: 42

*SPierce (as of Sept. 19 5:30pm)
**Quality New Entries: 1
**ordinary new entries: 3
**Added to [[Special:Wantedpages]]: 4
***Approximate point total: 37

*Rbeach (as of Sept. 16, 11 am)
**quality new entries: 3
***Approximate point total: 30

*Joe B (as of Sept. 18, 2pm)
**quality new entries: 1
***Approximate point total: 10

[[category:Conservapedia]]
[[category:education]]

American Government Lecture Two 2007

2007-10-02T02:29:59Z

Mer: /* Key Decisions concerning Federalism */

'''American Government'''

'''Second Lecture - BILL OF RIGHTS & FEDERALISM'''

'''Instructor: Andy Schlafly'''

==Introduction==

The [[Amendment]]s to the [[Constitution]] dominate current legal and [[politics|political]] controversies. The [[Bill of Rights]] – [[Amendment]]s one through ten – and the Fourteenth [[Amendment]] have wrought enormous changes. We explain the [[Bill of Rights]] now, and reach the Fourteenth [[Amendment]] in a future class.

==[[Bill of Rights]]==

Opposition was so strong to the [[Constitution]] that its supporters had to promise a “[[Bill of Rights]].” But ratification only required nine out of thirteen [[state]]s (Article VII), and that was attained when a convention in [[New Hampshire]] approved it (57-47) on June 21, 1788. But the large [[state]]s of [[Virginia]] and [[New York]] had not yet joined the [[Union]], and the [[Anti-Federalists]] were strong in both [[state]]s. These were the home [[state]]s of [[Madison]] and [[Hamilton]], respectively, the biggest supporters of the [[Constitution]].

[[Virginia]] only ratified the [[Constitution]] by adding a [[Bill of Rights]] for 20 changes, and demanding 20 other changes too. In [[New York]], defeat seemed likely until [[Hamilton]] cleverly procured a delay to await news from [[New Hampshire]] and [[Virginia]]. When news of their ratification reached [[New York]], sentiment moved in favor of the [[Constitution]] and it narrowly passed on July 26, 1788. The vote was a very close 30-27. Still, [[New York]] demanded another [[constitution]]al convention to add a [[Bill of Rights]].

To avoid another [[constitution]]al convention, the first [[Congress]] passed 12 [[constitution]]al [[amendment]]s and sent them to the states for ratification. The states ratified ten of them by the end of 1791, and they became known as the “[[Bill of Rights]]” because they protect the people against certain [[government]] interference.

The [[Bill of Rights]] is very short: you could completely memorize them in a few days. They are set forth on pages 330-31 of the textbook. What they mean, however, could fill an entire library.

The first two [[amendment]]s establish fundamental [[freedom]]s, including the right to keep and bear arms. The third [[amendment]] prohibits placing troops in people’s homes in time of peace. The fourth through eighth [[amendment]]s establish legal rights, particularly for the accused. The ninth [[amendment]] is a vague protection of individual rights, and the tenth [[amendment]] protects [[state]] rights.

The [[First Amendment]] receives the most attention. It prohibits [[Congress]] from infringing on [[Free Speech Clause|free speech]], [[press]], assembly, petition and [[religion]]; it also prohibits the establishment of [[religion]]. By implication, it protects [[freedom]] of association. It expressly applies only to [[Congress]], but the [[court]]s have since applied it against all the [[state]]s too.

In fact, virtually all of the [[Bill of Rights]] now protect citizens against all forms of [[government]]: federal, state or local.

Let’s look at important sections of the [[Bill of Rights]]:

===The [[Free Speech Clause]].===

The [[First Amendment]] protects the greatest of all [constitution]]al rights: “[[Congress]] shall make no law ... abridging the freedom of speech.” This protects religious and political speech. It protects [[prayer]] in many circumstances; it also protects evangelizing. It was unique to [[America]], reflecting the [[Great Awakening]] and preaching that permeated the [[colony|colonies]] in the 1700s.

Originally, “speech” would not have included as much as it does today. Over the years, the [[Supreme Court]] has expanded what is protected as speech under the [[First Amendment]].

Now speech includes, for example, the burning of the [[America]]n [[flag]] ([[Texas v. Johnson]]). It includes spending money on political campaigns. It can include vulgar or obscene words. It offers some protection even to commercial speech, such as certain advertisements.

When something qualifies as “[[Free Speech Clause|free speech]],” the protection against regulation of its content is nearly absolute. Only a compelling interest by the [[government]] can justify infringing on such speech, and the regulation must be narrowly tailored for a necessary goal.

One might ask, why isn’t all speech protected? Why should the [[government]] be able to abridge any speech?

It is easy to think of examples of speech that should not be free and protected.

Consider [[terrorism]]. Suppose an anonymous caller phones a hospital and says that there is a bomb there. The hospital may have to evacuate as a precaution. Operations would be immediately stopped, and the very sick would be moved with great difficulty. Or imagine someone on an airplane standing up in mid-flight and announcing he’s a terrorist. Passengers would panic and the airplane would be forced to land immediately. There can be no [[constitution]]al protection for this type of speech.

Before airplanes and [[terrorism]], the classic example of unprotected speech is yelling “fire” in a crowded theater. People would stampede for the exits, and some could be injured.

The [[Supreme Court]] has said that “fighting words” are not “[[Free Speech Clause|Free Speech]]” protected by the [[First Amendment]]. Other types of speech are also excluded from the [[First Amendment]]. But over time, the [[Court]] has redefined protected speech to be broader and broader, including even conduct like flag-burning and political campaign spending.

===B. The Establishment Clause.===

The [[First Amendment]] begins with: “[[Congress]] shall make no law respecting an establishment of [[religion]] ....” Known as the “[[Establishment Clause]],” this is increasingly used against [[state]] and local [[government]]. In 1962, this clause was the basis for the [[Supreme Court]] to ban [[prayer]] in the [[school]]s (Engel v. Vitale). It is the basis for the recent ban on the phrase “under God” in the [[Pledge of Allegiance]], and the order to remove the [[Ten Commandments]] plaque from the [[Alabama]] Supreme Court.

The [[Establishment Clause]] is rooted in [[Thomas Jefferson]]’s [[Virginia]] Statute for Religious Freedom of 1786. Its purpose was to prevent an elite class of clergy, funded by [[government]]. “The law for religious freedom, which made a part of this system, having put down the aristocracy of the clergy, ... restored to the citizen the freedom of the mind, and those of entails and descents nurturing an equality of condition among them.” Letter by [[Thomas Jefferson|Jefferson]] to Adams, Monticello (Oct. 28, 1813).
Neither [[Thomas Jefferson|Jefferson]] nor [[James Madison]] wanted an aristocratic [[clergy]] like in [[England]]. They opposed [[American]] imitation of the [[Church of England]].

[[Thomas Jefferson|Jefferson]] and [[Madison]] were hostile to nobility and primogeniture (the English rule that gave all inheritance to the oldest son). The [[Constitution]] bans titles of nobility, as does the [[Articles of Confederation]]. [[Thomas Jefferson|Jefferson]] worked to abolish [[English]] rules of inheritance from [[Virginia]] law.

Note that the [[Establishment Clause]] applied only to [[Congress]]. Read it again. “[[Congress]] shall make no law ....”

After the [[Civil War]], some in [[Congress]] sought to extend the [[Establishment Clause]] against the [[state]]s. That would have been pointless if it already applied against the states. The proposals substituted “[[state]]” for “[[Congress]]” in copying from the [[First Amendment]]: “No [[state]] shall make any [[law]] respecting an establishment of [[religion]] or prohibiting the free exercise thereof ....” H.R. Res. I, 44th Cong., 1st Sess. (1875) (emphasis added). But the proposed [[amendment]] never passed.

Eventually, someone hostile to [[religion]] in public life rose to power on the [[Supreme Court]]. Justice [[Hugo Black]], a former member of the [[Ku Klux Klan]], pushed the court to ostracize [[religion]] from [[school]]s and [[government]]. He wrote the opinion banning [[prayer]] from public [[school]]s, and other opinions ostracizing [[religion]]. Since then courts have banned the [[Ten Commandments]] and now even the [[Pledge of Allegiance]].

===C. Protections for the Accused.===

In colonial [[America]], those who favored independence were considered enemies of the King. Some were prosecuted. [[Peter Zenger]], for example, was prosecuted for published materials critical of the governor of [[New York]], who was appointed by the Crown. Zenger was acquitted by an American jury in a famous case establishing the [[freedom]] of the [[press]]. But the [[jury]] had clearly saved him - had a [[judge]] tried the case, he would have surely been sent to jail.

The original [[Constitution]] included few protections for individual liberties, but it did guarantee the right to a [[jury]] trial. Art. III, Section 2. The Founders were sure to include that. To this day, 95% of jury trials held in the entire world are in the [[United States]].

This protection was not enough for colonists still mindful of the [[British]] prosecutions. The bulk of the [[Bill of Rights]] added many additional safeguards against abusive prosecutions by [[government]].

The [[Fourth Amendment]] protects citizens against unreasonable searches of their homes and personal belongings. Warrants signed by a neutral [[judge]] or [[magistrate]] are required. The [[Supreme Court]] imposed the “Exclusionary Rule” to prohibit use of unlawfully obtained material at the trial of the accused.

The [[Fifth Amendment]] allows an accused to avoid testifying in his own case, and gives him the right to counsel. The [[Supreme Court]] later required [[government]] to read Miranda warnings to any accused held in custody before interrogating him.

The [[Sixth Amendment]] established the right to counsel, and the [[Supreme Court]] later forced states to pay for an attorney when the defendant cannot afford it. It also establishes the right to an “impartial” [[jury]] in the district where the crime allegedly occurred, and a right to a speedy and public [[trial]]. This expands on the right to jury trial in the original [[Constitution]].

The [[Seventh Amendment]] establishes a right to [[jury]] [[trial]] in civil (non-criminal) cases involving more than $20 (which isn’t much today, due to inflation!).

The [[Eighth Amendment]] prohibits excessive [[bail]] requirements, which is what an accused must post to be released from jail before trial. It also prohibits excessive fines or [[Cruel and Unusual Punishment]].

The Seventh of the [[Ten Commandments]] says “Neither shall you bear false witness against your neighbor.” [[Deuteronomy]] 5:20. That prohibits false accusations, and false testimony in court. If everyone obeyed this commandment, then many of the above protections would not be needed.

In fact, false accusations were a problem in colonial [[America]] as they are today. Colonists feared the power of the new [[government]] being used to intimidate witnesses into testifying falsely, and imprisoning critics of [[government]]. During the presidency of [[John Adams]], a few of his opponents were fined and even imprisoned under the [[Sedition Act]] for criticizing the [[president]].

The [[Sixth Amendment]] contains perhaps the greatest safeguard of all against false accusation: the right “to be confronted with the [[witness]]es against him.” This includes the right of cross-examination, by which an accused person's [[attorney]] can question the [[government]] [[witness]]es in open court. Statements made outside of court can be excluded in criminal trials if the defendant lacks an opportunity to cross-examine the person who made the statement. “I heard someone say he saw defendant rob the bank” isn’t going to be allowed, unless that someone is cross-examined in open court.

Many feel that these amendments have been expanded too far to protect dangerous [[criminal]]s. This became a national controversy in the 1960s, as the [[Supreme Court]] interpreted these amendments broadly in favor of [[criminal]] defendants.

Others, while no friends of real criminals, feel we need the protections to limit a [[government]] greedy for power. [[Christianity]] is based on the unlawful execution of an innocent man, [[Jesus]]. He had no right to an [[attorney]] in [[Roman]] court. The [[Greeks]], not the [[Roman]]s, allowed advocates or [[attorney]]s in [[trial]]s.

Many would rather see fifty guilty persons go free than to wrongly convict an innocent man. What do you think?

==[[Federalism]] & the [[Constitution]]==

The [[Supremacy Clause]] may be the most important provision in the entire Constitution. It is on page 328:

:This [[Constitution]], and the Laws of the [[United States]] which shall be made in Pursuance thereof ... shall be the supreme [[Law]] of the Land ... any Thing in the [[Constitution]] or Laws of any State to the Contrary notwithstanding.

U.S. Const. Art. VI.

What does it mean? It means that [[Congress]] overrides every state law and state [[constitution]]. The federal [[government]] reigns supreme. What it says, goes.

In our history, states have sometimes defied congressional law. [[James Madison]] and [[Thomas Jefferson]] themselves started the nullification doctrine, declaring that a state could nullify as unconstitutional an act of [[Congress]] (in their case, the Alien and [[Sedition Act]]s in 1798). After all, what is a state to do if [[Congress]] and the [[Supreme Court]] team up against it? In 1809, the [[Pennsylvania]] legislature ordered the state militia to prevent a federal marshal from serving a writ (order) that it felt was unconstitutional. The federal officers simply arrested the state militia, but [[James Madison]] pardoned them.

Later, nullification doctrine led to the [[Civil War]] because it justified secession. As recently as 1956, southern states invoked the doctrine to reject the [[Supreme Court]] ruling of [[Brown v. Board of Education]] (1954), which desegregated schools. The federal [[government]] enforced that ruling over objections by southern states.

Some states, like [[West Virginia]], defer to federal law in their own state constitutions. Article 1, Section 1 of the West Virginia Constitution provides:

:The State of [[West Virginia]] is, and shall remain, one of the [[United States]] of [[America]]. The [[Constitution]] of the [[United States]] of [[America]], and the laws and treaties made in pursuance thereof shall be the supreme law of the land.

Perhaps you can think of why [[West Virginia]] expressly accepts federal supremacy. (Answer: [[West Virginia]] was formed by splitting off from [[Virginia]] in order to join the Union during the [[Civil War]]. [[Virginia]] remained with the southern Confederacy.)

Large states, like [[New York]], [[Virginia]] and [[Massachusetts]], were very reluctant to give away their power to the federal [[government]] by ratifying the [[Constitution]]. [[James Madison]] assured them that the “powers delegated by the proposed [[Constitution]] to the federal [[government]] are few and defined. Those that are to remain in the State [[government]]s are numerous and indefinite.” (Federalist No. 45)

Madison’s assurance seemed true at the beginning, but over time the federal [[government]] seized more and more power for itself, as opponents of the [[Constitution]] had feared.

==Key Decisions concerning Federalism==

The [[Supreme Court]] is part of the federal [[government]], and until recently it has consistently expanded federal power. This is self-serving and predictable. Many, unfortunately, like to seize more power for themselves. Also, many [[judge]]s tend to enjoy exercising authority over others.

In ''[[Marbury v. Madison]]'' (1801), the [[Supreme Court]] grabbed the power to invalidate laws of [[Congress]] as un[[constitution]]al. This is known as the principle of “[[judicial review]].” It affects the relative power of the [[Supreme Court]] with respect to [[Congress]]. It does not affect [[federalism]], because the [[state]]s were not involved.

In ''[[McCulloch v. Maryland]]'' (1819), the [[Supreme Court]] decided a contest between the federal [[government]] and the state of [[Maryland]]. Guess which side the [[Supreme Court]] chose? The federal [[government]], of course, because that is what the [[Supreme Court]] itself is. It held that the [[Necessary and Proper Clause]] of the [[Constitution]] gives [[Congress]] broad powers. The [[state]]s cannot interfere with a law passed by [[Congress]]. (In this case, [[Maryland]] tried to tax the national bank operating within its state. The [[Court]] voided the tax.)

The expansion of federal power continued in the courts for another 150 years. Not until Justice [[William Rehnquist]] arrived to the [[Supreme Court]] did the tone start to change. Here are some more examples:

In ''[[Gibbons v. Ogden]]'' (1824), the [[Supreme Court]] interpreted the [[Commerce Clause]] to include virtually any business activity between two or more [[state]]s. This greatly reduced the power of [[state]]s to regulate commerce.

Now, much legislation by [[Congress]] is justified based on the [[Commerce Clause]]. For example, civil rights legislation banning discrimination in places of public accommodation (e.g., hotels, [[restaurant]]s, [[train]]s, [[airplane]]s) is based in the [[Commerce Clause]]. This was upheld by [[Heart of Atlanta Motel v. United States]] (1964). Since almost anything affects commerce, it is difficult to find many limits on federal power anymore.

One limit that does still exist is in family law. It remains outside the reach of the federal [[government]]. Education has also been beyond federal power, but President Bush’s [[No Child Left Behind]] has greatly expanded federal influence in this area. Most types of crimes, including most murders, are still beyond federal power. States alone can prosecute them, unless state lines were crossed during the commission of the crime.

===Types of Federalism===

Let’s review various forms of national [[government]]:

[[unitary system]]: national [[government]] has all the power. Examples: [[England]], [[France]] and [[Italy]].

[[co-federal system]]: states have all the power. Examples: colonies under [[Articles of Confederation]].

In between these systems is the [[federalism]] unique to our [[Constitution]]. For legal, political and [[economic]] reasons, the system has changed over the years:

[[dual federalism]] (1788-1932): limited federal [[government]] no stronger than the states. Each has its own separate authority. Not much cooperation between the two. Examples: federal [[government]] runs the mail routes, state [[government]] runs the police.

[[cooperative federalism]] (1932-1965): responsibilities of federal and state [[government]] are mixed. Exclusive state power erodes.

[[centralized federalism]] (1965-1972): federal [[government]] asserts its power in cities, [[health care]], schools, etc., with large spending programs under President Johnson’s Great Society. Also known as “[[creative federalism]].”

[[new federalism]] (1972-today): [[conservative]] movement to return power and money back to the states, away from the federal [[government]].

Which do liberals prefer? A strong federal [[government]]. Which do conservatives prefer? A weak federal [[government]].

Here is a more difficult question: which do big companies prefer? Think about it. (Answer: Big companies want to avoid 50 different state regulations. They tend to prefer a strong federal [[government]]. Hence big business creates another source of pressure for weakening state power further.)

===Issues===

#Are laws against certain advertisements un[[constitution]]al?
#*The federal [[government]] reserves the right to prohibit certain types of advertising, such as ads for harmful products like [[alcohol]] or [[cigarette]]s. [[Tobacco]] companies voluntarily stopped television ads rather than wait until the federal [[government]] banned them. The [[First Amendment]] says “[[Congress]] shall make no law ... abridging the freedom of speech.” Should the federal [[government]] have the power to ban certain types of ads?
#free 50 guilty defendants rather than convict one innocent defendant?
#*The [[Bill of Rights]] contains many protections for criminal defendants. Clearly, these rules will allow some guilty defendants to go free in order to minimize convictions of innocent persons. Do you agree with this approach?
#Is there a [[constitution]]al right for defendants to question potential jurors before trial?
#*The selection of the [[jury]] is often the most important aspect of a criminal trial. The [[Sixth Amendment]] guarantees an “impartial jury,” so questions are asked of potential jurors to identify bias for one side or the other. A jury that favors [[government]] is what the prosecutor wants; a jury skeptical of [[government]] is what the defendant seeks. How much freedom should the defendant have in asking questions of potential jurors before they are chosen for the trial? This process is known as “[[voir dire]].” In state court, defendants have much more leeway than in federal court, and the conviction rate is higher in federal court partly for this reason. Should defendants have a right for their attorneys to question potential jurors during jury selection?
#Does the [[Fourth Amendment]] prohibit drug testing of all public school students?

[[category:Homeschool Curriculum]]

American Government Lecture Two 2007

2007-10-02T02:06:29Z

Mer: /* Federalism & the Constitution */

'''American Government'''

'''Second Lecture - BILL OF RIGHTS & FEDERALISM'''

'''Instructor: Andy Schlafly'''

==Introduction==

The [[Amendment]]s to the [[Constitution]] dominate current legal and [[politics|political]] controversies. The [[Bill of Rights]] – [[Amendment]]s one through ten – and the Fourteenth [[Amendment]] have wrought enormous changes. We explain the [[Bill of Rights]] now, and reach the Fourteenth [[Amendment]] in a future class.

==[[Bill of Rights]]==

Opposition was so strong to the [[Constitution]] that its supporters had to promise a “[[Bill of Rights]].” But ratification only required nine out of thirteen [[state]]s (Article VII), and that was attained when a convention in [[New Hampshire]] approved it (57-47) on June 21, 1788. But the large [[state]]s of [[Virginia]] and [[New York]] had not yet joined the [[Union]], and the [[Anti-Federalists]] were strong in both [[state]]s. These were the home [[state]]s of [[Madison]] and [[Hamilton]], respectively, the biggest supporters of the [[Constitution]].

[[Virginia]] only ratified the [[Constitution]] by adding a [[Bill of Rights]] for 20 changes, and demanding 20 other changes too. In [[New York]], defeat seemed likely until [[Hamilton]] cleverly procured a delay to await news from [[New Hampshire]] and [[Virginia]]. When news of their ratification reached [[New York]], sentiment moved in favor of the [[Constitution]] and it narrowly passed on July 26, 1788. The vote was a very close 30-27. Still, [[New York]] demanded another [[constitution]]al convention to add a [[Bill of Rights]].

To avoid another [[constitution]]al convention, the first [[Congress]] passed 12 [[constitution]]al [[amendment]]s and sent them to the states for ratification. The states ratified ten of them by the end of 1791, and they became known as the “[[Bill of Rights]]” because they protect the people against certain [[government]] interference.

The [[Bill of Rights]] is very short: you could completely memorize them in a few days. They are set forth on pages 330-31 of the textbook. What they mean, however, could fill an entire library.

The first two [[amendment]]s establish fundamental [[freedom]]s, including the right to keep and bear arms. The third [[amendment]] prohibits placing troops in people’s homes in time of peace. The fourth through eighth [[amendment]]s establish legal rights, particularly for the accused. The ninth [[amendment]] is a vague protection of individual rights, and the tenth [[amendment]] protects [[state]] rights.

The [[First Amendment]] receives the most attention. It prohibits [[Congress]] from infringing on [[Free Speech Clause|free speech]], [[press]], assembly, petition and [[religion]]; it also prohibits the establishment of [[religion]]. By implication, it protects [[freedom]] of association. It expressly applies only to [[Congress]], but the [[court]]s have since applied it against all the [[state]]s too.

In fact, virtually all of the [[Bill of Rights]] now protect citizens against all forms of [[government]]: federal, state or local.

Let’s look at important sections of the [[Bill of Rights]]:

===The [[Free Speech Clause]].===

The [[First Amendment]] protects the greatest of all [constitution]]al rights: “[[Congress]] shall make no law ... abridging the freedom of speech.” This protects religious and political speech. It protects [[prayer]] in many circumstances; it also protects evangelizing. It was unique to [[America]], reflecting the [[Great Awakening]] and preaching that permeated the [[colony|colonies]] in the 1700s.

Originally, “speech” would not have included as much as it does today. Over the years, the [[Supreme Court]] has expanded what is protected as speech under the [[First Amendment]].

Now speech includes, for example, the burning of the [[America]]n [[flag]] ([[Texas v. Johnson]]). It includes spending money on political campaigns. It can include vulgar or obscene words. It offers some protection even to commercial speech, such as certain advertisements.

When something qualifies as “[[Free Speech Clause|free speech]],” the protection against regulation of its content is nearly absolute. Only a compelling interest by the [[government]] can justify infringing on such speech, and the regulation must be narrowly tailored for a necessary goal.

One might ask, why isn’t all speech protected? Why should the [[government]] be able to abridge any speech?

It is easy to think of examples of speech that should not be free and protected.

Consider [[terrorism]]. Suppose an anonymous caller phones a hospital and says that there is a bomb there. The hospital may have to evacuate as a precaution. Operations would be immediately stopped, and the very sick would be moved with great difficulty. Or imagine someone on an airplane standing up in mid-flight and announcing he’s a terrorist. Passengers would panic and the airplane would be forced to land immediately. There can be no [[constitution]]al protection for this type of speech.

Before airplanes and [[terrorism]], the classic example of unprotected speech is yelling “fire” in a crowded theater. People would stampede for the exits, and some could be injured.

The [[Supreme Court]] has said that “fighting words” are not “[[Free Speech Clause|Free Speech]]” protected by the [[First Amendment]]. Other types of speech are also excluded from the [[First Amendment]]. But over time, the [[Court]] has redefined protected speech to be broader and broader, including even conduct like flag-burning and political campaign spending.

===B. The Establishment Clause.===

The [[First Amendment]] begins with: “[[Congress]] shall make no law respecting an establishment of [[religion]] ....” Known as the “[[Establishment Clause]],” this is increasingly used against [[state]] and local [[government]]. In 1962, this clause was the basis for the [[Supreme Court]] to ban [[prayer]] in the [[school]]s (Engel v. Vitale). It is the basis for the recent ban on the phrase “under God” in the [[Pledge of Allegiance]], and the order to remove the [[Ten Commandments]] plaque from the [[Alabama]] Supreme Court.

The [[Establishment Clause]] is rooted in [[Thomas Jefferson]]’s [[Virginia]] Statute for Religious Freedom of 1786. Its purpose was to prevent an elite class of clergy, funded by [[government]]. “The law for religious freedom, which made a part of this system, having put down the aristocracy of the clergy, ... restored to the citizen the freedom of the mind, and those of entails and descents nurturing an equality of condition among them.” Letter by [[Thomas Jefferson|Jefferson]] to Adams, Monticello (Oct. 28, 1813).
Neither [[Thomas Jefferson|Jefferson]] nor [[James Madison]] wanted an aristocratic [[clergy]] like in [[England]]. They opposed [[American]] imitation of the [[Church of England]].

[[Thomas Jefferson|Jefferson]] and [[Madison]] were hostile to nobility and primogeniture (the English rule that gave all inheritance to the oldest son). The [[Constitution]] bans titles of nobility, as does the [[Articles of Confederation]]. [[Thomas Jefferson|Jefferson]] worked to abolish [[English]] rules of inheritance from [[Virginia]] law.

Note that the [[Establishment Clause]] applied only to [[Congress]]. Read it again. “[[Congress]] shall make no law ....”

After the [[Civil War]], some in [[Congress]] sought to extend the [[Establishment Clause]] against the [[state]]s. That would have been pointless if it already applied against the states. The proposals substituted “[[state]]” for “[[Congress]]” in copying from the [[First Amendment]]: “No [[state]] shall make any [[law]] respecting an establishment of [[religion]] or prohibiting the free exercise thereof ....” H.R. Res. I, 44th Cong., 1st Sess. (1875) (emphasis added). But the proposed [[amendment]] never passed.

Eventually, someone hostile to [[religion]] in public life rose to power on the [[Supreme Court]]. Justice [[Hugo Black]], a former member of the [[Ku Klux Klan]], pushed the court to ostracize [[religion]] from [[school]]s and [[government]]. He wrote the opinion banning [[prayer]] from public [[school]]s, and other opinions ostracizing [[religion]]. Since then courts have banned the [[Ten Commandments]] and now even the [[Pledge of Allegiance]].

===C. Protections for the Accused.===

In colonial [[America]], those who favored independence were considered enemies of the King. Some were prosecuted. [[Peter Zenger]], for example, was prosecuted for published materials critical of the governor of [[New York]], who was appointed by the Crown. Zenger was acquitted by an American jury in a famous case establishing the [[freedom]] of the [[press]]. But the [[jury]] had clearly saved him - had a [[judge]] tried the case, he would have surely been sent to jail.

The original [[Constitution]] included few protections for individual liberties, but it did guarantee the right to a [[jury]] trial. Art. III, Section 2. The Founders were sure to include that. To this day, 95% of jury trials held in the entire world are in the [[United States]].

This protection was not enough for colonists still mindful of the [[British]] prosecutions. The bulk of the [[Bill of Rights]] added many additional safeguards against abusive prosecutions by [[government]].

The [[Fourth Amendment]] protects citizens against unreasonable searches of their homes and personal belongings. Warrants signed by a neutral [[judge]] or [[magistrate]] are required. The [[Supreme Court]] imposed the “Exclusionary Rule” to prohibit use of unlawfully obtained material at the trial of the accused.

The [[Fifth Amendment]] allows an accused to avoid testifying in his own case, and gives him the right to counsel. The [[Supreme Court]] later required [[government]] to read Miranda warnings to any accused held in custody before interrogating him.

The [[Sixth Amendment]] established the right to counsel, and the [[Supreme Court]] later forced states to pay for an attorney when the defendant cannot afford it. It also establishes the right to an “impartial” [[jury]] in the district where the crime allegedly occurred, and a right to a speedy and public [[trial]]. This expands on the right to jury trial in the original [[Constitution]].

The [[Seventh Amendment]] establishes a right to [[jury]] [[trial]] in civil (non-criminal) cases involving more than $20 (which isn’t much today, due to inflation!).

The [[Eighth Amendment]] prohibits excessive [[bail]] requirements, which is what an accused must post to be released from jail before trial. It also prohibits excessive fines or [[Cruel and Unusual Punishment]].

The Seventh of the [[Ten Commandments]] says “Neither shall you bear false witness against your neighbor.” [[Deuteronomy]] 5:20. That prohibits false accusations, and false testimony in court. If everyone obeyed this commandment, then many of the above protections would not be needed.

In fact, false accusations were a problem in colonial [[America]] as they are today. Colonists feared the power of the new [[government]] being used to intimidate witnesses into testifying falsely, and imprisoning critics of [[government]]. During the presidency of [[John Adams]], a few of his opponents were fined and even imprisoned under the [[Sedition Act]] for criticizing the [[president]].

The [[Sixth Amendment]] contains perhaps the greatest safeguard of all against false accusation: the right “to be confronted with the [[witness]]es against him.” This includes the right of cross-examination, by which an accused person's [[attorney]] can question the [[government]] [[witness]]es in open court. Statements made outside of court can be excluded in criminal trials if the defendant lacks an opportunity to cross-examine the person who made the statement. “I heard someone say he saw defendant rob the bank” isn’t going to be allowed, unless that someone is cross-examined in open court.

Many feel that these amendments have been expanded too far to protect dangerous [[criminal]]s. This became a national controversy in the 1960s, as the [[Supreme Court]] interpreted these amendments broadly in favor of [[criminal]] defendants.

Others, while no friends of real criminals, feel we need the protections to limit a [[government]] greedy for power. [[Christianity]] is based on the unlawful execution of an innocent man, [[Jesus]]. He had no right to an [[attorney]] in [[Roman]] court. The [[Greeks]], not the [[Roman]]s, allowed advocates or [[attorney]]s in [[trial]]s.

Many would rather see fifty guilty persons go free than to wrongly convict an innocent man. What do you think?

==[[Federalism]] & the [[Constitution]]==

The [[Supremacy Clause]] may be the most important provision in the entire Constitution. It is on page 328:

:This [[Constitution]], and the Laws of the [[United States]] which shall be made in Pursuance thereof ... shall be the supreme [[Law]] of the Land ... any Thing in the [[Constitution]] or Laws of any State to the Contrary notwithstanding.

U.S. Const. Art. VI.

What does it mean? It means that [[Congress]] overrides every state law and state [[constitution]]. The federal [[government]] reigns supreme. What it says, goes.

In our history, states have sometimes defied congressional law. [[James Madison]] and [[Thomas Jefferson]] themselves started the nullification doctrine, declaring that a state could nullify as unconstitutional an act of [[Congress]] (in their case, the Alien and [[Sedition Act]]s in 1798). After all, what is a state to do if [[Congress]] and the [[Supreme Court]] team up against it? In 1809, the [[Pennsylvania]] legislature ordered the state militia to prevent a federal marshal from serving a writ (order) that it felt was unconstitutional. The federal officers simply arrested the state militia, but [[James Madison]] pardoned them.

Later, nullification doctrine led to the [[Civil War]] because it justified secession. As recently as 1956, southern states invoked the doctrine to reject the [[Supreme Court]] ruling of [[Brown v. Board of Education]] (1954), which desegregated schools. The federal [[government]] enforced that ruling over objections by southern states.

Some states, like [[West Virginia]], defer to federal law in their own state constitutions. Article 1, Section 1 of the West Virginia Constitution provides:

:The State of [[West Virginia]] is, and shall remain, one of the [[United States]] of [[America]]. The [[Constitution]] of the [[United States]] of [[America]], and the laws and treaties made in pursuance thereof shall be the supreme law of the land.

Perhaps you can think of why [[West Virginia]] expressly accepts federal supremacy. (Answer: [[West Virginia]] was formed by splitting off from [[Virginia]] in order to join the Union during the [[Civil War]]. [[Virginia]] remained with the southern Confederacy.)

Large states, like [[New York]], [[Virginia]] and [[Massachusetts]], were very reluctant to give away their power to the federal [[government]] by ratifying the [[Constitution]]. [[James Madison]] assured them that the “powers delegated by the proposed [[Constitution]] to the federal [[government]] are few and defined. Those that are to remain in the State [[government]]s are numerous and indefinite.” (Federalist No. 45)

Madison’s assurance seemed true at the beginning, but over time the federal [[government]] seized more and more power for itself, as opponents of the [[Constitution]] had feared.

==Key Decisions concerning Federalism==

The [[Supreme Court]] is part of the federal [[government]], and until recently it has consistently expanded federal power. This is self-serving and predictable. Many, unfortunately, like to seize more power for themselves. Also, many [[judge]]s tend to enjoy exercising authority over others.

In ''Marbury v. Madison'' (1801), the [[Supreme Court]] grabbed the power to invalidate laws of [[Congress]] as un[[constitution]]al. This is known as the principle of “judicial review.” It affects the relative power of the [[Supreme Court]] with respect to [[Congress]]. It does not affect [[federalism]], because the [[state]]s were not involved.

In ''McCulloch v. Maryland'' (1819), the [[Supreme Court]] decided a contest between the federal [[government]] and the state of [[Maryland]]. Guess which side the [[Supreme Court]] chose? The federal [[government]], of course, because that is what the [[Supreme Court]] itself is. It held that the [[Necessary and Proper Clause]] of the [[Constitution]] gives [[Congress]] broad powers. The [[state]]s cannot interfere with a law passed by [[Congress]]. (In this case, [[Maryland]] tried to tax the national bank operating within its state. The [[Court]] voided the tax.)

The expansion of federal power continued in the courts for another 150 years. Not until Justice [[William Rehnquist]] arrived to the [[Supreme Court]] did the tone start to change. Here are some more examples:

In ''Gibbons v. Ogden'' (1824), the [[Supreme Court]] interpreted the [[Commerce Clause]] to include virtually any business activity between two or more [[state]]s. This greatly reduced the power of [[state]]s to regulate commerce.

Now, much legislation by [[Congress]] is justified based on the [[Commerce Clause]]. For example, civil rights legislation banning discrimination in places of public accommodation (e.g., hotels, restaurants, trains, airplanes) is based in the [[Commerce Clause]]. This was upheld by Heart of Atlanta Motel v. United States (1964). Since almost anything affects commerce, it is difficult to find many limits on federal power anymore.

One limit that does still exist is in family law. It remains outside the reach of the federal [[government]]. Education has also been beyond federal power, but President Bush’s No Child Left Behind has greatly expanded federal influence in this area. Most types of crimes, including most murders, are still beyond federal power. States alone can prosecute them, unless state lines were crossed during the commission of the crime.

===Types of Federalism===

Let’s review various forms of national [[government]]:

[[unitary system]]: national [[government]] has all the power. Examples: [[England]], [[France]] and [[Italy]].

[[co-federal system]]: states have all the power. Examples: colonies under [[Articles of Confederation]].

In between these systems is the [[federalism]] unique to our [[Constitution]]. For legal, political and [[economic]] reasons, the system has changed over the years:

[[dual federalism]] (1788-1932): limited federal [[government]] no stronger than the states. Each has its own separate authority. Not much cooperation between the two. Examples: federal [[government]] runs the mail routes, state [[government]] runs the police.

[[cooperative federalism]] (1932-1965): responsibilities of federal and state [[government]] are mixed. Exclusive state power erodes.

[[centralized federalism]] (1965-1972): federal [[government]] asserts its power in cities, health care, schools, etc., with large spending programs under President Johnson’s Great Society. Also known as “[[creative federalism]].”

[[new federalism]] (1972-today): [[conservative]] movement to return power and money back to the states, away from the federal [[government]].

Which do liberals prefer? A strong federal [[government]]. Which do conservatives prefer? A weak federal [[government]].

Here is a more difficult question: which do big companies prefer? Think about it. (Answer: Big companies want to avoid 50 different state regulations. They tend to prefer a strong federal [[government]]. Hence big business creates another source of pressure for weakening state power further.)

===Issues===

#Are laws against certain advertisements un[[constitution]]al?
#*The federal [[government]] reserves the right to prohibit certain types of advertising, such as ads for harmful products like [[alcohol]] or [[cigarette]]s. [[Tobacco]] companies voluntarily stopped television ads rather than wait until the federal [[government]] banned them. The [[First Amendment]] says “[[Congress]] shall make no law ... abridging the freedom of speech.” Should the federal [[government]] have the power to ban certain types of ads?
#free 50 guilty defendants rather than convict one innocent defendant?
#*The [[Bill of Rights]] contains many protections for criminal defendants. Clearly, these rules will allow some guilty defendants to go free in order to minimize convictions of innocent persons. Do you agree with this approach?
#Is there a [[constitution]]al right for defendants to question potential jurors before trial?
#*The selection of the [[jury]] is often the most important aspect of a criminal trial. The [[Sixth Amendment]] guarantees an “impartial jury,” so questions are asked of potential jurors to identify bias for one side or the other. A jury that favors [[government]] is what the prosecutor wants; a jury skeptical of [[government]] is what the defendant seeks. How much freedom should the defendant have in asking questions of potential jurors before they are chosen for the trial? This process is known as “voir dire.” In state court, defendants have much more leeway than in federal court, and the conviction rate is higher in federal court partly for this reason. Should defendants have a right for their attorneys to question potential jurors during jury selection?
#Does the [[Fourth Amendment]] prohibit drug testing of all public school students?

[[category:Homeschool Curriculum]]

American Government Lecture One 2007

2007-10-01T15:10:32Z

Mer: /* '''VII. Issues to Consider (Optional - extra credit)''' */

'''American Government'''

'''First Lecture - THE CONSTITUTION'''

'''Instructor: Andy Schlafly'''

==='''I. Introduction'''===

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!”

[[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.

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]].

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.

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.

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.

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.

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'''===

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.

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]].

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 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.

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

==='''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.

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.

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.

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 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.

==='''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 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.

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)

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?

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]].

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]]).

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.

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!

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.

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]].

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.

==='''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?

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.

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.

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.

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.

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)

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

1. By listing specific [[power]]s (e.g., running a post office).
 2. By creating three branches as “[[checks and balances]]” on each other.
 3. By making it difficult for one branch to act alone, without agreement by another branch.
 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 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.

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

Article I - Congress. This sets forth its [[power]]s and limits.
 Section 1 - Two parts of Congress ([[bicameral]])
 Section 2 - House Term and Method of Election
 Section 3 - Senate Term, Method of Election, and Vote
 Section 4 - Elections
 Section 5 - Rules
 Section 6 - Compensation and Immunities
 Section 7 - Enacting Legislation, and [[Veto]]
 Section 8 - [[Power]]s of Congress
 some exclusive (e.g., Post Office), some not (e.g., bankruptcy [[law]]s)
 Section 9 - Limits on Congress
 Section 10 - Limits on States

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

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

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

 Article V - Amendment process.

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

 Article VII – ratification process for Constitution itself.

 [[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.

==='''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.

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.

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.

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).

==='''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:

1. Should Congress limit 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?

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))

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]]?

[[Category:Lectures]]

American Government Lecture One 2007

2007-10-01T15:07:16Z

Mer: /* '''VI. Checks and Balances/Separation of Powers''' */

'''American Government'''

'''First Lecture - THE CONSTITUTION'''

'''Instructor: Andy Schlafly'''

==='''I. Introduction'''===

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!”

[[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.

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]].

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.

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.

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.

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.

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'''===

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.

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]].

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 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.

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

==='''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.

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.

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.

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 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.

==='''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 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.

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)

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?

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]].

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]]).

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.

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!

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.

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]].

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.

==='''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?

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.

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.

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.

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.

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)

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

1. By listing specific [[power]]s (e.g., running a post office).
 2. By creating three branches as “[[checks and balances]]” on each other.
 3. By making it difficult for one branch to act alone, without agreement by another branch.
 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 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.

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

Article I - Congress. This sets forth its [[power]]s and limits.
 Section 1 - Two parts of Congress ([[bicameral]])
 Section 2 - House Term and Method of Election
 Section 3 - Senate Term, Method of Election, and Vote
 Section 4 - Elections
 Section 5 - Rules
 Section 6 - Compensation and Immunities
 Section 7 - Enacting Legislation, and [[Veto]]
 Section 8 - [[Power]]s of Congress
 some exclusive (e.g., Post Office), some not (e.g., bankruptcy [[law]]s)
 Section 9 - Limits on Congress
 Section 10 - Limits on States

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

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

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

 Article V - Amendment process.

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

 Article VII – ratification process for Constitution itself.

 [[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.

==='''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.

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.

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.

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).

==='''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:

1. Should Congress limit 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?

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))

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]]?

[[Category:Lectures]]

American Government Lecture One 2007

2007-10-01T15:03:56Z

Mer: /* '''V. U.S. Constitution''' */

'''American Government'''

'''First Lecture - THE CONSTITUTION'''

'''Instructor: Andy Schlafly'''

==='''I. Introduction'''===

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!”

[[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.

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]].

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.

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.

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.

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.

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'''===

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.

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]].

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 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.

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

==='''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.

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.

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.

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 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.

==='''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 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.

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)

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?

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]].

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]]).

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.

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!

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.

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]].

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.

==='''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?

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.

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.

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.

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.

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)

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

1. By listing specific [[power]]s (e.g., running a post office).
 2. By creating three branches as “[[checks and balances]]” on each other.
 3. By making it difficult for one branch to act alone, without agreement by another branch.
 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 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.

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

Article I - Congress. This sets forth its [[power]]s and limits.
 Section 1 - Two parts of Congress ([[bicameral]])
 Section 2 - House Term and Method of Election
 Section 3 - Senate Term, Method of Election, and Vote
 Section 4 - Elections
 Section 5 - Rules
 Section 6 - Compensation and Immunities
 Section 7 - Enacting Legislation, and [[Veto]]
 Section 8 - [[Power]]s of Congress
 some exclusive (e.g., Post Office), some not (e.g., bankruptcy [[law]]s)
 Section 9 - Limits on Congress
 Section 10 - Limits on States

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

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

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

 Article V - Amendment process.

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

 Article VII – ratification process for Constitution itself.

 [[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.

==='''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.

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.

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.

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).

==='''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:

1. Should Congress limit 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?

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))

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]]?

[[Category:Lectures]]

American Government Lecture One 2007

2007-10-01T14:52:11Z

Mer: /* '''IV. “Federal”''' */

'''American Government'''

'''First Lecture - THE CONSTITUTION'''

'''Instructor: Andy Schlafly'''

==='''I. Introduction'''===

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!”

[[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.

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]].

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.

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.

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.

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.

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'''===

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.

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]].

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 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.

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

==='''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.

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.

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.

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 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.

==='''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 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.

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)

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?

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]].

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]]).

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.

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!

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.

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]].

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.

==='''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?

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.

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.

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.

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.

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)

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

1. By listing specific [[power]]s (e.g., running a post office).
 2. By creating three branches as “checks and balances” on each other.
 3. By making it difficult for one branch to act alone, without agreement by another branch.
 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 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.

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

Article I - Congress. This sets forth its [[power]]s and limits.
 Section 1 - Two parts of Congress (bicameral)
 Section 2 - House Term and Method of Election
 Section 3 - Senate Term, Method of Election, and Vote
 Section 4 - Elections
 Section 5 - Rules
 Section 6 - Compensation and Immunities
 Section 7 - Enacting Legislation, and Veto
 Section 8 - [[Power]]s of Congress
 some exclusive (e.g., Post Office), some not (e.g., bankruptcy [[law]]s)
 Section 9 - Limits on Congress
 Section 10 - Limits on States

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

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

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

 Article V - Amendment process.

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

 Article VII – ratification process for Constitution itself.

 [[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.

==='''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.

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.

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.

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).

==='''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:

1. Should Congress limit 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?

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))

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]]?

[[Category:Lectures]]

American Government Lecture One 2007

2007-10-01T14:23:50Z

Mer: /* '''II. Purpose of Course''' */

'''American Government'''

'''First Lecture - THE CONSTITUTION'''

'''Instructor: Andy Schlafly'''

==='''I. Introduction'''===

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!”

[[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.

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]].

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.

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.

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.

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.

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'''===

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.

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]].

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 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.

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

==='''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.

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.

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.

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 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.

==='''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 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.

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)

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?

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]].

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 copyrighted 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.

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!

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.

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]].

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.

==='''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?

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.

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.

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.

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.

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)

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

1. By listing specific [[power]]s (e.g., running a post office).
 2. By creating three branches as “checks and balances” on each other.
 3. By making it difficult for one branch to act alone, without agreement by another branch.
 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 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.

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

Article I - Congress. This sets forth its [[power]]s and limits.
 Section 1 - Two parts of Congress (bicameral)
 Section 2 - House Term and Method of Election
 Section 3 - Senate Term, Method of Election, and Vote
 Section 4 - Elections
 Section 5 - Rules
 Section 6 - Compensation and Immunities
 Section 7 - Enacting Legislation, and Veto
 Section 8 - [[Power]]s of Congress
 some exclusive (e.g., Post Office), some not (e.g., bankruptcy [[law]]s)
 Section 9 - Limits on Congress
 Section 10 - Limits on States

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

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

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

 Article V - Amendment process.

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

 Article VII – ratification process for Constitution itself.

 [[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.

==='''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.

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.

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.

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).

==='''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:

1. Should Congress limit 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?

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))

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]]?

[[Category:Lectures]]

American Government Lecture One 2007

2007-10-01T14:21:09Z

Mer: /* '''I. Introduction''' */

'''American Government'''

'''First Lecture - THE CONSTITUTION'''

'''Instructor: Andy Schlafly'''

==='''I. Introduction'''===

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!”

[[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.

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]].

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.

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.

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.

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.

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'''===

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.

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]].

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 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.

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

==='''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.

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.

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.

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 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.

==='''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 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.

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)

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?

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]].

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 copyrighted 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.

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!

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.

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]].

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.

==='''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?

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.

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.

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.

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.

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)

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

1. By listing specific [[power]]s (e.g., running a post office).
 2. By creating three branches as “checks and balances” on each other.
 3. By making it difficult for one branch to act alone, without agreement by another branch.
 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 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.

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

Article I - Congress. This sets forth its [[power]]s and limits.
 Section 1 - Two parts of Congress (bicameral)
 Section 2 - House Term and Method of Election
 Section 3 - Senate Term, Method of Election, and Vote
 Section 4 - Elections
 Section 5 - Rules
 Section 6 - Compensation and Immunities
 Section 7 - Enacting Legislation, and Veto
 Section 8 - [[Power]]s of Congress
 some exclusive (e.g., Post Office), some not (e.g., bankruptcy [[law]]s)
 Section 9 - Limits on Congress
 Section 10 - Limits on States

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

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

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

 Article V - Amendment process.

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

 Article VII – ratification process for Constitution itself.

 [[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.

==='''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.

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.

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.

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).

==='''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:

1. Should Congress limit 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?

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))

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]]?

[[Category:Lectures]]

Contest

2007-09-27T01:58:14Z

Mer: /* Contributors */

This is the contest page for Conservapedia editors and students. The latest period began Thursday, Sept. 13, at 6 pm. Please add tallies for yourself or others. The point system is set forth below.

This is open to all, not merely students in a class.

'''Congratulations to the winners and runners-up!!!'''

Contest winners and new team captains:

*Tash
*SharonS

Runners-up:

*JessicaS
*DeborahB.

'''The Contest will begin this Friday, September 28th. Get ready to rumble!!!!'''

== The Teams ==

Team 1 (mascot not yet chosen)
 Captain: Tash
* HelpJazz
* Crocoite
* Learn together
* DanH
* TK
* Tash
* Ed Poor (pretty sure)

Team 2 ([[Team Galaxy]])
 Captain: SharonS
* Aschlafly
* BethanyS
* Katieb
* Ambers
* Ashleys
*
*
== Contributors ==

These totals need only be approximate:
*Aschlafly (as of Sept. 20, 10:31pm)
**quality new entries: 2
**ordinary new entries: 44
**improved existing entries: 48
**add link: 1
**add terms to [[American Government Terms]]: 4
**undeadend: 25
***Approximate point total: 432

*Tash (as of Sept. 16, 2:46pm)
**quality new entries: 2
**ordinary new entries: 8
**Quality edit of an existing entry:3
**improved existing entries: 116
***Approximate point total: 298

*Crocoite (as of Sept .23, 4:51am)
**See complete edit summary [[User:Crocoite/Contest2|here]]
***Approximate point total: 213

*SharonS (as of Sept. 18, 8:36am)
**See complete edit summary [[User:SharonS/Contest|here]]
***Approximate point total: 193

*JessicaS (as of Sept. 20, 6:54pm)
**unique links to [[American Government Lecture Two]]: 45 (90 points)
**duplicate links to [[American Government Lecture Two]]: 97 (97 points)
***Approximate point total: 187

*DeborahB.
**quality new entry: 1 (including first two cases in [[U.S. Supreme Court Cases]]
**add terms to [[American Government Terms]]:76
**ordinary new entries: 11
**quality edit of an existing entry:10 (including 9 new cases in [[U.S. Supreme Court Cases]]
***Approximate point total: 154

*Mer (as of Sept. 26, 9:50pm)
**Quality new entries: 2
**Ordinary new entries: 4
**Added to [[Special:Wantedpages]]: 3
**Added links: 19
**Added category: 1
**Added terms:2
***Approximate point total: 92

*BethanyS (as of Sept. 16, 1:30pm)
**quality new entries: 1
**ordinary new entries: 8
**Added to [[American Government Terms]] list: 64
***Approximate point total: 90

*Katieb (as of Sept. 16, 10:54pm)
**quality new entries: 3
**ordinary new entries: 6
**improved existing entries: 2
***Approximate point total: 72

*RachelN (as of Sept. 20, 3:55pm)
**ordinary new entries: 2
**quality new entries: 4
**Added to [[Special:Wantedpages]]: 3
***Approximate point total: 61

*Ashleys (as of Sept. 20, 2:16pm)
**quality new entries: 3
**&Ordinary new entries:
**Added to [[Special:Wantedpages]]: 2
***Approximate point total: 58

*Ambers (as of Sept. 21, 11:25am)
**ordinary new entries: 5
**added links: 2
**quality new entries: 1
***Approximate point total: 52

*Additioner (as of Sept. 16, 2:42pm)
**quality new entries:
**ordinary new entries: 5
**improved existing entries: 6
**undeadend:
***Approximate point total: 42

*SPierce (as of Sept. 19 5:30pm)
**Quality New Entries: 1
**ordinary new entries: 3
**Added to [[Special:Wantedpages]]: 4
***Approximate point total: 37

*Rbeach (as of Sept. 16, 11 am)
**quality new entries: 3
***Approximate point total: 30

*Joe B (as of Sept. 18, 2pm)
**quality new entries: 1
***Approximate point total: 10

== Point System ==

*Quality new entry: '''10 points'''
**A "quality new entry" includes at least two full-length paragraphs, three relevant citations, several links to other entries, some in-depth content and designations of category. Partial credit is awarded.

*An ordinary new entry: '''6 points'''
**An additional bonus of '''3 points''' is awarded for adding a new entry on the "most-wanted" list, [[Special:Wantedpages]]

*Quality edit of an existing entry: '''4 points'''
**A "quality edit" to an existing article includes at least two extra sentences, an additional reference, and the inclusion of an important or relevant fact.
**Minor edit, such as a correction, of an existing entry: '''2 points'''

*Adding a unique working link within [[American Government Lectures]]: '''2 points'''
**Adding a additional (non-unique) working links for the same term within the same [[American Government Lectures|American Government Lecture]]: '''1 point'''

*Adding a working link within any entry in [[:Category:United States Government]]: '''1 point'''

*Adding two new terms to [[American Government Terms]]: '''1 point'''

*An additional bonus of 1 point is awarded for adding a link to an entry on the [[Special:Deadendpages]], and thereby removing that entry from that list

[[category:Conservapedia]]
[[category:education]]

American Government Lecture One 2007

2007-09-27T01:45:47Z

Mer: /* '''IV. “Federal”''' */

'''American Government'''

'''First Lecture - THE CONSTITUTION'''

'''Instructor: Andy Schlafly'''

==='''I. Introduction'''===

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!”

[[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.

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]].

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.

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.

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 Amendments 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.

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.

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'''===

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.

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]].

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 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.

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

==='''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.

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.

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.

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 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.

==='''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 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.

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)

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?

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]].

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 copyrighted 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.

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!

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.

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]].

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.

==='''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?

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.

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.

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.

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.

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)

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

1. By listing specific [[power]]s (e.g., running a post office).
 2. By creating three branches as “checks and balances” on each other.
 3. By making it difficult for one branch to act alone, without agreement by another branch.
 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 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.

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

Article I - Congress. This sets forth its [[power]]s and limits.
 Section 1 - Two parts of Congress (bicameral)
 Section 2 - House Term and Method of Election
 Section 3 - Senate Term, Method of Election, and Vote
 Section 4 - Elections
 Section 5 - Rules
 Section 6 - Compensation and Immunities
 Section 7 - Enacting Legislation, and Veto
 Section 8 - [[Power]]s of Congress
 some exclusive (e.g., Post Office), some not (e.g., bankruptcy [[law]]s)
 Section 9 - Limits on Congress
 Section 10 - Limits on States

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

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

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

 Article V - Amendment process.

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

 Article VII – ratification process for Constitution itself.

 [[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.

==='''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.

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.

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.

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).

==='''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:

1. Should Congress limit 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?

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))

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]]?

[[Category:Lectures]]

American Government Lecture One 2007

2007-09-27T01:39:21Z

Mer: /* '''I. Introduction''' */

'''American Government'''

'''First Lecture - THE CONSTITUTION'''

'''Instructor: Andy Schlafly'''

==='''I. Introduction'''===

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!”

[[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.

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]].

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.

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.

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 Amendments 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.

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.

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'''===

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.

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]].

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 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.

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

==='''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.

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.

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.

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 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.

==='''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 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.

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)

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?

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]].

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 copyrighted 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.

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!

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.

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]].

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.

==='''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?

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.

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.

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.

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.

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)

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

1. By listing specific [[power]]s (e.g., running a post office).
 2. By creating three branches as “checks and balances” on each other.
 3. By making it difficult for one branch to act alone, without agreement by another branch.
 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 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.

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

Article I - Congress. This sets forth its [[power]]s and limits.
 Section 1 - Two parts of Congress (bicameral)
 Section 2 - House Term and Method of Election
 Section 3 - Senate Term, Method of Election, and Vote
 Section 4 - Elections
 Section 5 - Rules
 Section 6 - Compensation and Immunities
 Section 7 - Enacting Legislation, and Veto
 Section 8 - [[Power]]s of Congress
 some exclusive (e.g., Post Office), some not (e.g., bankruptcy [[law]]s)
 Section 9 - Limits on Congress
 Section 10 - Limits on States

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

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

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

 Article V - Amendment process.

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

 Article VII – ratification process for Constitution itself.

 [[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.

==='''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.

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.

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.

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).

==='''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:

1. Should Congress limit 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?

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))

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]]?

[[Category:Lectures]]

American Government Terms

2007-09-26T17:08:43Z

Mer: /* '''D''' */

'''American Government Terms'''
 
 

Brightly colored (red) links need new descriptions, and the others (blue) need improvement:

== '''A''' ==

*[[Abington School District v. Schempp]]
*[[Administrative Agencies]]
*[[Affirmative Action]]
*[[Agenda Setting]]
*[[Amendment]]
*[[Amicus curiae brief]]
*[[Anti-Federalists]]
*[[Appellate jurisdiction]]
*[[Appointments Clause]]
*[[Appropriations Clause]]
*[[Army Clause]]
*[[Articles of Confederation]]

== '''B''' ==

*[[Barron v. Baltimore]]
*[[Bicameral Legislature]]
*[[Bill]]
*[[Bill of Attainder]]
*[[Blanket Primary]]
*[[Block grants]]
*[[Borrowing Clause]]
*[[Brief]]

== '''C''' ==

*[[Capital-gains Clause]]
*[[Capital-gains Tax]]
*[[Casework]]
*[[Categorical Grant]]
*[[Caucus]]
*[[Checks and Balances]]
*[[Clear and Present Danger Test]]
*[[Closed Convention]]
*[[Closed Primary]]
*[[Closed Rule]]
*[[Cloture]]
*[[Coattail effect]]
*[[Cofederal System]]
*[[Commerce Clause]]
*[[Committee Report]]
*[[Compact Clause]]
*[[Comparable Worth]]
*[[Concurrent Powers]]
*[[Concurring Opinion]]
*[[Compulsory Process Clause]]
*[[Conference Committee]]
*[[Confrontation Clause]]
*[[Congressional Review]]
*[[Congressional-executive Agreement]]
*[[Constitutional Convention]]
*[[Constitutional Courts]]
*[[Cooperative Federalism]]
*[[Copyright Clause]]
*[[Cost-benefit Analysis]]
*[[Creative Federalism]]
*[[Cross-ownership]]
*[[Cruel and Unusual Punishments Clause]]

== '''D''' ==

*[[De Facto Segregation]]
*[[De Jure Segregation]]
*[[Delegate]]
*[[Delegated Powers]]
*[[Deregulation]]
*[[Detente]]
*[[Discount Rate]]
*[[Discretionary Spending]]
*[[Dissenting opinion]]
*[[Domino Theory]]
*[[Double Jeopardy]]
*[[Dual federalism]]
*[[Due Federalism]]
*[[Due process]]

== '''E''' ==

*[[Electoral College]]
*[[Eminent Domain]]
*[[Emoluments Clause]]
*[[Enclave Clause]]
*[[Entitlements]]
*[[Enumerated Powers]]
*[[Equal Access Rule]]
*[[Establishment Clause]]
*[[Ex Post Facto Law]]
*[[Exclusionary Rule]]
*[[Executive Agreement]]
*[[Executive Branch]]
*[[Executive Order]]
*[[Executive Vesting Clause]]
*[[Exit Pole]]

== '''F''' ==

*[[Fairness Doctrine]]
*[[Fast Track Authority]]
*[[Federal Budget Deficit]]
*[[Federal Convention]]
*[[Federalist Party]]
*[[Federal System]]
*[[Federalists]]
*[[Federalism]]
*[[Filibuster]]
*[[Fiscal policy]]
*[[First Constitutional Congress]]
*[[Flat Tax]]
*[[Franking Privilege]]
*[[Free Exercise Clause]]
*[[Free Rider]]
*[[Front-loading]]
*[[Fruit of the poisonous tree]]
*[[Fugitive Slave Clause]]
*[[Full Faith and Credit Clause]]

== '''G''' ==

*[[Gender Gap]]
*[[General Agreement on Tariff and Trade]]
*[[Gerrymandering]]
*[[Gitlow v. New York]]
*[[Good-faith Exception]]
*[[Government Corporation]]
*[[Grassroots Lobbying]]
*[[Great Compromise]]
*[[Gross Domestic Product]]
*[[Group of Eight]]
*[[Gregg v. Georgia]]
*[[Guarantee Clause]]

== '''H''' ==

*[[Hard Money]]
*[[Hate Speech]]
*[[Heightened Scrutiny]]

== '''I''' ==

*[[Implied Powers]]
*[[Impeachment Clause]]
*[[Import-Export Clause]]
*[[Incorporation Doctrine]]
*[[Independent Executive Agency]]
*[[Independent Regulatory Agency]]
*[[Interest Group]]
*[[Interstate Rendition Clause]]
*[[Issue Network]]

== '''J''' ==

*[[Jim Crow Laws]]
*[[Joint Committee]]
*[[Judicial Activism]]
*[[Judicial Branch]]
*[[Judicial Restraint]]
*[[Judicial Review]]

== '''K''' ==

*[[Keynesian Economics]]

== '''L''' ==

*[[Laissez-faire Economics]]
*[[LAPS Test]]
*[[Layer cake federalism]]
*[[Leak]]
*[[Legislative Branch]]
*[[Legislative Courts]]
*[[Legislative Veto]]
*[[Lemon Test]]
*[[Line-item veto]]
*[[Lobbying]]
*[[Logrolling]]

== '''M''' ==

*[[Mandate]]
*[[Mandatory Spending]]
*[[Margin of Error]]
*[[Means Test]]
*[[Media event]]
*[[Midterm elections]]
*[[Minimum-rationality standard]]
*[[Miranda warning]]
*[[Monetary policy]]
*[[Muckrakers]]

== '''N''' ==

*[[Navy Clause]]
*[[Necessary and Proper Clause]]
*[[New Jersey Plan]]
*[[New Deal Coalition]]
*[[New Federalism]]
*[[New States Clause]]
*[[Nonpartisan election]]
*[[North American Free Trade Agreement (NAFTA)]]

== '''O''' ==
*[[Off the record]]
*[[On backround]]
*[[On deep backround]]
*[[On the record]]
*[[On backround]]
*[[On deep backround]]
*[[On the record]]
*[[Open convention]]
*[[Opinion Clause]]
*[[Original jurisdiction]]

== '''P''' ==
*[[Pardon Power]]
*[[Party dealignment]]
*[[Party machine]]
*[[Party realignment]]
*[[Platform]]
*[[Plurality opinion]]
*[[Pocket veto]]
*[[Policy formulation]]
*[[Political agenda]]
*[[Political ideology]]
*[[Political socialization]]
*[[Pork-barrel legislation]]
*[[Presidential Veto]]
*[[Privileges and Immunities Clause]]
*[[Property Clause]]
*[[Proportional representation]]

== '''R''' ==
*[[Random digit dialing]]
*[[Random sampling]]
*[[Reapportionment]]
*[[Recess appointment]]
*[[Recess Appointments Clause]]
*[[Recession]]
*[[Recommendations Clause]]
*[[Reexamination Clause]]
*[[Regressive tax]]
*[[Reserved powers]]
*[[Revenue sharing]]
*[[Reverse discrimination]]
*[[Revolving door]]
*[[Rider]]
*[[Right-of-rebuttal rule]]
*[[Right-to-Counsel Clause]]
*[[Rule making]]
*[[Rule of four]]

== '''S''' ==
*[[Second Constitutional Congress]]
*[[Self-incrimination]]
*[[Select committee]]
*[[Senatorial courtesy]]
*[[Separation of powers]]
*[[Shield laws]]
*[[Soft money]]
*[[Sound bite]]
*[[Southern strategy]]
*[[Speech and Debate Clause]]
*[[Spending Clause]]
*[[Splinter parties]]
*[[Split-ticket voting]]
*[[Spoils system]]
*[[Stagflation]]
*[[Standard operating procedures]]
*[[Standing committee]]
*[[Stare decisis]]
*[[Straight-ticket voting]]
*[[Superdelegate]]
*[[Supply-side economics]]
*[[Supremacy Clause]]
*[[Supreme Court]]

== '''T''' ==
*[[Take Care Clause]]
*[[Three-Fifths Compromise]]
*[[Treaty Clause]]
*[[Trial balloon]]
*[[Trustee]]

== '''U''' ==
*[[Unemployment rate]]
*[[Unicameral legislature]]
*[[Unitary system]]

== '''V''' ==
*[[Value-added tax]]
*[[Virginia Plan]]
*[[Voter turnout]]

== '''W''' ==
*[[War Powers Act]]
*[[Warantless searches]]
*[[Whips]]
*[[White primary]]
*[[Winner-take-all primary]]
*[[Workfare]]
*[[Writ of certiorari]]
*[[Writ of habeas corpus]]

The following ''advanced'' decisions relate to the [[Seventh Amendment]] protection in [[civil]] cases that "no fact tried by a jury, shall be otherwise re-examined in any [[Court]] of the [[United States]], than according to the rules of the [[common law]]":

*[[Aetna Life Insurance Co. v. Ward]]
*[[Barry v. Edmunds]]
*[[Blunt v. Little]]
*[[Cooper Industries, Inc. v. Leatherman Tool Group, Inc.]]
*[[Gasperini v. Center for Humanities, Inc.]]
*[[Metropolitan Railway Co. v. Moore]]
*[[Parklane Hosiery Co. v. Shore]]
*[[Parsons v. Bedford]]
*[[Pullman-Standard v. Swint]]
*[[St. Louis, Iron Mountain and Southern Railway Co. v. Craft]]
*[[United States v. Jefferson Electric Manufacturing Co.]]
*[[United States v. Wonson]]
*[[Weisgram v. Marley Co.]]
*[[Yellow journalism]]

Please add more terms relating to the [[United States Government]]!

[[Category:Conservapedia]]
[[Category:United States Government]]

American Government Terms

2007-09-26T17:07:52Z

Mer: /* '''D''' */

'''American Government Terms'''
 
 

Brightly colored (red) links need new descriptions, and the others (blue) need improvement:

== '''A''' ==

*[[Abington School District v. Schempp]]
*[[Administrative Agencies]]
*[[Affirmative Action]]
*[[Agenda Setting]]
*[[Amendment]]
*[[Amicus curiae brief]]
*[[Anti-Federalists]]
*[[Appellate jurisdiction]]
*[[Appointments Clause]]
*[[Appropriations Clause]]
*[[Army Clause]]
*[[Articles of Confederation]]

== '''B''' ==

*[[Barron v. Baltimore]]
*[[Bicameral Legislature]]
*[[Bill]]
*[[Bill of Attainder]]
*[[Blanket Primary]]
*[[Block grants]]
*[[Borrowing Clause]]
*[[Brief]]

== '''C''' ==

*[[Capital-gains Clause]]
*[[Capital-gains Tax]]
*[[Casework]]
*[[Categorical Grant]]
*[[Caucus]]
*[[Checks and Balances]]
*[[Clear and Present Danger Test]]
*[[Closed Convention]]
*[[Closed Primary]]
*[[Closed Rule]]
*[[Cloture]]
*[[Coattail effect]]
*[[Cofederal System]]
*[[Commerce Clause]]
*[[Committee Report]]
*[[Compact Clause]]
*[[Comparable Worth]]
*[[Concurrent Powers]]
*[[Concurring Opinion]]
*[[Compulsory Process Clause]]
*[[Conference Committee]]
*[[Confrontation Clause]]
*[[Congressional Review]]
*[[Congressional-executive Agreement]]
*[[Constitutional Convention]]
*[[Constitutional Courts]]
*[[Cooperative Federalism]]
*[[Copyright Clause]]
*[[Cost-benefit Analysis]]
*[[Creative Federalism]]
*[[Cross-ownership]]
*[[Cruel and Unusual Punishments Clause]]

== '''D''' ==

*[[De Facto Segregation]]
*[[De Jure Segregation]]
*[[Delegate]]
*[[Delegated Powers]]
*[[Deregulation]]
*[[Detente]]
*[[Discount Rate]]
*[[Discretionary Spending]]
*[[Dissenting opinion]]
*[[Domino Theory]]
*[[Double Jeopardy]]
*[[Due Federalism]]
*[[Due process]]

== '''E''' ==

*[[Electoral College]]
*[[Eminent Domain]]
*[[Emoluments Clause]]
*[[Enclave Clause]]
*[[Entitlements]]
*[[Enumerated Powers]]
*[[Equal Access Rule]]
*[[Establishment Clause]]
*[[Ex Post Facto Law]]
*[[Exclusionary Rule]]
*[[Executive Agreement]]
*[[Executive Branch]]
*[[Executive Order]]
*[[Executive Vesting Clause]]
*[[Exit Pole]]

== '''F''' ==

*[[Fairness Doctrine]]
*[[Fast Track Authority]]
*[[Federal Budget Deficit]]
*[[Federal Convention]]
*[[Federalist Party]]
*[[Federal System]]
*[[Federalists]]
*[[Federalism]]
*[[Filibuster]]
*[[Fiscal policy]]
*[[First Constitutional Congress]]
*[[Flat Tax]]
*[[Franking Privilege]]
*[[Free Exercise Clause]]
*[[Free Rider]]
*[[Front-loading]]
*[[Fruit of the poisonous tree]]
*[[Fugitive Slave Clause]]
*[[Full Faith and Credit Clause]]

== '''G''' ==

*[[Gender Gap]]
*[[General Agreement on Tariff and Trade]]
*[[Gerrymandering]]
*[[Gitlow v. New York]]
*[[Good-faith Exception]]
*[[Government Corporation]]
*[[Grassroots Lobbying]]
*[[Great Compromise]]
*[[Gross Domestic Product]]
*[[Group of Eight]]
*[[Gregg v. Georgia]]
*[[Guarantee Clause]]

== '''H''' ==

*[[Hard Money]]
*[[Hate Speech]]
*[[Heightened Scrutiny]]

== '''I''' ==

*[[Implied Powers]]
*[[Impeachment Clause]]
*[[Import-Export Clause]]
*[[Incorporation Doctrine]]
*[[Independent Executive Agency]]
*[[Independent Regulatory Agency]]
*[[Interest Group]]
*[[Interstate Rendition Clause]]
*[[Issue Network]]

== '''J''' ==

*[[Jim Crow Laws]]
*[[Joint Committee]]
*[[Judicial Activism]]
*[[Judicial Branch]]
*[[Judicial Restraint]]
*[[Judicial Review]]

== '''K''' ==

*[[Keynesian Economics]]

== '''L''' ==

*[[Laissez-faire Economics]]
*[[LAPS Test]]
*[[Layer cake federalism]]
*[[Leak]]
*[[Legislative Branch]]
*[[Legislative Courts]]
*[[Legislative Veto]]
*[[Lemon Test]]
*[[Line-item veto]]
*[[Lobbying]]
*[[Logrolling]]

== '''M''' ==

*[[Mandate]]
*[[Mandatory Spending]]
*[[Margin of Error]]
*[[Means Test]]
*[[Media event]]
*[[Midterm elections]]
*[[Minimum-rationality standard]]
*[[Miranda warning]]
*[[Monetary policy]]
*[[Muckrakers]]

== '''N''' ==

*[[Navy Clause]]
*[[Necessary and Proper Clause]]
*[[New Jersey Plan]]
*[[New Deal Coalition]]
*[[New Federalism]]
*[[New States Clause]]
*[[Nonpartisan election]]
*[[North American Free Trade Agreement (NAFTA)]]

== '''O''' ==
*[[Off the record]]
*[[On backround]]
*[[On deep backround]]
*[[On the record]]
*[[On backround]]
*[[On deep backround]]
*[[On the record]]
*[[Open convention]]
*[[Opinion Clause]]
*[[Original jurisdiction]]

== '''P''' ==
*[[Pardon Power]]
*[[Party dealignment]]
*[[Party machine]]
*[[Party realignment]]
*[[Platform]]
*[[Plurality opinion]]
*[[Pocket veto]]
*[[Policy formulation]]
*[[Political agenda]]
*[[Political ideology]]
*[[Political socialization]]
*[[Pork-barrel legislation]]
*[[Presidential Veto]]
*[[Privileges and Immunities Clause]]
*[[Property Clause]]
*[[Proportional representation]]

== '''R''' ==
*[[Random digit dialing]]
*[[Random sampling]]
*[[Reapportionment]]
*[[Recess appointment]]
*[[Recess Appointments Clause]]
*[[Recession]]
*[[Recommendations Clause]]
*[[Reexamination Clause]]
*[[Regressive tax]]
*[[Reserved powers]]
*[[Revenue sharing]]
*[[Reverse discrimination]]
*[[Revolving door]]
*[[Rider]]
*[[Right-of-rebuttal rule]]
*[[Right-to-Counsel Clause]]
*[[Rule making]]
*[[Rule of four]]

== '''S''' ==
*[[Second Constitutional Congress]]
*[[Self-incrimination]]
*[[Select committee]]
*[[Senatorial courtesy]]
*[[Separation of powers]]
*[[Shield laws]]
*[[Soft money]]
*[[Sound bite]]
*[[Southern strategy]]
*[[Speech and Debate Clause]]
*[[Spending Clause]]
*[[Splinter parties]]
*[[Split-ticket voting]]
*[[Spoils system]]
*[[Stagflation]]
*[[Standard operating procedures]]
*[[Standing committee]]
*[[Stare decisis]]
*[[Straight-ticket voting]]
*[[Superdelegate]]
*[[Supply-side economics]]
*[[Supremacy Clause]]
*[[Supreme Court]]

== '''T''' ==
*[[Take Care Clause]]
*[[Three-Fifths Compromise]]
*[[Treaty Clause]]
*[[Trial balloon]]
*[[Trustee]]

== '''U''' ==
*[[Unemployment rate]]
*[[Unicameral legislature]]
*[[Unitary system]]

== '''V''' ==
*[[Value-added tax]]
*[[Virginia Plan]]
*[[Voter turnout]]

== '''W''' ==
*[[War Powers Act]]
*[[Warantless searches]]
*[[Whips]]
*[[White primary]]
*[[Winner-take-all primary]]
*[[Workfare]]
*[[Writ of certiorari]]
*[[Writ of habeas corpus]]

The following ''advanced'' decisions relate to the [[Seventh Amendment]] protection in [[civil]] cases that "no fact tried by a jury, shall be otherwise re-examined in any [[Court]] of the [[United States]], than according to the rules of the [[common law]]":

*[[Aetna Life Insurance Co. v. Ward]]
*[[Barry v. Edmunds]]
*[[Blunt v. Little]]
*[[Cooper Industries, Inc. v. Leatherman Tool Group, Inc.]]
*[[Gasperini v. Center for Humanities, Inc.]]
*[[Metropolitan Railway Co. v. Moore]]
*[[Parklane Hosiery Co. v. Shore]]
*[[Parsons v. Bedford]]
*[[Pullman-Standard v. Swint]]
*[[St. Louis, Iron Mountain and Southern Railway Co. v. Craft]]
*[[United States v. Jefferson Electric Manufacturing Co.]]
*[[United States v. Wonson]]
*[[Weisgram v. Marley Co.]]
*[[Yellow journalism]]

Please add more terms relating to the [[United States Government]]!

[[Category:Conservapedia]]
[[Category:United States Government]]

American Government Terms

2007-09-26T17:07:20Z

Mer: /* '''D''' */

'''American Government Terms'''
 
 

Brightly colored (red) links need new descriptions, and the others (blue) need improvement:

== '''A''' ==

*[[Abington School District v. Schempp]]
*[[Administrative Agencies]]
*[[Affirmative Action]]
*[[Agenda Setting]]
*[[Amendment]]
*[[Amicus curiae brief]]
*[[Anti-Federalists]]
*[[Appellate jurisdiction]]
*[[Appointments Clause]]
*[[Appropriations Clause]]
*[[Army Clause]]
*[[Articles of Confederation]]

== '''B''' ==

*[[Barron v. Baltimore]]
*[[Bicameral Legislature]]
*[[Bill]]
*[[Bill of Attainder]]
*[[Blanket Primary]]
*[[Block grants]]
*[[Borrowing Clause]]
*[[Brief]]

== '''C''' ==

*[[Capital-gains Clause]]
*[[Capital-gains Tax]]
*[[Casework]]
*[[Categorical Grant]]
*[[Caucus]]
*[[Checks and Balances]]
*[[Clear and Present Danger Test]]
*[[Closed Convention]]
*[[Closed Primary]]
*[[Closed Rule]]
*[[Cloture]]
*[[Coattail effect]]
*[[Cofederal System]]
*[[Commerce Clause]]
*[[Committee Report]]
*[[Compact Clause]]
*[[Comparable Worth]]
*[[Concurrent Powers]]
*[[Concurring Opinion]]
*[[Compulsory Process Clause]]
*[[Conference Committee]]
*[[Confrontation Clause]]
*[[Congressional Review]]
*[[Congressional-executive Agreement]]
*[[Constitutional Convention]]
*[[Constitutional Courts]]
*[[Cooperative Federalism]]
*[[Copyright Clause]]
*[[Cost-benefit Analysis]]
*[[Creative Federalism]]
*[[Cross-ownership]]
*[[Cruel and Unusual Punishments Clause]]

== '''D''' ==

*[[De Facto Segregation]]
*[[De Jure Segregation]]
*[[Delegate]]
*[[Delegated Powers]]
*[[Deregulation]]
*[[Detente]]
*[[Discount Rate]]
*[[Discretionary Spending]]
*[[Dissenting opinion]]
*[[Domino Theory]]
*[[Double Jeopardy]]
*[[Dual Federalism]]
*[[Due Federalism]]
*[[Due process]]

== '''E''' ==

*[[Electoral College]]
*[[Eminent Domain]]
*[[Emoluments Clause]]
*[[Enclave Clause]]
*[[Entitlements]]
*[[Enumerated Powers]]
*[[Equal Access Rule]]
*[[Establishment Clause]]
*[[Ex Post Facto Law]]
*[[Exclusionary Rule]]
*[[Executive Agreement]]
*[[Executive Branch]]
*[[Executive Order]]
*[[Executive Vesting Clause]]
*[[Exit Pole]]

== '''F''' ==

*[[Fairness Doctrine]]
*[[Fast Track Authority]]
*[[Federal Budget Deficit]]
*[[Federal Convention]]
*[[Federalist Party]]
*[[Federal System]]
*[[Federalists]]
*[[Federalism]]
*[[Filibuster]]
*[[Fiscal policy]]
*[[First Constitutional Congress]]
*[[Flat Tax]]
*[[Franking Privilege]]
*[[Free Exercise Clause]]
*[[Free Rider]]
*[[Front-loading]]
*[[Fruit of the poisonous tree]]
*[[Fugitive Slave Clause]]
*[[Full Faith and Credit Clause]]

== '''G''' ==

*[[Gender Gap]]
*[[General Agreement on Tariff and Trade]]
*[[Gerrymandering]]
*[[Gitlow v. New York]]
*[[Good-faith Exception]]
*[[Government Corporation]]
*[[Grassroots Lobbying]]
*[[Great Compromise]]
*[[Gross Domestic Product]]
*[[Group of Eight]]
*[[Gregg v. Georgia]]
*[[Guarantee Clause]]

== '''H''' ==

*[[Hard Money]]
*[[Hate Speech]]
*[[Heightened Scrutiny]]

== '''I''' ==

*[[Implied Powers]]
*[[Impeachment Clause]]
*[[Import-Export Clause]]
*[[Incorporation Doctrine]]
*[[Independent Executive Agency]]
*[[Independent Regulatory Agency]]
*[[Interest Group]]
*[[Interstate Rendition Clause]]
*[[Issue Network]]

== '''J''' ==

*[[Jim Crow Laws]]
*[[Joint Committee]]
*[[Judicial Activism]]
*[[Judicial Branch]]
*[[Judicial Restraint]]
*[[Judicial Review]]

== '''K''' ==

*[[Keynesian Economics]]

== '''L''' ==

*[[Laissez-faire Economics]]
*[[LAPS Test]]
*[[Layer cake federalism]]
*[[Leak]]
*[[Legislative Branch]]
*[[Legislative Courts]]
*[[Legislative Veto]]
*[[Lemon Test]]
*[[Line-item veto]]
*[[Lobbying]]
*[[Logrolling]]

== '''M''' ==

*[[Mandate]]
*[[Mandatory Spending]]
*[[Margin of Error]]
*[[Means Test]]
*[[Media event]]
*[[Midterm elections]]
*[[Minimum-rationality standard]]
*[[Miranda warning]]
*[[Monetary policy]]
*[[Muckrakers]]

== '''N''' ==

*[[Navy Clause]]
*[[Necessary and Proper Clause]]
*[[New Jersey Plan]]
*[[New Deal Coalition]]
*[[New Federalism]]
*[[New States Clause]]
*[[Nonpartisan election]]
*[[North American Free Trade Agreement (NAFTA)]]

== '''O''' ==
*[[Off the record]]
*[[On backround]]
*[[On deep backround]]
*[[On the record]]
*[[On backround]]
*[[On deep backround]]
*[[On the record]]
*[[Open convention]]
*[[Opinion Clause]]
*[[Original jurisdiction]]

== '''P''' ==
*[[Pardon Power]]
*[[Party dealignment]]
*[[Party machine]]
*[[Party realignment]]
*[[Platform]]
*[[Plurality opinion]]
*[[Pocket veto]]
*[[Policy formulation]]
*[[Political agenda]]
*[[Political ideology]]
*[[Political socialization]]
*[[Pork-barrel legislation]]
*[[Presidential Veto]]
*[[Privileges and Immunities Clause]]
*[[Property Clause]]
*[[Proportional representation]]

== '''R''' ==
*[[Random digit dialing]]
*[[Random sampling]]
*[[Reapportionment]]
*[[Recess appointment]]
*[[Recess Appointments Clause]]
*[[Recession]]
*[[Recommendations Clause]]
*[[Reexamination Clause]]
*[[Regressive tax]]
*[[Reserved powers]]
*[[Revenue sharing]]
*[[Reverse discrimination]]
*[[Revolving door]]
*[[Rider]]
*[[Right-of-rebuttal rule]]
*[[Right-to-Counsel Clause]]
*[[Rule making]]
*[[Rule of four]]

== '''S''' ==
*[[Second Constitutional Congress]]
*[[Self-incrimination]]
*[[Select committee]]
*[[Senatorial courtesy]]
*[[Separation of powers]]
*[[Shield laws]]
*[[Soft money]]
*[[Sound bite]]
*[[Southern strategy]]
*[[Speech and Debate Clause]]
*[[Spending Clause]]
*[[Splinter parties]]
*[[Split-ticket voting]]
*[[Spoils system]]
*[[Stagflation]]
*[[Standard operating procedures]]
*[[Standing committee]]
*[[Stare decisis]]
*[[Straight-ticket voting]]
*[[Superdelegate]]
*[[Supply-side economics]]
*[[Supremacy Clause]]
*[[Supreme Court]]

== '''T''' ==
*[[Take Care Clause]]
*[[Three-Fifths Compromise]]
*[[Treaty Clause]]
*[[Trial balloon]]
*[[Trustee]]

== '''U''' ==
*[[Unemployment rate]]
*[[Unicameral legislature]]
*[[Unitary system]]

== '''V''' ==
*[[Value-added tax]]
*[[Virginia Plan]]
*[[Voter turnout]]

== '''W''' ==
*[[War Powers Act]]
*[[Warantless searches]]
*[[Whips]]
*[[White primary]]
*[[Winner-take-all primary]]
*[[Workfare]]
*[[Writ of certiorari]]
*[[Writ of habeas corpus]]

The following ''advanced'' decisions relate to the [[Seventh Amendment]] protection in [[civil]] cases that "no fact tried by a jury, shall be otherwise re-examined in any [[Court]] of the [[United States]], than according to the rules of the [[common law]]":

*[[Aetna Life Insurance Co. v. Ward]]
*[[Barry v. Edmunds]]
*[[Blunt v. Little]]
*[[Cooper Industries, Inc. v. Leatherman Tool Group, Inc.]]
*[[Gasperini v. Center for Humanities, Inc.]]
*[[Metropolitan Railway Co. v. Moore]]
*[[Parklane Hosiery Co. v. Shore]]
*[[Parsons v. Bedford]]
*[[Pullman-Standard v. Swint]]
*[[St. Louis, Iron Mountain and Southern Railway Co. v. Craft]]
*[[United States v. Jefferson Electric Manufacturing Co.]]
*[[United States v. Wonson]]
*[[Weisgram v. Marley Co.]]
*[[Yellow journalism]]

Please add more terms relating to the [[United States Government]]!

[[Category:Conservapedia]]
[[Category:United States Government]]

American Government Terms

2007-09-26T16:54:54Z

Mer: /* '''L''' */

'''American Government Terms'''
 
 

Brightly colored (red) links need new descriptions, and the others (blue) need improvement:

== '''A''' ==

*[[Abington School District v. Schempp]]
*[[Administrative Agencies]]
*[[Affirmative Action]]
*[[Agenda Setting]]
*[[Amendment]]
*[[Amicus curiae brief]]
*[[Anti-Federalists]]
*[[Appellate jurisdiction]]
*[[Appointments Clause]]
*[[Appropriations Clause]]
*[[Army Clause]]
*[[Articles of Confederation]]

== '''B''' ==

*[[Barron v. Baltimore]]
*[[Bicameral Legislature]]
*[[Bill]]
*[[Bill of Attainder]]
*[[Blanket Primary]]
*[[Block grants]]
*[[Borrowing Clause]]
*[[Brief]]

== '''C''' ==

*[[Capital-gains Clause]]
*[[Capital-gains Tax]]
*[[Casework]]
*[[Categorical Grant]]
*[[Caucus]]
*[[Checks and Balances]]
*[[Clear and Present Danger Test]]
*[[Closed Convention]]
*[[Closed Primary]]
*[[Closed Rule]]
*[[Cloture]]
*[[Coattail effect]]
*[[Cofederal System]]
*[[Commerce Clause]]
*[[Committee Report]]
*[[Compact Clause]]
*[[Comparable Worth]]
*[[Concurrent Powers]]
*[[Concurring Opinion]]
*[[Compulsory Process Clause]]
*[[Conference Committee]]
*[[Confrontation Clause]]
*[[Congressional Review]]
*[[Congressional-executive Agreement]]
*[[Constitutional Convention]]
*[[Constitutional Courts]]
*[[Cooperative Federalism]]
*[[Copyright Clause]]
*[[Cost-benefit Analysis]]
*[[Creative Federalism]]
*[[Cross-ownership]]
*[[Cruel and Unusual Punishments Clause]]

== '''D''' ==

*[[De Facto Segregation]]
*[[De Jure Segregation]]
*[[Delegate]]
*[[Delegated Powers]]
*[[Deregulation]]
*[[Detente]]
*[[Discount Rate]]
*[[Discretionary Spending]]
*[[Dissenting opinion]]
*[[Domino Theory]]
*[[Double Jeopardy]]
*[[Due Federalism]]
*[[Due process]]

== '''E''' ==

*[[Electoral College]]
*[[Eminent Domain]]
*[[Emoluments Clause]]
*[[Enclave Clause]]
*[[Entitlements]]
*[[Enumerated Powers]]
*[[Equal Access Rule]]
*[[Establishment Clause]]
*[[Ex Post Facto Law]]
*[[Exclusionary Rule]]
*[[Executive Agreement]]
*[[Executive Branch]]
*[[Executive Order]]
*[[Executive Vesting Clause]]
*[[Exit Pole]]

== '''F''' ==

*[[Fairness Doctrine]]
*[[Fast Track Authority]]
*[[Federal Budget Deficit]]
*[[Federal Convention]]
*[[Federalist Party]]
*[[Federal System]]
*[[Federalists]]
*[[Federalism]]
*[[Filibuster]]
*[[Fiscal policy]]
*[[First Constitutional Congress]]
*[[Flat Tax]]
*[[Franking Privilege]]
*[[Free Exercise Clause]]
*[[Free Rider]]
*[[Front-loading]]
*[[Fruit of the poisonous tree]]
*[[Fugitive Slave Clause]]
*[[Full Faith and Credit Clause]]

== '''G''' ==

*[[Gender Gap]]
*[[General Agreement on Tariff and Trade]]
*[[Gerrymandering]]
*[[Gitlow v. New York]]
*[[Good-faith Exception]]
*[[Government Corporation]]
*[[Grassroots Lobbying]]
*[[Great Compromise]]
*[[Gross Domestic Product]]
*[[Group of Eight]]
*[[Gregg v. Georgia]]
*[[Guarantee Clause]]

== '''H''' ==

*[[Hard Money]]
*[[Hate Speech]]
*[[Heightened Scrutiny]]

== '''I''' ==

*[[Implied Powers]]
*[[Impeachment Clause]]
*[[Import-Export Clause]]
*[[Incorporation Doctrine]]
*[[Independent Executive Agency]]
*[[Independent Regulatory Agency]]
*[[Interest Group]]
*[[Interstate Rendition Clause]]
*[[Issue Network]]

== '''J''' ==

*[[Jim Crow Laws]]
*[[Joint Committee]]
*[[Judicial Activism]]
*[[Judicial Branch]]
*[[Judicial Restraint]]
*[[Judicial Review]]

== '''K''' ==

*[[Keynesian Economics]]

== '''L''' ==

*[[Laissez-faire Economics]]
*[[LAPS Test]]
*[[Layer cake federalism]]
*[[Leak]]
*[[Legislative Branch]]
*[[Legislative Courts]]
*[[Legislative Veto]]
*[[Lemon Test]]
*[[Line-item veto]]
*[[Lobbying]]
*[[Logrolling]]

== '''M''' ==

*[[Mandate]]
*[[Mandatory Spending]]
*[[Margin of Error]]
*[[Means Test]]
*[[Media event]]
*[[Midterm elections]]
*[[Minimum-rationality standard]]
*[[Miranda warning]]
*[[Monetary policy]]
*[[Muckrakers]]

== '''N''' ==

*[[Navy Clause]]
*[[Necessary and Proper Clause]]
*[[New Jersey Plan]]
*[[New Deal Coalition]]
*[[New Federalism]]
*[[New States Clause]]
*[[Nonpartisan election]]
*[[North American Free Trade Agreement (NAFTA)]]

== '''O''' ==
*[[Off the record]]
*[[On backround]]
*[[On deep backround]]
*[[On the record]]
*[[On backround]]
*[[On deep backround]]
*[[On the record]]
*[[Open convention]]
*[[Opinion Clause]]
*[[Original jurisdiction]]

== '''P''' ==
*[[Pardon Power]]
*[[Party dealignment]]
*[[Party machine]]
*[[Party realignment]]
*[[Platform]]
*[[Plurality opinion]]
*[[Pocket veto]]
*[[Policy formulation]]
*[[Political agenda]]
*[[Political ideology]]
*[[Political socialization]]
*[[Pork-barrel legislation]]
*[[Presidential Veto]]
*[[Privileges and Immunities Clause]]
*[[Property Clause]]
*[[Proportional representation]]

== '''R''' ==
*[[Random digit dialing]]
*[[Random sampling]]
*[[Reapportionment]]
*[[Recess appointment]]
*[[Recess Appointments Clause]]
*[[Recession]]
*[[Recommendations Clause]]
*[[Reexamination Clause]]
*[[Regressive tax]]
*[[Reserved powers]]
*[[Revenue sharing]]
*[[Reverse discrimination]]
*[[Revolving door]]
*[[Rider]]
*[[Right-of-rebuttal rule]]
*[[Right-to-Counsel Clause]]
*[[Rule making]]
*[[Rule of four]]

== '''S''' ==
*[[Second Constitutional Congress]]
*[[Self-incrimination]]
*[[Select committee]]
*[[Senatorial courtesy]]
*[[Separation of powers]]
*[[Shield laws]]
*[[Soft money]]
*[[Sound bite]]
*[[Southern strategy]]
*[[Speech and Debate Clause]]
*[[Spending Clause]]
*[[Splinter parties]]
*[[Split-ticket voting]]
*[[Spoils system]]
*[[Stagflation]]
*[[Standard operating procedures]]
*[[Standing committee]]
*[[Stare decisis]]
*[[Straight-ticket voting]]
*[[Superdelegate]]
*[[Supply-side economics]]
*[[Supremacy Clause]]
*[[Supreme Court]]

== '''T''' ==
*[[Take Care Clause]]
*[[Three-Fifths Compromise]]
*[[Treaty Clause]]
*[[Trial balloon]]
*[[Trustee]]

== '''U''' ==
*[[Unemployment rate]]
*[[Unicameral legislature]]
*[[Unitary system]]

== '''V''' ==
*[[Value-added tax]]
*[[Virginia Plan]]
*[[Voter turnout]]

== '''W''' ==
*[[War Powers Act]]
*[[Warantless searches]]
*[[Whips]]
*[[White primary]]
*[[Winner-take-all primary]]
*[[Workfare]]
*[[Writ of certiorari]]
*[[Writ of habeas corpus]]

The following ''advanced'' decisions relate to the [[Seventh Amendment]] protection in [[civil]] cases that "no fact tried by a jury, shall be otherwise re-examined in any [[Court]] of the [[United States]], than according to the rules of the [[common law]]":

*[[Aetna Life Insurance Co. v. Ward]]
*[[Barry v. Edmunds]]
*[[Blunt v. Little]]
*[[Cooper Industries, Inc. v. Leatherman Tool Group, Inc.]]
*[[Gasperini v. Center for Humanities, Inc.]]
*[[Metropolitan Railway Co. v. Moore]]
*[[Parklane Hosiery Co. v. Shore]]
*[[Parsons v. Bedford]]
*[[Pullman-Standard v. Swint]]
*[[St. Louis, Iron Mountain and Southern Railway Co. v. Craft]]
*[[United States v. Jefferson Electric Manufacturing Co.]]
*[[United States v. Wonson]]
*[[Weisgram v. Marley Co.]]
*[[Yellow journalism]]

Please add more terms relating to the [[United States Government]]!

[[Category:Conservapedia]]
[[Category:United States Government]]

Contest

2007-09-25T21:22:22Z

Mer:

This is the contest page for Conservapedia editors and students. The latest period began Thursday, Sept. 13, at 6 pm. Please add tallies for yourself or others. The point system is set forth below.

This is open to all, not merely students in a class.

'''Congratulations to the winners and runners-up!!!'''

Contest winners and new team captains:

*Tash
*SharonS

Runners-up:

*JessicaS
*DeborahB.

'''The Contest will begin this Friday, September 28th.'''

== Contributors ==

These totals need only be approximate:
*Aschlafly (as of Sept. 20, 10:31pm)
**quality new entries: 2
**ordinary new entries: 44
**improved existing entries: 48
**add link: 1
**add terms to [[American Government Terms]]: 4
**undeadend: 25
***Approximate point total: 432

*Tash (as of Sept. 16, 2:46pm)
**quality new entries: 2
**ordinary new entries: 8
**Quality edit of an existing entry:3
**improved existing entries: 116
***Approximate point total: 298

*Crocoite (as of Sept .23, 4:51am)
**See complete edit summary [[User:Crocoite/Contest2|here]]
***Approximate point total: 213

*SharonS (as of Sept. 18, 8:36am)
**See complete edit summary [[User:SharonS/Contest|here]]
***Approximate point total: 193

*JessicaS (as of Sept. 20, 6:54pm)
**unique links to [[American Government Lecture Two]]: 45 (90 points)
**duplicate links to [[American Government Lecture Two]]: 97 (97 points)
***Approximate point total: 187

*DeborahB.
**quality new entry: 1 (including first two cases in [[U.S. Supreme Court Cases]]
**add terms to [[American Government Terms]]:76
**ordinary new entries: 11
**quality edit of an existing entry:10 (including 9 new cases in [[U.S. Supreme Court Cases]]
***Approximate point total: 154

*BethanyS (as of Sept. 16, 1:30pm)
**quality new entries: 1
**ordinary new entries: 8
**Added to [[American Government Terms]] list: 64
***Approximate point total: 90

*Katieb (as of Sept. 16, 10:54pm)
**quality new entries: 3
**ordinary new entries: 6
**improved existing entries: 2
***Approximate point total: 72

*RachelN (as of Sept. 20, 3:55pm)
**ordinary new entries: 2
**quality new entries: 4
**Added to [[Special:Wantedpages]]: 3
***Approximate point total: 61

*Ashleys (as of Sept. 20, 2:16pm)
**quality new entries: 3
**&Ordinary new entries:
**Added to [[Special:Wantedpages]]: 2
***Approximate point total: 58

*Mer (as of 9:50pm)
**Quality new entries: 2
**Ordinary new entries: 4
**Added to [[Special:Wantedpages]]: 3
**Added links: 11
**Added category: 1
**Added terms:2
***Approximate point total: 76

*Ambers (as of Sept. 21, 11:25am)
**ordinary new entries: 5
**added links: 2
**quality new entries: 1
***Approximate point total: 52

*Additioner (as of Sept. 16, 2:42pm)
**quality new entries:
**ordinary new entries: 5
**improved existing entries: 6
**undeadend:
***Approximate point total: 42

*SPierce (as of Sept. 19 5:30pm)
**Quality New Entries: 1
**ordinary new entries: 3
**Added to [[Special:Wantedpages]]: 4
***Approximate point total: 37

*Rbeach (as of Sept. 16, 11 am)
**quality new entries: 3
***Approximate point total: 30

*Joe B (as of Sept. 18, 2pm)
**quality new entries: 1
***Approximate point total: 10

== Point System ==

*Quality new entry: '''10 points'''
**A "quality new entry" includes at least two full-length paragraphs, three relevant citations, several links to other entries, some in-depth content and designations of category. Partial credit is awarded.

*An ordinary new entry: '''6 points'''
**An additional bonus of '''3 points''' is awarded for adding a new entry on the "most-wanted" list, [[Special:Wantedpages]]

*Quality edit of an existing entry: '''4 points'''
**A "quality edit" to an existing article includes at least two extra sentences, an additional reference, and the inclusion of an important or relevant fact.
**Minor edit, such as a correction, of an existing entry: '''2 points'''

*Adding a unique working link within [[American Government Lectures]]: '''2 points'''
**Adding a additional (non-unique) working links for the same term within the same [[American Government Lectures|American Government Lecture]]: '''1 point'''

*Adding a working link within any entry in [[:Category:United States Government]]: '''1 point'''

*Adding two new terms to [[American Government Terms]]: '''1 point'''

*An additional bonus of 1 point is awarded for adding a link to an entry on the [[Special:Deadendpages]], and thereby removing that entry from that list

[[category:Conservapedia]]
[[category:education]]

Dual federalism

2007-09-25T21:11:57Z

Mer: New page: Dual federalism believes that the federal and state government should be separate and both should reign supreme in their fields. It was popular from the 19th century till the [[Great Depre...

Dual federalism believes that the federal and state government should be separate and both should reign supreme in their fields. It was popular from the 19th century till the [[Great Depression]] in the 1930s. Those who followed dual federalism tended to ignore the elastic clause and focused on the [[Tenth Amendment]] which concentrated on the authority of the states. The federal government’s powers are limited to powers specifically granted to Congress, the president, and the courts in the constitution. The remaining powers are granted to the states. Dual federalism has been referred to as [[layer cake federalism]].

Layer cake federalism

2007-09-25T20:47:04Z

Mer: New page: Layer cake federalism is a title dubbed by political scientists. It is used to illustrate dual federalism. Dual federalism is similar to a layer cake because it works on the principle ...

Layer cake federalism is a title dubbed by political scientists. It is used to illustrate [[dual federalism]]. Dual federalism is similar to a layer cake because it works on the principle that the federal and state governments are divided into their own spheres, and there is always tension in federal-state relations.

Contest

2007-09-25T19:25:55Z

Mer:

This is the contest page for Conservapedia editors and students. The latest period began Thursday, Sept. 13, at 6 pm. Please add tallies for yourself or others. The point system is set forth below.

This is open to all, not merely students in a class.

'''Congratulations to the winners and runners-up!!!'''

Contest winners and new team captains:

*Tash
*SharonS

Runners-up:

*JessicaS
*DeborahB.

'''The Contest will begin this Friday, September 28th.'''

== Contributors ==

These totals need only be approximate:
*Aschlafly (as of Sept. 20, 10:31pm)
**quality new entries: 2
**ordinary new entries: 44
**improved existing entries: 48
**add link: 1
**add terms to [[American Government Terms]]: 4
**undeadend: 25
***Approximate point total: 432

*Tash (as of Sept. 16, 2:46pm)
**quality new entries: 2
**ordinary new entries: 8
**Quality edit of an existing entry:3
**improved existing entries: 116
***Approximate point total: 298

*Crocoite (as of Sept .23, 4:51am)
**See complete edit summary [[User:Crocoite/Contest2|here]]
***Approximate point total: 213

*SharonS (as of Sept. 18, 8:36am)
**See complete edit summary [[User:SharonS/Contest|here]]
***Approximate point total: 193

*JessicaS (as of Sept. 20, 6:54pm)
**unique links to [[American Government Lecture Two]]: 45 (90 points)
**duplicate links to [[American Government Lecture Two]]: 97 (97 points)
***Approximate point total: 187

*DeborahB.
**quality new entry: 1 (including first two cases in [[U.S. Supreme Court Cases]]
**add terms to [[American Government Terms]]:76
**ordinary new entries: 11
**quality edit of an existing entry:10 (including 9 new cases in [[U.S. Supreme Court Cases]]
***Approximate point total: 154

*BethanyS (as of Sept. 16, 1:30pm)
**quality new entries: 1
**ordinary new entries: 8
**Added to [[American Government Terms]] list: 64
***Approximate point total: 90

*Katieb (as of Sept. 16, 10:54pm)
**quality new entries: 3
**ordinary new entries: 6
**improved existing entries: 2
***Approximate point total: 72

*RachelN (as of Sept. 20, 3:55pm)
**ordinary new entries: 2
**quality new entries: 4
**Added to [[Special:Wantedpages]]: 3
***Approximate point total: 61

*Ashleys (as of Sept. 20, 2:16pm)
**quality new entries: 3
**&Ordinary new entries:
**Added to [[Special:Wantedpages]]: 2
***Approximate point total: 58

*Mer (as of 9:50pm)
**Quality new entries: 2
**Ordinary new entries: 2
**Added to [[Special:Wantedpages]]: 3
**Added links: 11
**Added category: 1
***Approximate point total: 63

*Ambers (as of Sept. 21, 11:25am)
**ordinary new entries: 5
**added links: 2
**quality new entries: 1
***Approximate point total: 52

*Additioner (as of Sept. 16, 2:42pm)
**quality new entries:
**ordinary new entries: 5
**improved existing entries: 6
**undeadend:
***Approximate point total: 42

*SPierce (as of Sept. 19 5:30pm)
**Quality New Entries: 1
**ordinary new entries: 3
**Added to [[Special:Wantedpages]]: 4
***Approximate point total: 37

*Rbeach (as of Sept. 16, 11 am)
**quality new entries: 3
***Approximate point total: 30

*Joe B (as of Sept. 18, 2pm)
**quality new entries: 1
***Approximate point total: 10

== Point System ==

*Quality new entry: '''10 points'''
**A "quality new entry" includes at least two full-length paragraphs, three relevant citations, several links to other entries, some in-depth content and designations of category. Partial credit is awarded.

*An ordinary new entry: '''6 points'''
**An additional bonus of '''3 points''' is awarded for adding a new entry on the "most-wanted" list, [[Special:Wantedpages]]

*Quality edit of an existing entry: '''4 points'''
**A "quality edit" to an existing article includes at least two extra sentences, an additional reference, and the inclusion of an important or relevant fact.
**Minor edit, such as a correction, of an existing entry: '''2 points'''

*Adding a unique working link within [[American Government Lectures]]: '''2 points'''
**Adding a additional (non-unique) working links for the same term within the same [[American Government Lectures|American Government Lecture]]: '''1 point'''

*Adding a working link within any entry in [[:Category:United States Government]]: '''1 point'''

*Adding two new terms to [[American Government Terms]]: '''1 point'''

*An additional bonus of 1 point is awarded for adding a link to an entry on the [[Special:Deadendpages]], and thereby removing that entry from that list

[[category:Conservapedia]]
[[category:education]]

Contest

2007-09-25T19:22:00Z

Mer:

This is the contest page for Conservapedia editors and students. The latest period began Thursday, Sept. 13, at 6 pm. Please add tallies for yourself or others. The point system is set forth below.

This is open to all, not merely students in a class.

'''Congratulations to the winners and runners-up!!!'''

Contest winners and new team captains:

*Tash
*SharonS

Runners-up:

*JessicaS
*DeborahB.

'''The Contest will begin this Friday, September 28th.'''

== Contributors ==

These totals need only be approximate:
*Aschlafly (as of Sept. 20, 10:31pm)
**quality new entries: 2
**ordinary new entries: 44
**improved existing entries: 48
**add link: 1
**add terms to [[American Government Terms]]: 4
**undeadend: 25
***Approximate point total: 432

*Tash (as of Sept. 16, 2:46pm)
**quality new entries: 2
**ordinary new entries: 8
**Quality edit of an existing entry:3
**improved existing entries: 116
***Approximate point total: 298

*Crocoite (as of Sept .23, 4:51am)
**See complete edit summary [[User:Crocoite/Contest2|here]]
***Approximate point total: 213

*SharonS (as of Sept. 18, 8:36am)
**See complete edit summary [[User:SharonS/Contest|here]]
***Approximate point total: 193

*JessicaS (as of Sept. 20, 6:54pm)
**unique links to [[American Government Lecture Two]]: 45 (90 points)
**duplicate links to [[American Government Lecture Two]]: 97 (97 points)
***Approximate point total: 187

*DeborahB.
**quality new entry: 1 (including first two cases in [[U.S. Supreme Court Cases]]
**add terms to [[American Government Terms]]:76
**ordinary new entries: 11
**quality edit of an existing entry:10 (including 9 new cases in [[U.S. Supreme Court Cases]]
***Approximate point total: 154

*BethanyS (as of Sept. 16, 1:30pm)
**quality new entries: 1
**ordinary new entries: 8
**Added to [[American Government Terms]] list: 64
***Approximate point total: 90

*Katieb (as of Sept. 16, 10:54pm)
**quality new entries: 3
**ordinary new entries: 6
**improved existing entries: 2
***Approximate point total: 72

*RachelN (as of Sept. 20, 3:55pm)
**ordinary new entries: 2
**quality new entries: 4
**Added to [[Special:Wantedpages]]: 3
***Approximate point total: 61

*Ashleys (as of Sept. 20, 2:16pm)
**quality new entries: 3
**&Ordinary new entries:
**Added to [[Special:Wantedpages]]: 2
***Approximate point total: 58

*Mer (as of 9:50pm)
**Quality new entries: 2
**Ordinary new entries: 2
**Added to [[Special:Wantedpages]]: 3
**Added links: 11
**Added category: 1
***Approximate point total: 64

*Ambers (as of Sept. 21, 11:25am)
**ordinary new entries: 5
**added links: 2
**quality new entries: 1
***Approximate point total: 52

*Additioner (as of Sept. 16, 2:42pm)
**quality new entries:
**ordinary new entries: 5
**improved existing entries: 6
**undeadend:
***Approximate point total: 42

*SPierce (as of Sept. 19 5:30pm)
**Quality New Entries: 1
**ordinary new entries: 3
**Added to [[Special:Wantedpages]]: 4
***Approximate point total: 37

*Rbeach (as of Sept. 16, 11 am)
**quality new entries: 3
***Approximate point total: 30

*Joe B (as of Sept. 18, 2pm)
**quality new entries: 1
***Approximate point total: 10

== Point System ==

*Quality new entry: '''10 points'''
**A "quality new entry" includes at least two full-length paragraphs, three relevant citations, several links to other entries, some in-depth content and designations of category. Partial credit is awarded.

*An ordinary new entry: '''6 points'''
**An additional bonus of '''3 points''' is awarded for adding a new entry on the "most-wanted" list, [[Special:Wantedpages]]

*Quality edit of an existing entry: '''4 points'''
**A "quality edit" to an existing article includes at least two extra sentences, an additional reference, and the inclusion of an important or relevant fact.
**Minor edit, such as a correction, of an existing entry: '''2 points'''

*Adding a unique working link within [[American Government Lectures]]: '''2 points'''
**Adding a additional (non-unique) working links for the same term within the same [[American Government Lectures|American Government Lecture]]: '''1 point'''

*Adding a working link within any entry in [[:Category:United States Government]]: '''1 point'''

*Adding two new terms to [[American Government Terms]]: '''1 point'''

*An additional bonus of 1 point is awarded for adding a link to an entry on the [[Special:Deadendpages]], and thereby removing that entry from that list

[[category:Conservapedia]]
[[category:education]]

American Government Lecture One 2007

2007-09-25T19:18:56Z

Mer:

'''American Government'''

'''First Lecture - THE CONSTITUTION'''

'''Instructor: Andy Schlafly'''

==='''I. Introduction'''===

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!”

[[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.

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]].

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 judges 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.

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.

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 Amendments 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.

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.

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'''===

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.

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]].

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 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.

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

==='''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.

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.

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.

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 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.

==='''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 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.

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)

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?

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]].

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 copyrighted 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.

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!

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.

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]].

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.

==='''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?

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.

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.

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.

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.

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)

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

1. By listing specific [[power]]s (e.g., running a post office).
 2. By creating three branches as “checks and balances” on each other.
 3. By making it difficult for one branch to act alone, without agreement by another branch.
 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 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.

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

Article I - Congress. This sets forth its [[power]]s and limits.
 Section 1 - Two parts of Congress (bicameral)
 Section 2 - House Term and Method of Election
 Section 3 - Senate Term, Method of Election, and Vote
 Section 4 - Elections
 Section 5 - Rules
 Section 6 - Compensation and Immunities
 Section 7 - Enacting Legislation, and Veto
 Section 8 - [[Power]]s of Congress
 some exclusive (e.g., Post Office), some not (e.g., bankruptcy [[law]]s)
 Section 9 - Limits on Congress
 Section 10 - Limits on States

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

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

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

 Article V - Amendment process.

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

 Article VII – ratification process for Constitution itself.

 [[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.

==='''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.

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.

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.

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).

==='''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:

1. Should Congress limit 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?

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))

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]]?

[[Category:Lectures]]

Contest

2007-09-20T15:36:35Z

Mer:

This is the contest page for Conservapedia editors and students. The latest period began Thursday, Sept. 13, at 6 pm. Please add tallies for yourself or others. The point system is set forth below.

This is open to all, not merely students in a class.

'''On Friday, September 21, we will assign team captains to pick teams.'''

== Contributors ==

These totals need only be approximate:
*Aschlafly (as of Sept. 19, 11:26pm)
**quality new entries: 2
**ordinary new entries: 44
**improved existing entries: 45
**add link: 1
**add terms to [[American Government Terms]]: 4
**undeadend: 20
***Approximate point total: 421

*SharonS (as of Sept. 18, 8:36am)
**See complete edit summary [[User:SharonS/Contest|here]]
***Approximate point total: 103

*Tash (as of Sept. 16, 2:46pm)
**improved existing entries: 50
***Approximate point total: 100

*BethanyS (as of Sept. 16, 1:30pm)
**quality new entries: 1
**ordinary new entries: 8
**Added to [[American Government Terms]] list: 64
***Approximate point total: 90

*Crocoite (as of Sept .19, 8:01pm)
**See complete edit summary [[User:Crocoite/Contest2|here]]
***Approximate point total: 78

*Katieb (as of Sept. 16, 10:54pm)
**quality new entries: 3
**ordinary new entries: 6
**improved existing entries: 2
***Approximate point total: 72

*Ambers (as of Sept. 14, 4:40pm)
**ordinary new entries: 5
**added links: 2
**quality new entries: 1
***Approximate point total: 43

*Additioner (as of Sept. 16, 2:42pm)
**quality new entries:
**ordinary new entries: 5
**improved existing entries: 6
**undeadend:
***Approximate point total: 42

*DeborahB.
**add terms to [[American Government Terms]]:76
***Approximate point total: 38

*SPierce (as of Sept. 19 5:30pm)
**Quality New Entries: 1
**ordinary new entries: 3
**Added to [[Special:Wantedpages]]: 4
***Approximate point total: 37

*Mer (as of 9:50pm)
**Quality new entries: 2
**Ordinary new entries: 2
**Added to [[Special:Wantedpages]]: 3
**Added links: 5
**Added category: 1
***Approximate point total: 52

*Ashleys (as of Sept. 16, 2:16pm)
**quality new entries: 2
**Ordinary new entries:2
***Approximate point total: 32

*Rbeach (as of Sept. 16, 11 am)
**quality new entries: 3
***Approximate point total: 30

*RachelN (as of Sept. 17, 3:55pm)
**ordinary new entries: 1
**quality new entries: 2
**Added to [[Special:Wantedpages]]: 1
***Approximate point total: 29

*Joe B (as of Sept. 18, 2pm)
**quality new entries: 1
***Approximate point total: 10

== Point System ==

*Quality new entry: '''10 points'''
**A "quality new entry" includes at least two full-length paragraphs, three relevant citations, several links to other entries, some in-depth content and designations of category. Partial credit is awarded.

*An ordinary new entry: '''6 points'''
**An additional bonus of '''3 points''' is awarded for adding a new entry on the "most-wanted" list, [[Special:Wantedpages]]

*Quality edit of an existing entry: '''4 points'''
**A "quality edit" to an existing article includes at least two extra sentences, an additional reference, and the inclusion of an important or relevant fact.
**Minor edit, such as a correction, of an existing entry: '''2 points'''

*'''Adding a working link within [[American Government Lectures]]: 2 points'''

*'''Adding a working link within any entry in [[:Category:United States Government]]: 1 point'''

*'''Adding two new terms to [[American Government Terms]]: 1 point'''

*'''An additional bonus of 1 point is awarded for adding a link to an entry on the [[Special:Deadendpages]], and thereby removing that entry from that list'''

[[category:Conservapedia]]
[[category:education]]

United States Secretary of the Interior

2007-09-20T02:37:17Z

Mer: New page: The United States Secretary of Interior is the person in charge of the Department of the Interior. This department is in charge of the conservation and development of the natural resources...

The United States Secretary of Interior is the person in charge of the Department of the Interior. This department is in charge of the conservation and development of the natural resources of the United States. The Department of the Interior oversees organizations such as the [[Bureau of Land Management]], the [[United States Geological Survey]], and the [[National Park Service]]. The Secretary is a member of the President's Cabinet and serves on and appoints the private citizens on the [[National Park Foundation]] board. The Secretary typically comes from a western state due to the fact that the Department carries on much of its work in the west. The Secretary of the Interior is eighth in the United States presidential line of succession.

Third Circuit

2007-09-20T01:09:58Z

Mer:

Third Circuit is part of the United States Court of Appeals. The Court of Appeals try federal cases on appeal from district courts.Federal appellate courts are governed by the Federal Rules of Appellate Procedure. The United States is divided into twelve circuits (districts). The third circuit oversees the following districts:

• District of Delaware

• District of New Jersey

• Eastern district of Pennsylvania

• Middle district of Pennsylvania

• Western district of Pennsylvania

There are 14 active judges in the court and it is based at the U.S. Courthouse in Philadelphia, Pennsylvania.

Third Circuit

2007-09-20T01:09:32Z

Mer: New page: Third Circuit is part of the United States Court of Appeals. The Court of Appeals try federal cases on appeal from district courts.Federal appellate courts are governed by the Federal Rul...

Third Circuit is part of the United States Court of Appeals. The Court of Appeals try federal cases on appeal from district courts.Federal appellate courts are governed by the Federal Rules of Appellate Procedure. The United States is divided into twelve circuits (districts). The third circuit oversees the following districts:

• District of Delaware

• District of New Jersey

• Eastern district of Pennsylvania

• Middle district of Pennsylvania

• Western district of Pennsylvania

there are 14 active judges in the court and it is based at the U.S. Courthouse in Philadelphia, Pennsylvania.

American Government Lecture One 2007

2007-09-19T20:54:38Z

Mer: /* '''VII. Issues to Consider (Optional - extra credit)''' */

'''American Government'''

'''First Lecture - THE CONSTITUTION'''

'''Instructor: Andy Schlafly'''

==='''I. Introduction'''===

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!”

Math is important, but so is [[government]]. You cannot drive a 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, 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.

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 [[George W. Bush]]'s fault? How would you find out?

With all its regulations, 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.

We constantly see the [[President]] on television. This gives the impression that he, too, is all-powerful. But people pretend he has more control than he really does. He cannot pass laws. He cannot declare war. He cannot remove any judges or congressmen from office. Usually he cannot even stay in his job as president for more than two terms.

There are also limits on what [[Congress]] and the [[Supreme Court]] can do. Congress cannot pass laws interfering with the powers of state governments. 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 laws passed by Congress to be unconstitutional.

How do we know what the 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 Amendments 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 lawyers, politicians, college graduates, and 99% of the population. It’s that simple.

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

==='''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.

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.

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 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.

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

==='''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.

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.

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.

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 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 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.

==='''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 Bush. Congressmen. Senators. U.S. Supreme Court. The 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 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.

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)

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?

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.

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 laws 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 copyrighted 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 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!

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 kidnaped. 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.

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 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.

The federal government has three branches: executive (the president), legislative (Congress) and the judiciary (the Supreme Court). Each branch employs thousands of people. The executive branch even employs millions, including the armed services.

==='''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 powers. The 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.

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 powers.

What is a republican government? It means the people elect representatives to elect lawmakers and create laws. It has a layer of protection against a pure democracy in which the public directly decides issues.

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 people making our laws.

An example is our electoral college. Al Gore won more votes than [[George Bush]], but Bush won more votes in the electoral college. Our president is not chosen directly by the people. It 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)

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

1. By listing specific powers (e.g., running a post office).
 2. By creating three branches as “checks and balances” on each other.
 3. By making it difficult for one branch to act alone, without agreement by another branch.
 4. By later adding a Bill of Rights to protect the people further.

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

The general rule is that the federal government only has the powers 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 powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite.” Federalist No. 45.

What specific powers are given to the federal government?

Article I - Congress. This sets forth its powers and limits.
 Section 1 - Two parts of Congress (bicameral)
 Section 2 - House Term and Method of Election
 Section 3 - Senate Term, Method of Election, and Vote
 Section 4 - Elections
 Section 5 - Rules
 Section 6 - Compensation and Immunities
 Section 7 - Enacting Legislation, and Veto
 Section 8 - Powers of Congress
 some exclusive (e.g., Post Office), some not (e.g., bankruptcy laws)
 Section 9 - Limits on Congress
 Section 10 - Limits on States

 Article II - President. This sets forth his powers and limits.

 Article III - Courts. Establishes courts and the ability of Congress to define its power.

 Article IV - States. They must respect other states’ laws, and requests to transfer criminals.

 Article V - Amendment process.

 Article VI – Supremacy Clause: federal law is supreme to state law.

 Article VII – ratification process for Constitution itself.

 [[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 or Supreme Court.

==='''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.

For example, Congress insisted that President 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 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.

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.

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 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 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 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 and Congress? (The Supreme Court said yes, and invalidated the line-item veto).

==='''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:

1. Should Congress limit 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?

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))

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]]. 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?

[[Category:Lectures]]

American Government Lecture One 2007

2007-09-19T20:52:48Z

Mer: /* '''V. U.S. Constitution''' */

'''American Government'''

'''First Lecture - THE CONSTITUTION'''

'''Instructor: Andy Schlafly'''

==='''I. Introduction'''===

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!”

Math is important, but so is [[government]]. You cannot drive a 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, 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.

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 [[George W. Bush]]'s fault? How would you find out?

With all its regulations, 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.

We constantly see the [[President]] on television. This gives the impression that he, too, is all-powerful. But people pretend he has more control than he really does. He cannot pass laws. He cannot declare war. He cannot remove any judges or congressmen from office. Usually he cannot even stay in his job as president for more than two terms.

There are also limits on what [[Congress]] and the [[Supreme Court]] can do. Congress cannot pass laws interfering with the powers of state governments. 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 laws passed by Congress to be unconstitutional.

How do we know what the 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 Amendments 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 lawyers, politicians, college graduates, and 99% of the population. It’s that simple.

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

==='''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.

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.

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 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.

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

==='''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.

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.

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.

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 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 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.

==='''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 Bush. Congressmen. Senators. U.S. Supreme Court. The 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 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.

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)

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?

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.

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 laws 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 copyrighted 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 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!

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 kidnaped. 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.

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 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.

The federal government has three branches: executive (the president), legislative (Congress) and the judiciary (the Supreme Court). Each branch employs thousands of people. The executive branch even employs millions, including the armed services.

==='''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 powers. The 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.

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 powers.

What is a republican government? It means the people elect representatives to elect lawmakers and create laws. It has a layer of protection against a pure democracy in which the public directly decides issues.

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 people making our laws.

An example is our electoral college. Al Gore won more votes than [[George Bush]], but Bush won more votes in the electoral college. Our president is not chosen directly by the people. It 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)

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

1. By listing specific powers (e.g., running a post office).
 2. By creating three branches as “checks and balances” on each other.
 3. By making it difficult for one branch to act alone, without agreement by another branch.
 4. By later adding a Bill of Rights to protect the people further.

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

The general rule is that the federal government only has the powers 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 powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite.” Federalist No. 45.

What specific powers are given to the federal government?

Article I - Congress. This sets forth its powers and limits.
 Section 1 - Two parts of Congress (bicameral)
 Section 2 - House Term and Method of Election
 Section 3 - Senate Term, Method of Election, and Vote
 Section 4 - Elections
 Section 5 - Rules
 Section 6 - Compensation and Immunities
 Section 7 - Enacting Legislation, and Veto
 Section 8 - Powers of Congress
 some exclusive (e.g., Post Office), some not (e.g., bankruptcy laws)
 Section 9 - Limits on Congress
 Section 10 - Limits on States

 Article II - President. This sets forth his powers and limits.

 Article III - Courts. Establishes courts and the ability of Congress to define its power.

 Article IV - States. They must respect other states’ laws, and requests to transfer criminals.

 Article V - Amendment process.

 Article VI – Supremacy Clause: federal law is supreme to state law.

 Article VII – ratification process for Constitution itself.

 [[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 or Supreme Court.

==='''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.

For example, Congress insisted that President 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 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.

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.

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 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 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 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 and Congress? (The Supreme Court said yes, and invalidated the line-item veto).

==='''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:

1. Should Congress limit 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?

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))

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]]. 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?

[[Category:Lectures]]

American Government Lecture One 2007

2007-09-19T20:47:29Z

Mer: /* '''V. U.S. Constitution''' */

'''American Government'''

'''First Lecture - THE CONSTITUTION'''

'''Instructor: Andy Schlafly'''

==='''I. Introduction'''===

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!”

Math is important, but so is [[government]]. You cannot drive a 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, 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.

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 [[George W. Bush]]'s fault? How would you find out?

With all its regulations, 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.

We constantly see the [[President]] on television. This gives the impression that he, too, is all-powerful. But people pretend he has more control than he really does. He cannot pass laws. He cannot declare war. He cannot remove any judges or congressmen from office. Usually he cannot even stay in his job as president for more than two terms.

There are also limits on what [[Congress]] and the [[Supreme Court]] can do. Congress cannot pass laws interfering with the powers of state governments. 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 laws passed by Congress to be unconstitutional.

How do we know what the 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 Amendments 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 lawyers, politicians, college graduates, and 99% of the population. It’s that simple.

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

==='''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.

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.

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 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.

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

==='''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.

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.

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.

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 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 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.

==='''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 Bush. Congressmen. Senators. U.S. Supreme Court. The 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 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.

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)

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?

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.

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 laws 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 copyrighted 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 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!

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 kidnaped. 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.

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 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.

The federal government has three branches: executive (the president), legislative (Congress) and the judiciary (the Supreme Court). Each branch employs thousands of people. The executive branch even employs millions, including the armed services.

==='''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 powers. The 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.

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 powers.

What is a republican government? It means the people elect representatives to elect lawmakers and create laws. It has a layer of protection against a pure democracy in which the public directly decides issues.

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 people making our laws.

An example is our electoral college. Al Gore won more votes than George Bush, but Bush won more votes in the electoral college. Our president is not chosen directly by the people. It 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)

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

1. By listing specific powers (e.g., running a post office).
 2. By creating three branches as “checks and balances” on each other.
 3. By making it difficult for one branch to act alone, without agreement by another branch.
 4. By later adding a Bill of Rights to protect the people further.

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

The general rule is that the federal government only has the powers 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 powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite.” Federalist No. 45.

What specific powers are given to the federal government?

Article I - Congress. This sets forth its powers and limits.
 Section 1 - Two parts of Congress (bicameral)
 Section 2 - House Term and Method of Election
 Section 3 - Senate Term, Method of Election, and Vote
 Section 4 - Elections
 Section 5 - Rules
 Section 6 - Compensation and Immunities
 Section 7 - Enacting Legislation, and Veto
 Section 8 - Powers of Congress
 some exclusive (e.g., Post Office), some not (e.g., bankruptcy laws)
 Section 9 - Limits on Congress
 Section 10 - Limits on States

 Article II - President. This sets forth his powers and limits.

 Article III - Courts. Establishes courts and the ability of Congress to define its power.

 Article IV - States. They must respect other states’ laws, and requests to transfer criminals.

 Article V - Amendment process.

 Article VI – Supremacy Clause: federal law is supreme to state law.

 Article VII – ratification process for Constitution itself.

 [[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 or Supreme Court.

==='''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.

For example, Congress insisted that President 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 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.

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.

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 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 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 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 and Congress? (The Supreme Court said yes, and invalidated the line-item veto).

==='''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:

1. Should Congress limit 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?

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))

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]]. 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?

[[Category:Lectures]]

Civil liberties

2007-09-19T20:24:53Z

Mer: New page: Civil liberties concern basic rights and freedoms that are guaranteed in a democratic society. The constitutions of many democracies have bills of rights that describe basic liberties and ...

Civil liberties concern basic rights and freedoms that are guaranteed in a democratic society. The constitutions of many democracies have bills of rights that describe basic liberties and rights. Civil liberties guarantee a person against government interference except when a person affects other people by exercising his/her liberties. Then the courts of law in a democratic country interpret the limits of civil liberties.

In the [[United States]] these are explicitly identified in the [[Bill of Rights]] and the [[Constitution]] or interpreted through the courts and law makers. U.S. Civil liberties include but are not limited to:

• [[freedom of speech]]

• freedom of religion

• the right to privacy

• the right to be free from unreasonable searches of your home

• the right to a fair court trial

• the right to marry

• The right to vote

• The right of assembly

Attorney General

2007-09-19T19:01:24Z

Mer:

The attorney general is the chief legal officer of a number of nations or states and a delegate for the government in its legal actions. In the United States, the attorney general is nominated by the president and then must be approved by the senate. When approved he/she becomes a member of the cabinet. It is the American attorney general’s duty to oversee the [[Department of Justice]] and to represent the government in legal matters. Other responsibilities include enforcing federal laws, especially criminal cases. Each state government appoints an attorney general. This is an elective position In 43 states, in the remaining 7 you are placed in office by other means.

Other countries that have attorney generals include [[Canada]], [[Australia]], [[England]] and [[Wales]]. In [[Canada]], the minister of justice may also be called the attorney general1. A member of the majority party in parliament is chosen for this post by the [[prime minister]] and appointed by the governor general. In [[England]] and [[Wales]], the attorney general is a member of the House of Commons and of the government. They are politically responsible for the Crown Prosecution Service, and head of the English Bar. It is their duty to represent the public with an unbiased view. In [[Australia]], the attorney general is the chief law officer of the Crown and a member of the Federal Cabinet.

== References ==

<ref>addref</ref> Berman, David R. (1988) U.S.A. The World Book Encyclopedia p. 81. Illinois: World Book, Inc.

== External Links ==

[http://www.usdoj.gov/ag/ Office of the United States Attorney General]

Attorney General

2007-09-19T18:59:04Z

Mer:

Attorney General

2007-09-19T18:57:28Z

Mer:

The attorney general is the chief legal officer of a number of nations or states and a delegate for the government in its legal actions. In the United States, the attorney general is nominated by the president and then must be approved by the senate. When approved he/she becomes a member of the cabinet. It is the American attorney general’s duty to oversee the [[Department of Justice]] and to represent the government in legal matters. Other responsibilities include enforcing federal laws, especially criminal cases. Each state government appoints an attorney general. This is an elective position In 43 states, in the remaining 7 you are placed in office by other means.

Other countries that have attorney generals include [[Canada]], [[Australia]], [[England]] and [[Wales]]. In Canada, the minister of justice may also be called the attorney general1. A member of the majority party in parliament is chosen for this post by the prime minister and appointed by the governor general. In England and Wales, the attorney general is a member of the House of Commons and of the government. They are politically responsible for the Crown Prosecution Service, and head of the English Bar. It is their duty to represent the public with an unbiased view. In Australia, the attorney general is the chief law officer of the Crown and a member of the Federal Cabinet.

== References ==

<ref>addref</ref> Berman, David R. (1988) U.S.A. The World Book Encyclopedia p. 81. Illinois: World Book, Inc.

== External Links ==

[http://www.usdoj.gov/ag/ Office of the Attorney General]

Attorney General

2007-09-19T18:55:43Z

Mer:

The attorney general is the chief legal officer of a number of nations or states and a delegate for the government in its legal actions. In the United States, the attorney general is nominated by the president and then must be approved by the senate. When approved he/she becomes a member of the cabinet. It is the American attorney general’s duty to oversee the [[Department of Justice]] and to represent the government in legal matters. Other responsibilities include enforcing federal laws, especially criminal cases. Each state government appoints an attorney general. This is an elective position In 43 states, in the remaining 7 you are placed in office by other means.

Other countries that have attorney generals include Canada, Australia, England and Wales. In Canada, the minister of justice may also be called the attorney general1. A member of the majority party in parliament is chosen for this post by the prime minister and appointed by the governor general. In England and Wales, the attorney general is a member of the House of Commons and of the government. They are politically responsible for the Crown Prosecution Service, and head of the English Bar. It is their duty to represent the public with an unbiased view. In Australia, the attorney general is the chief law officer of the Crown and a member of the Federal Cabinet.

== References ==

<ref>addref</ref> Berman, David R. (1988) U.S.A. The World Book Encyclopedia p. 81. Illinois: World Book, Inc.

== External Links ==

[http://www.usdoj.gov/ag/ Office of the Attorney General]

Attorney General

2007-09-19T18:51:36Z

Mer: New page: The attorney general is the chief legal officer of a number of nations or states and a delegate for the government in its legal actions. In the United States, the attorney general is nomin...

The attorney general is the chief legal officer of a number of nations or states and a delegate for the government in its legal actions. In the United States, the attorney general is nominated by the president and then must be approved by the senate. When approved he/she becomes a member of the cabinet. It is the American attorney general’s duty to oversee the Department of Justice and to represent the government in legal matters. Other responsibilities include enforcing federal laws, especially criminal cases. Each state government appoints an attorney general. This is an elective position In 43 states, in the remaining 7 you are placed in office by other means.

Other countries that have attorney generals include Canada, Australia, England and Wales. In Canada, the minister of justice may also be called the attorney general1. A member of the majority party in parliament is chosen for this post by the prime minister and appointed by the governor general. In England and Wales, the attorney general is a member of the House of Commons and of the government. They are politically responsible for the Crown Prosecution Service, and head of the English Bar. It is their duty to represent the public with an unbiased view. In Australia, the attorney general is the chief law officer of the Crown and a member of the Federal Cabinet.

== References ==

<ref>addref</ref> Berman, David R. (1988) U.S.A. The World Book Encyclopedia p. 81. Illinois: World Book, Inc.

== External Links ==

[http://www.usdoj.gov/ag/ Office of the Attorney General]

Laissez faire

2007-02-01T15:17:34Z

Mer:

Laissez faire economists were people in England who wanted government to stay out of businesses. They believed that the idea of supply and demand was better than government regulations. Laissez faire translates into, "Do what you will."

Federalist Party

2007-02-01T14:14:51Z

Mer:

A political party in early america that was for a strong central government. Among them were John Adams, Alexander Hamilton, James Madison and John Jay. The Federalist Party met its end through the war of 1812 which they opposed.

See also: [[Democratic-Republican Party]]

Francisco Vasquez de Coronado

2007-02-01T04:00:40Z

Mer:

Francisco Vasquez de Coronado (1510-1554) was a Spanish conquistador who explored the Unitied States from 1540 to 1542 in the Southwestern region. He searched for the legendary cities of Cibola. Something of note would be that he and his companions were the first Europeans to see the Grand Canyon.

Umma

2007-01-31T18:42:25Z

Mer:

Umma is a community of the faithful in Islam.Umma (modern Tell Jokha) was an ancient city in Sumer, best known for its long frontier conflict with Lagash.

Sir Gawain and the Green Knight

2007-01-31T18:26:14Z

Mer:

A romantic poem from the late 14th century about Sir Gawain, one of King Arthur's Knights.The first modern edition was published by J. R. R. Tolkien and E. V. Gordon in 1925.

Oxford University

2007-01-31T15:45:18Z

Mer:

One of the most influential colleges ever founded in 1167.
The University of Oxford, located in the city of Oxford, England, is the oldest university in the English-speaking world.

Malik Shah

2007-01-31T15:29:44Z

Mer:

Malik Shah means 'king' or 'emperor'. They were the sultans of the [[Seljuk Turks]].

Holy Roman Emperor

2007-01-31T14:45:03Z

Mer:

A ruler of the [[Holy Roman Empire]].The first Emperor was the Frankish king Charlemagne, crowned as Emperor of the West by Pope Leo III on 25 December 800, although the Empire itself (as well as the style "Holy Roman Emperor") did not come into use until some time later.

Peru

2007-01-30T14:24:34Z

Mer:

Country in western South America.

Rajiv Gandhi

2007-01-18T16:13:06Z

Mer:

Rajiv Gandhi was the son of Indira Gandhi. He succeeded her after her assassination. He lost power in 1989 based on accusations of corruption. A group of Tamil terrorists from Sri Lanka killed him with a bomb in 1991.

Dien Bien Phu

2007-01-18T16:02:29Z

Mer:

Dien Bien Phu is a town in Vietnam. In 1954 the communist Vietnamese nationalists defeated the French at Dien Bien Phu, and the French surrendered to Ho Chi Minh.

Ho Chi Minh

2007-01-18T15:49:05Z

Mer:

Ho Chi Minh was North Vietnam’s communist dictator. He was in office from 1945- 1955. He was popular in both North and South Vietnam, and gave away land to people to boost his popularity.

Ngo Dinh Diem

2007-01-18T15:43:19Z

Mer:

Ngo Dinh Diem was the first president of South Vietnam. Ngo Dinh Diem was unpopular, and the United States feared that an election in the South might choose North Vietnam’s Ho Chi Minh’s communists. So they postponed the elections. But in 1963, South Vietnamese generals who enjoyed United States support took over South Vietnam and assassinated Ngo Dinh Diem.

Jiang Zemin

2007-01-18T14:58:49Z

Mer:

Jiang Zemin succeeded Chinese dictator Deng Xiaoping when he died in 1997. Zemin refused to improve China’s record on human rights, and Christianity and democracy remain suppressed there.