East Penn Academic Government Notes

Freedom of Speech This includes: Statements people may disagree with Speech that results in undesirable actions Speech protesting government policy Ideas found offensive Symbolic speech (actions representing thoughts or words) This excludes: Threatening speech Clear and present danger "Fighting words" Libel (written defamation) Slander (spoken defamation) Obscenities Speech that conflicts with social / government actions Freedom of Religion Protected in two ways: Establishment Cause Prohibits the government from establishing an official religion. Prohibits the government from leading prayer in school Free Exercise Clause Allows people to worship as they please Certain actions can still be illegal Separation of Church and State is never  explicitly mentioned in Constitution. Right to Protection from Unreasonable Searches and Seizures This is protected under the "Exclusionary Rule" , which prevents evidence seized in vio...

Living Constitution This philosophy (also called "dynamic document") is that the meaning of the Constitution was meant to change throughout time and history. Original Intent This philosophy (also called "originalism") is that the Constitution it to be interpreted based on how Framers would have interpreted it. Judicial Activism This philosophy is built upon that courts exercising judicial review to strike down statutes as unconstitutional. They try to "right wrongs" on controversial political issues. Judicial Restraint This philosophy is that they can only strike down laws if they are obviously unconstitutional.

Jurisdiction is the right of a court to hear a case and apply the law. Dual Court System The dual court system is the division between federal and state courts. Federal courts hear criminal and civil cases involving Constitutional questions, federal law, and treaties. State courts hear criminal and civil cases related to state constitutional questions and state laws. Purpose This limits the power and scope of jurisdiction at both levels. District Courts They are the first to hear a case. Court of Appeals They hear challenges to verdicts on previous trial cases. They do not  retry cases or hear new evidence. Supreme Court The court of last resort in all questions of federal law and constitutionality. They have nine justices. Appointing a justice entails that they serve for life and good behavior. Freedom from political pressures allow justices to rule without outside influence. Duties Deciding which cases to hear Deciding on the case itself Determining an ...

Federal Reserve was established to serve as the central banking system of the United States. This was aimed to: Minimize banking panics Improve stability of the U.S. economy Organize, standardize, and stabilize American currency Their primary task is controlling the country's money supply, the now also control monetary policy. They change the reserve ratio requirements for banks. Requiring banks to have higher reserve ratios per deposit forces the bank to lend less, decreasing the overall money supply. Allowing banks to decrease their reserve ratios per deposit allows the bank to lend more, which increases the overall money supply. The Fed also raises and lowers short-term interest rates to influence demand. Lower interest rates in crease economic demand and flow of currency, higher interest rates do the opposite. Lastly, the Fed buys issued securities from large banks or security dealers, increasing the money supply. If it sells these securities it is decreasing the money ...

Uncontrollable Spending This is also known as mandatory spending. The level of spending cannot be changed unless Congress changes the law(s) that set the funding for those programs. A majority of uncontrollable spending goes towards entitlement programs. Once Congress sets the standards of eligibility for these programs, it cannot adjust how much the government spends. Discretionary Spending The spending amounts on specific budget items that Congress and the President make choices on each year. The military takes 50% of all discretionary spending. The Federal Budget Estimate of government spending for the next fiscal year, it declares public policies of the United States. Creating the Budget President presents budget to Congress House and Senate working together to determine size of budget Appropriations Committees set spending for different sectors President approves the budget Approving the Final Budget Continuing resolutions allow affected agencies to cont...

Vetoes Line-Item Veto is the ability to cancel out some measures of a provision while approving others. It can help to eliminate wasteful federal spending, however it could  give too much power to a president. Judicial Powers Reprieve is the postponement of the execution of a sentence. A pardon is legal forgiveness of a crime, pardons must be accepted by the person it is given to. Emergency Powers These may grant any additional war powers or other powers in times of emergency. Responding to war emergencies automatically grants presidents these powers. However, "times of emergency" is subjective and this could allow for standing laws to be broken.

Qualifications Natural-born citizen of the United States (in U.S. or to U.S. citizen) 35 years old Have spent at least fourteen years in the United States (need not be consecutive) Term Limits A president can serve a maximum of two, four year terms or ten years Presidential Primaries Voters indicate preferences for nominees for president of the United States indirectly through the choice of delegates to the presidential nominating convention. Caucuses Voting is held at local, county, and then state levels to determine a delegate. Electoral College Each state has as many electors as it does members of Congress. This system makes it more advantageous for candidates to focus on states with high numbers of electoral votes. Arguments Against Winner of popular vote could lose election Nothing requires electors to vote for candidate favored by the State (faithless electors) House of Representatives could be forced to decide an election Small states are overrepr...

Presiding Officers Speaker of the House Speaker of the House is the presiding officer of the House. They're also the acknowledged leader of its majority party. The Speaker is in place to keep order and help organize the party's agenda. Their most important power is directing bills to committee. President of the Senate The Vice President is president of the Senate. He's not an official member of the Senate and only votes in cases of a tie. Floor Leaders Floor leaders are legislative strategists. They try to carry out the decisions of their party members and control floor action. Whips Whips are the line of communication between the floor leaders and other members of Congress. Committees Standing Committees Similar bills are sent to committee and receive most thorough consideration in these bodies. Select Committees These are most often investigative in nature and used to ensure federal agencies are following the laws set in place. Joint Commi...

Necessary and Proper Clause It gives Congress all the power it needs to carry out its enumerated powers. (a.k.a the Elastic Clause) Enumerated Implied Lay and collect taxes Punish tax evaders Borrow money Establish Federal Reserve System Raise an army and navy Establish a draft Regulate commerce Establish a minimum wage State of Maryland does not have the power to tax an institution created by Congress according to its powers under the Constitution. Congress has power under the Constitution to incorporate a bank according to the Necessary and Proper clause. McCulloch v. Maryland set a precedent of an expansive interpretation of the Constitution that gives broad powers to Congress. Commerce power has grown to encompass nearly every form of economic activity today.