Transcript Congress: Investigations and Oversight

Covers everything
from the beginning
of the year!!!
 Citizenship:
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Refer to your Citizenship HANDOUT!
Definition of Citizenship
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Three Ways to become a Citizen
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a member of a nation or country with full rights and
responsibilities under the law.
Born
Parents born
Naturalization
What two countries are also considered part of
the U.S.?
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Guam and Puerto Rico
Aliens = Non citizens
 Immigrants = Aliens that plan on moving here
permanently
 Legal Immigration Act 1990 – gave special
consideration and priority to immigrants with
special job skills but specifically to relatives of
U.S. citizens.
 4 steps of Naturalization
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1. Declaration of Intent
2. Apply
 3. Take the test
 4. Oath of Allegiance
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Before you apply you have to:
Must be 18 years old or older
Have lived in the U.S. for 5 years – OR – serve in the
military for 1 year
 Need to study basic English, history and civics.
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Rights – things you are ALLOWED to do
Responsibilities – thing you are EXPECTED to do
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Personal – pertain to yourself with little of no
government implications
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Political – usually have some government related
repercussion
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Speech, Religion, Obey the laws
Petition, vote, Jury duty
Civic Virtue – a moral habit; helps maintain order and
peace in those times that the government is giving
you freedom
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Self-Restraint
Civic Knowledge
Self-Assertion
Self-Reliance
 Citizenship
Means?
 Situations that still make you a US Citizen
 Naturalization
 Aliens v. Immigrants
 Legal Immigration Revision Act
 How can you lose your Citizenship?
 “My right to swing” ends when?
 Limited Government
 Civic Virtue: Why is it important? What are
the categories?
 Levels of Citizenship
of Rights – the first 10 amendments in the
U.S. Constitution; grants citizens rights.
 Bill
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1.
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5.
6.
7.
8.
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10.
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ANSWERS:
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1. Freedom of Speech, Religion, Petition, Assembly and
Press
2. Right to bear arms
3. No quartering troops
4. Freedom from UNREASONABLE search and seizure;
Privacy
5. Rights of the accused
 no double jeopardy
 Cannot be compelled to be a witness against himself
 No private property can be taken without
compensation
6. Right to a Speedy Trial
7. Right to a Jury Trial – any controversy over $20
8. No Cruel and Unusual Punishments or excessive bail
9. Unenumerated rights
10. Rights reserved to the States
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Cruel and unusual…. Or is it!? A judge sentences a person to death for committing
a murder. A state law does not allow the judge to consider any special or individual
circumstances when deciding whether to give the prisoner the death penalty.
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Is the state law cruel and unusual? Why or why not?
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If the person getting accused is 17, is it cruel and unusual for him to get tried
like an adult and be given the death penalty? Use information from the
PowerPoint presentation we did in class to justify your answer.
Compelled or not…? A drug addict is arrested for robbery and murder. After being
in police custody for several hours, he begins to have severe withdrawal symptoms.
The police call a doctor who gives him the necessary medication. Nobody knows
that this particular medication has the effect of a “truth serum” on the prisoner.
The police proceed with the questioning process and within a short time, the
prisoner confesses to the crime.
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Was the prisoner compelled to be a witness against himself? Why or why not?
What amendment to this situation address?
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Cruel and unusual…. Or is it!? A judge sentences a person to death for committing
a murder. A state law does not allow the judge to consider any special or individual
circumstances when deciding whether to give the prisoner the death penalty.
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Is the state law cruel and unusual? Why or why not?
YES IT IS CRUEL! Especially when the punishment at stake is so high, judges need
to consider special, and possibly psychological, circumstances that might have
affected the crime.
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If the person getting accused is 17, is it cruel and unusual for him to get tried
like an adult and be given the death penalty? Use information from the
PowerPoint presentation we did in class to justify your answer.
YES IT IS CRUEL! Even though he is almost an adult, he is still underage and the
proper punishment should be fit for a minor. Teenagers are less disciplined and
more vulnerable to peer pressure than adults.
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Compelled or not…? A drug addict is arrested for robbery and murder. After being
in police custody for several hours, he begins to have severe withdrawal symptoms.
The police call a doctor who gives him the necessary medication. Nobody knows
that this particular medication has the effect of a “truth serum” on the prisoner.
The police proceed with the questioning process and within a short time, the
prisoner confesses to the crime.
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Was the prisoner compelled to be a witness against himself? Why or why not?
YES HE WAS COMPELLED! He was compelled by the medicine even though it was
unintentional, he could not practice his free will!
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What amendment to this situation address? 5 – Rights of the Accused
 Other
know!
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13.
14.
15.
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19.
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26.
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important amendments you need to
 ANSWERS
- Other important amendments
you need to know!
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13. Abolished Slavery
14. Equal Protection Under the Law and
Citizenship – all persons born in the U.S. or
Naturalized
15. Right to Vote (Suffrage) Regardless of Race or
Color
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19. Right to Vote (Suffrage) for Women –
regardless of gender
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26. Established the voting age to be 18 years old
– “Old enough to fight, old enough to vote”
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From the 1600s – English traditions of limited and representative government
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Monarchy – King or Queen
 Relatives and noble families had power and were given land in exchange for loyalty, taxes, etc.
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Magna Carta – 1215 King John treated nobles harshly
 Rebelled and forced king to sign the Magna Carta protecting their privileges and authority
 Granted certain rights such as equal treatment under the law and trial by one’s peers (WHAT
AMENDMENTS DOES THAT SOUND LIKE?)
 First form of limiting government
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Parliament – England’s law making body – legislature
 Common law – no written laws, judges determining right from wrong would look at precedents
– ruling in earlier cases
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1600-1700s England established colonies in America.
 Colony-group of people in one place who are ruled by a parent country elsewhere
 Set up through Charter- written document granting land and authority to set up colonial
governments
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First permanent settlement was Jamestown in Virginia in 1607
 Colonists chose 2 representatives and 22 of the governors council – House of burgesses.
 Little power but FIRST form of self governance.
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1620 – Pilgrims arrived in Plymouth in Massachusetts
 Came in the Mayflower so their compact (Agreement among the people to govern) was called
the Mayflower Compact – 1620
 Set up a direct democracy
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1733- all of the13 colonies established
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1760 – King George III took the throne and established a system called
mercantilism (selling more than you buy) to try to make as much money
from the colonies as possible using the colonies as a source for cheap and
raw materials.
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“No taxation without representation” – Colonists were upset because
they had no representatives in English Parliament
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Led to a boycott – refuse to buy English products.
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Stamp Act: Tax on legal documents
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Tea Act – made tea from Britain the cheapest – British East India
Company
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Colonists blocked the ships from the colonial ports, dressed as Native
Americans and dumped 342 chests of tea into the ocean = BOSTON TEA
PARTY
English response = Intolerable Acts AKA Coercive Acts restricting
colonists rights and allowing soldiers to search and move into colonists
homes
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1774 – FIRST CONTINENTAL CONGRESS
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Colonists sent 12 delegates (Representatives) to Philadelphia to discuss
their concerns. They wanted to establish a sort of government in
America to stand up to Britain
Sent a document complaining to King George III and demanding
to get their rights back
 King George III responded violently
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May 1775 – SECOND CONTINENTAL CONGRESS
Some people didn’t think Colonists could win a battle against Britain.
Debated long for the best option. During this time Thomas Paine
came out with the “Common Sense” Pamphlet where he argued
breaking from England was common sense.
 Second Continental Congress = First form of Government in the
Colonies
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Thomas Jefferson wrote the Declaration of independence
saying the English Crown was not looking out for the colonists’
best interests. In it they say the purpose of government is to
protect the rights of the people and that they had the right to
overthrow the government for not doing so.
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Influenced by John Locke’s “Second Treatise of Government” - It said
that a good government is based on a social contract where people
agree to give up some of their rights to establish a government and
they can overthrow it if it misuses its power.
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Confederation: group of individuals united together for a purpose
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Articles of Confederation
Good
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States kept power and independence = sovereign
 No government telling states what to do
 Congress can create military to protect the states
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Bad
No way to enforce laws
 States could ignore laws
 No power to collect taxes to pay government funded occupations
 Could only be changed with consent from ALL states
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Limited government? NO! absolutely no government, every man for
himself mentality
Branches of government? No branches but clearly needed some
Citizens rights? No, not defined in Articles
All or nothing? Not effective method for altering Articles
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The Virginia Plan:
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The New Jersey Plan:
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Established our 3 branches of government
two houses and each state would be represented based on
populations.
One house with equal representation
The Great Compromise/Connecticut Compromise
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2 Houses: the Senate and the House of Representative
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The Senate would have 2 members per state which meant all states
had an equal representation
The House of Representatives would represent their states based
on population.
The Three-Fifths Compromise: every 5 ensalved
persons would count as 3 free persons.
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This way, slaves would count toward the population total to
gain more representation in the House for the southern
states.
 Constitution
was drafted to implement a
Federalism
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a form of government in which power is divided
between the federal, or national, government
and the states.
 Federalists:
supported the document
 Anti-federalists: felt it gave too much power
to the national government; wanted a bill of
rights.
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The promise of a bill of rights turned the tide
and Anti-federalists agreed to the proposed
Constitution
 Needed
9/13 states approval – In 1788, New
Hampshire was the 9th State
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Article I: Legislative Branch
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Composed of the Senate and House
Requirements:
House of Reps:
2 year terms
25 years old
7 years citizens
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Senate:
6 year terms
30 years old
9 years citizens
All bills regarding money start in the House of Representatives
Legislative Powers = taxing, Naturalization, Money related bills, Postal Service
Article II: Executive Branch
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Composed of the President, VP and Cabinet Members
Requirements:
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Serve 4 year terms
Must be 35 years old
Natural Born Citizen
Live in US for 14 years
Elected by the Electoral College NOT directly
In charge of the Military and Cabinet
Can be removed through impeachment for treason, bribery, misdemeanors, or high
crimes.
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III: Judicial Branch
Composed of the Supreme Court
Federal Judges are appointed by the
President
 Serves as the referee between the branches
and can overturn laws it deems
unconstitutional.
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States
IV: Relations between the
State problems should be addressed by the
state governments
 States must treat citizens of other states as
if they were citizens of that state.
 Explains how new states are accepted into
the U.S.
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V: Amendment Process
 Explains
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how to amend the Constitution.
VI: National Supremacy
 “Supreme
Law of the Land”
 The laws in the Constitution are above
all government; everyone must follow it
 Article
VII: Ratification
 Approval
of the Constitution
 Explains Constitution will be in effect
after 9 out of the 13 States ratify it.
Week 8 – Reviewed
Week 9 – Testing
Week 10 and 11 –
States, Capitals,
Countries in Western
Hemisphere
Bicameralism
–Bicameral: Legislature divided into two houses.
–Resulted from WHAT COMPROMISE?
 The
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House
435 members, 2 year
terms of office.
Initiates all revenue
bills, more influential
on budget.
House Rules
Committee
Limited debates.
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Senate
100 members, 6 year
terms of office.
 Gives “advice &
consent”, more
influential on foreign
affairs.
 Unlimited debates.
(filibuster)
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Census – population count every 10 years
Gerrymandering – oddly shaped districted designed to increase votes
How Congress is Organized
Congressional
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Leadership
The House
Lead by Speaker of the
House - elected by House
members.
– Presides over House.
– Major role in committee
assignments and legislation.
– Assisted by majority leader
and whips.
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The Senate
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Formally lead by Vice
President.
President pro tempore –
“for the time being”
Really lead by Majority
Leader- chosen by party
members.
Assisted by whips.
Must work with Minority
leader.
Majority party – the party to which more than half of the members belong to
Minority party – other party
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The Committees and Subcommittees
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Four types of committees:
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Getting on a Committee
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Standing committees: permanent committees and continue their work
form session to session
Joint committees: includes members of both Houses
Conference committees: resolve differences in House and Senate bills.
Select committees: created for a specific purpose for a limited time.
Members want committee assignments that will help them get reelected,
gain influence, and make policy.
New members express their committee preferences to the party leaders.
Getting Ahead on the Committee: Chairs and the Seniority
System.
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The chair is the most important position for controlling legislation.
Chairs were once chosen strictly by the seniority system.
Now seniority is a general rule, and members may choose the chair of
their committee.
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Expressed powers – “Congress shall have the Power…”
Implied powers – Necessary and Proper Clause gives
Congress the power to do anything it deems “Necessary
and Proper” to carryout its expressed powers
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Not stated explicitly
Clause is also known as the Elastic Clause
EXAMPLES OF LEGISLATIVE POWERS
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Taxing and Spending
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Authorization bills – $ allowed (how much money is
authorized for that program to spend)
Appropriation bills - $ actually given to that program
Regulating Commerce - trade
Foreign Relations and Treaties – only Congress can
declare war.
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that do not relate to “law-making”
Approving presidential appointees into high positions
House has the sole authority to impeach
Oversight and Investigation: important to ensure
Executive branch is carrying out the laws appropriately.
Limits on Power
 Things Congress may NOT do:
 Writ of habeas corpus - cannot stop prisoner form going
to court to know why he or she is being held
 Bills of attainders – cannot pass laws that punish a person
without jury trial. WHAT AMENDMENT!?
 Ex post facto laws – cannot make something a crime
after it is committed.
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Types of Bills
Private Bills: concern individual people or places
Public bills: apply to the entire nation and
general matters like taxation, etc.
 Congress
considers many resolutions (formal
statements of opinions from lawmakers)
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Joint resolution – come from both the House and
the Senate, and usually do become laws if the
president signs it.
STEP 1 – INTRODUCE THE BILL
Usually start as an idea, presented either by a person or by
special interest groups (organizations made up of people with a
common interest that are trying to influence government
decisions)
 Bills are given a number
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Bill #231 in the Senate would be S.231 and in the House would be
H.R. 231
STEP 2 - Committee Action
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The Committee Chair decides whether to consider the bill or ignore it
Usually controlled by Standing Committees... They can:
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1. they can pass it without changes
2. mark it up with suggestions
3. replace it with an alternative
4. ignore it and let it die out
5. kill it by a majority vote
STEP 3 – Floor Debate
 After the Committee action they are ready to be considered by the full House and
Senate.
Senate usually goes in the order they are submitted
 In the House, the RULES COMMITTEE is like the “traffic cop” and determines the order
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The Senate allows riders (amendments that are unrelated to the bill) to be
attached to it
Senate can also filibuster
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A filibuster can be ended f ¾ of the members vote for cloture. After this no one can speak
for more than an hour.
STEP 4 – Voting on a Bill
 Three types of votes
Voice vote: “yea” or “no”
 Standing vote: those in favor stand to be counted
 Roll-call vote: a voice vote but in order as they are called
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Both the Senate and the House must pass a bill in identical form before it becomes
a law if not it is sent to a Conference Committee and gets voted on again.
STEP 5 – Presidential Action
 The president can do any of 4 things:
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Sign the bill and make it a law
 Veto it (refusing to sign it)
 Ignore it for 10 days and then it automatically becomes a law
 If the bill is getting passed close to the end of the Congressional Session, if the president
ignores it during the last 10 days of the session it is called a pocket veto and does not get
passed.
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Qualifications for President
The Constitution only lists 3:
1. at least 35 years old
2. native born American citizen
3. resident of the United States for at least 14 years
Most presidents have had politcal experience or have been lawyers but
that is not a formal requirement
Electing a President
Every 4 years
Not directly elected
*Electoral College
*Each State shall appoint "electors" and those then vote for the major
candidates
*Although the ballot will show the name of the Presidential candidate,
when you vote you are actually voting for the elector assigned to that
candidate.
*Same number of electors as Senators and representatives
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Terms of Office
Presidents serve 4 year terms
*Originally no term limits
*No president ran for more than 2 terms = TRADITION
*Franklin D. Roosevelt ran and won a third term
*22 amendment (ratified in 1951) limits to 2-terms and a max of
10 years
Salary and Benefits:
$400,000 plus money for expenses and travel
White House Staff = 80+ people
Air Force One
Vice President
Same qualifications as the president and elected the same way.
Presidential Succession
If president dies or leaves office the VP takes over his
responsibilities and duties. After this would be the Speaker of the
House, then the President Pro Tempore of the Senate, then the
Secretary of State, etc. (As of 1947 Presidential Succession Act)
*25th Amendment - VP takes over and appoints another VP to be
approved by both House and Senate
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Constitutional Powers - *veto *call Congress to special session
*Commander in chief * receive leaders of other countries * make treaties
(with senate approval) * appoint head of executive agencies and courts
*grant pardons
"state of the union" address - yearly; discusses important issues and
possible solutions
ROLES OF THE PRESIDENT!
1. Chief Executive: carrying out the laws
*can issue Executive orders which are rules or commands that have the
force of laws.
Pardons, Repreive, Amnesty
2. Chief Diplomat: directs foreign policy
3. Commander in Chief: leader of the armed forces; helps back up his
foreign policies if necessary.
*Checks and Balances: the president is responsible for sending the
soldiers to battle but only CONGRESS can declare war.
*War Powers Resolution: president must notify congress that he sent
troops within 48 hrs. If congress doesnt approve troops must return home
within 60 days.
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4. Legislative Leader: Most bills considered by Congress
come from the executive branch.
*Presidents have a legislative program (laws they want to
pass)
*Disagreements = President represents the whole country
while members of Congress represent their
states/districts.
5. Head of State: Living symbol of the Nation; represents
the country by visiting other countries and participating in
ceremonies.
6. Economic Leader: voters expect presient to deal with
such problems as unemployment, raising prices or high
taxes.
*Plans federal government budget
7. Party Leader: party members work hard to get the
president in their party elected.
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THE PRESIDENT AND FOREIGN POLICY
*Foreign policy - the nations plan for dealing with other nations
It has 4 essential goals!
1. National security - the ability to keep the country safe from
attack or harm AND it is the basic goal of foreign policy
2. International trade (vital to economic prosperity)
3. Promoting World peace
4. Promote democracy around the world
Constitution divides foreign and military affairs between the
president and Congress.
President = Commander in chief and Chief Diplomat
Congress = power to declare war, prohibit certain military
actions, can spend or withhold money for defense.
Tools of Foreign Policy
Strategies and methods to aid foreign policy making:
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*Creating Treaties and Executive Agreements
-formal agreements between the governments of two or more countries
-the Senate must approve by a 2/3 vote
-President can bypass the Senate by making an Executive Agreement
*Apponting Ambassadors
-an official representative of a country's government
-must be approved by the Senate
*Foreign Aid
-can be money, food, military assistance, or other supplies given to help
other countries
*International Trade
-president can make agreement with other nations regarding trade
-trade sanctions: efforts to punish another nation by imposing trade
barriers.
-embargo: another punishment tool which is an agreement among a group
of nations that prohibits them from trading with a target nation.
*Military Force
-As Commander in Chief president may use the military to carryout some
foreign policy decisions.
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Executive Office of the President
-about 2,000 employees
-budget of over $100 million
-Prepare reports, help write bills
- Divided into 5 Parts:
*White House Office - about 500 people
- Chief of Staff is the most powerful.
- Other members are a lawyer and a press secretary
*Office of Management and Budget (OMB) - Prepares the federal budget
and monitor spending
*National Security Council (NSC) - helps coordinate the military and
foreign policy.
- Includes, Secretary of State and Defense
*Office of Administration - provides administrative services to all
executive offices and provides info for people seeking records under the
Freedom of Information Act.
*Council of Economic Advisers (CEA) - helps president carry out the role
of economic leader. Deals with employment, tax policies, and foreign
trade.
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Cabinet
- a group of presidential advisers that includes the heads of the 15 toplevel executive departments.
-Called Secretaries (except the head of the Department of Justice who is
called the Attorney General)
*Department of Homeland Security - federal department to consolidate
the nation's defenses against terrorist attack and better coordinate
counterterrorism intelligence.
*Cabinet Responsibilities - not mentioned in the Constitution; they
spend most of their time coordinating their cabinet activities.
The Vice President and the First Lady
-usually do not have important roles
-recently more power has been given to the VP
-Today, First ladies have an office in the White House and a press
spokesperson since they so help serve our country
The Federal Bureaucracy
-the agencies and employees of the executive branch
-carry out the many programs that Congress has created to serve the
people.
*turn laws into action by applying it and deciding how to do so
*administer the day to day operations of the federal government (mail,
collect taxes, Social Security Checks)
*regulate various activities like broadcasting, banks, airlines, etc.
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Independent Agencies
-not part of the Cabinet
*Executive Agencies - specialized things within the governemnt
-NASA (National Aeronautics and Space Administration)
*Government Corporations - like private businesses but ran and owned by
the government.
-US Postal Service
*Regulatory Boards and Commissions - do not have to report to the
president
-made to protect the public
-make and enforce rules for certain industries
-Federal Communications Commission (FCC) - broadcasting rules, etc
Government Workers
Political appointees - chosen by the president; usually president
supporters.
90 % are Civil service workers and usually have permanent employment
-range from lawyers to doctors
-many fall under the Spoils System (jobs given as a reward for political
support)
-Now the civil service system is based on merit system (people who have
passed the tests or other standards)
 Week
14
 Week 15
 Week 16
 Week 17
– Thanksgiving
– Judicial Branch Handout
– Supreme Court Case Attached
and 18 – History fair
 Scarcity

3
– Fundamental Economic Problem
Not having enough
Economic Questions: What, How, and For
Whom to Produce.
 Economic models – used to study specific
part of the economy (examples are schedules
and curves)
 Cost Benefit Analysis – benefits vs losses – Is
it worth it? – Answer the 3 Qs
 Trade-Off – what’s the alternative?
 Opportunity Cost – What are you losing from
taking that trade off?
 Fixed
cost – do not change (same month to
month)
 Variable – fluctuates/changes month to
month (gas prices)
 Marginal – extra costs (remember the margin
on the paper is the EXTRA part of the paper)
 Characteristics:




Profit – make money
Private Property - owned
Markets – buying, selling, trading
Competition
**Market Economies – based on capitalism and free
enterprise
 Gross
Domestic Product (GDP) – total sum of
all FINAL goods and services
 Factor Markets – pieces that make the
product (tools, the ingredients, etc)

Consumers MAKE your money**
 Product

Market – Finished product (cake)
Consumers LOSE their money
 Specialization
& Productivity: specialization
makes you more productive. Specialization is
working on only one specific thing to
maximize the quality.
 The
Wealth of Nations - Adam Smith
 Laissez-faire Economics – “let it be”
governments role in the economy is strictly
limited
 Discretionary Income –after you pay all your
bills, its is at your discretion what you spend
your money on.
 **Disposable Income – the money you get
paid after taxes are taken from your check.
 DEMAND – desire, the willingness and ability
to buy that product


Demand/Supply Schedule – Table/chart
Demand/Supply Curve - Graph
 Diminishing
marginal utility – smaller, extra,
usefulness (extra usefulness of eating one
more slice goes down the more pizza you
eat)
 Substitutes


and Compliments
Substitutes – replace (chicken can replace turkey; tea
replace coffee)
Compliments – go with something (xbox and
controllers)
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
Magna Carta
Naturalization
Citizenship
Rights
Responsibility
Bill of Rights
Article 1
Article 2
Article 3
Article 4
Article 5
Article 6
13.
14.
15.
16.
17.
18.
19.
20.
21.
Article 7
Articles of
Confederation
Concurrent
Jurisdiction
Capitalism
Discretionary
Income
Disposable
income
Fixed cost
Variable cost
Marginal cost
22.
23.
24.
25.
Marginal utility
Laissez-faire
Alexander
Hamilton
Thomas
Jefferson