Tuesday, November 30, 2010

Tuesday November 30, 2010

1.  Write your journal.  Topic: Do you think people should judge other people?  Would you feel comfortable deciding whether someone was guilty or not guilty?  Would you feel comfortable sentencing someone to prision?

2.  Complete the following:
Federal Courts vs. State Courts.


Directions: Using the chart on pg. 508, determine if the following cases should be heard in Federal Courts or State Courts. Write your answers on another piece of paper.

1. You get pulled over in Fontana for a speeding ticket.

2. You get a truancy ticket.

3. There is a collision at sea.

4. There is a robbery of a private yacht at sea

5. There is a murder on a cruise ship

6. You decide to sue the Fontana Unified School district because your government class is too easy.

7. The State of Louisiana decides to sue BP for the oil spill

8. You get busted for shoplifting at Victoria Gardens

9. There is a dispute over a contract to deliver a ship’s supplies at dockside

10. Your parents are suing the neighbor over a tree that overhangs into your backyard

11. Jay-Z and Beyonce decide to get a divorce

12. You get a ticket for texting while driving

13. The State of California decides to sue the State of Texas

14. You decide to sue the F.B.I for invasion of privacy

15. You decide to sue the President of Argentina

16. The State of California decides to sue China

17. You get arrested for driving under the influence of alcohol

18. You get arrested for breaking into your neighbor’s house and stealing their copy of Call of Duty

19. You get busted for smuggling drugs on a boat from Cuba

20. You get busted for smuggling illegal aliens from Haiti

21. Melvin Blue entered a federally insured bank and robbed money from the safe. Where will this case be filed?

22. Two weeks later, Blue robbed a man who had just taken money out of an ATM machine in a grocery store. Where will this case be filed?

23. Mary Brown works for ABC Corp.; she claims that her boss refused to promote her because she is a woman. Where will Mary Brown file this case?

24. True or false. "Of all court cases filed annually in this country, for every federal case filed, thirty are filed in state courts."

25. Kidnapping across state lines

26. You decide not to pay income tax

27. You download music illegally

28. You download movies illegally

29. Terrorism crimes

30. McDonalds declares bankruptcy

Monday November 29, 2010

1.  Write your journal.  The Topic:  How was your break?  What were the highs?  What were the lows?  What would you change about your break?

2.  We did vocabulary.  Using your textbook glossary, write down the word, the definition, and use the word in a sentence for the following words:
Inferior Courts
Plantiff
Defendant
Origianl Jurisdiction
Jurisdiction
Appelate Jurisdiction
Criminal  Case
Civil Case
Majority Opinion
Precedent
Judicial Review
Writ of Certiorari
Judicial Power
Jury

Wednesday, November 17, 2010

Friday November 19, 2010

1.  Write your journal
2.  We took a test.  You are going to need to make it up when you get back.

Wednesday and Thursday November 17 and 18, 2010

1.  Write your journal
2.  Take the following notes.
3.  Study for the test.  Study guide at end
Notes:
• Presidential Power

• The Growth of Presidential Power
• The power of the presidency has been cause for debate mainly because the Constitution provided a loose definition of executive power.
• The influence of strong Presidents, the demands of the American people for strong leadership, and the need for decisive action during national emergencies has worked to strengthen the powers of the presidency.
• The Growth of the Executive Power
• The passage of thousands of laws by Congress, mass media expansion, and the nation’s complex economic life have all contributed to the growth of the executive power.
• Other Presidential Duties
• The President appoints Cabinet members with Senate approval.
• The President names most of the top-ranking officers of the Federal government with Senate approval. Supreme Court vacancies, federal judges, etc.
• Typical sequence in appointment process: nomination, Senate committee hearings, Senate debate, rejection/confirmation
• Other Presidential Duties Cont…
• The President’s power to execute the law covers all federal laws, whether or not the President agrees with them.
• The President shares military powers with Congress.
• A President can use armed forces abroad at his or her discretion.
• Treaties negotiated by the President must get the Senate’s consent, can be repealed by Congress, and declared unconstitutional by the Supreme Court.
• Other Presidential Duties Cont…
• The President exercises legislative power over Congress by recommending legislation.
• The President has the ability to veto legislation from Congress.
• The President has the ability to grant pardons, a legal forgiveness of a crime. Presidential pardons can be given after a person has been convicted in court, and before that person is tried, or even before that person has been formally charged.
 
Study Guide:
Study Guide for Executive Branch Test

1. What constitutional amendment deals with Presidential disability? (pgs. 360-361)

2. How old must the President of the United States be? (poster and 356)

3. How much money does the President make per year? (poster and 358)

4. Why did the electoral system break down in the election of 1800? (Book Section and 366)

5. If an incumbent President is seeking another term in office, who will his part likely nominate? (Board Questions and 374, “Who is Nominated)

6. How are a State’s presidential electors chosen? (Board Questions and 378, “Choosing Electors”)

7. What is the maximum amount of years a President can serve in office? (poster and 357)

8. According to the Presidential Succession Act of 1947, who follows the Vice President in the line of presidential succession? (poster and 359)

9. Who can challenge the President’s decision to resume duties after an illness? (25th Amendment notes and pg. 361)

10. What is the least amount of presidential electors a State can have? (Board Questions and 380, Map)

11. What are the two formal duties of the Vice President? (pg. 361)

12. What is the first session of the national convention generally devoted to? (Board Questions and 373, “The First Two Days)

13. Where does the first caucus take place in presidential primaries? (Board Questions and “The Caucus Convention Process)

14. What is the most widely supported plan for reform of the Electoral College? (Board Questions and 383, “Direct Popular Election)

15. What are the major flaws in the Electoral College system? (Board Questions and 379, “Flaws in the Electoral College)

16. Why has the power of the presidency been cause for debate? (Notes)

17. What has been used to strengthen the presidency? (Notes)

18. Who does the president share military powers with? (Notes)

19. Where does the president get power to for the ordinance power in order to issue executive orders? (Question Handout)

20. Why does the president need the ordinance power? (Question Handout and 394)

21. What is the difference between a treaty and an executive agreement? (Question Handout)

22. What is the sequence of events in the appointment process? (Notes)

23. What does the President’s power to execute the law cover? (Notes)

24. What are executive agreements? (Question Handout)

25. What are the steps for treaties? (Question Handout and Notes)

26. Who appoints and Cabinet members? Who approves Cabinet members? (Notes)

27. Why has the executive power grown? (Notes)

28. When can the President use armed forces abroad? (Notes)

29. How does the President exercise legislative power over Congress? (Notes)

30. When can the President use the power to grant pardons? (Notes)

Monday, November 15, 2010

Tuesday November 16, 2010

1.  Write your journal
2.  Read and complete the following questions.  Questions are at the very end

Ordinance Power- Power of the President to issue executive orders; originates from the Constitution and acts of Congress.


PRESIDENTIAL ORDINANCE-MAKING POWER

As a means of carrying out constitutional and statutory duties, Presidents issue regulations, proclamations, and EXECUTIVE ORDERS. Although this exercise of legislative power by the President appears to contradict the doctrine of SEPARATION OF POWERS, the scope of administrative legislation has remained broad. Rules and regulations, as the Supreme Court noted in United States v. Eliason (1842), "must be received as the acts of the executive, and as such, be binding upon all within the sphere of his legal and constitutional authority."

Proclamations are a second instrument of administrative legislation. Sometimes they are hortatory in character, without legislative effect, such as proclamations for Law Day. Other proclamations have substantive effects, especially when used to regulate international trade on the basis of broad grants of statutory authority. Still other proclamations have been issued solely on the President's constitutional authority, as with pardons and AMNESTIES and ABRAHAM LINCOLN'S proclamations in April 1861. When a statute prescribes a specific procedure in an area reserved to Congress and the President follows a different course, proclamations are illegal and void.

From ancient times a proclamation was literally a public notice, whether by trumpet, voice, print, or posting. Yet in 1873 the Supreme Court in Lapeyre v. United States declared that a proclamation by the President became a valid instrument of federal law from the moment it was signed and deposited in the office of the secretary of state, even though not published. These early proclamations eventually found their way into the Statutes at Large, but not until the Federal Register Act of 1935 did Congress require the prompt publication of all proclamations and executive orders that have general applicability and legal effect.



Executive Orders- Directive, rule, or regulation issued by a chief executive or subordinates, based upon constitutional or statutory authority and having the force of the law.



What is an Executive Order?

Executive Orders (EOs) are legally binding orders given by the President, acting as the head of the Executive Branch, to Federal Administrative Agencies. Executive Orders are generally used to direct federal agencies and officials in their execution of congressionally established laws or policies. However, in many instances they have been used to guide agencies in directions contrary to congressional intent.



A Brief History and Examples

Executive Orders have been used by every chief executive since the time of George Washington. Most of these directives were unpublished and were only seen by the agencies involved. In the early 1900s, the State Department began numbering them; there are now over 13,000 numbered orders. Orders were retroactively numbered going back to 1862 when President Lincoln suspended the writ of habeas corpus and issued the Emancipation Proclamation by Executive Order. There are also many other Executive Orders that have not been numbered because they have been lost due to bad record-keeping. Such is not the problem today. All new Executive Orders are easily accessible

Many important policy changes have occurred through Executive Orders. Harry Truman integrated the armed forces under Executive Order. President Eisenhower used an EO to desegregate schools. Presidents Kennedy and Johnson used them to bar racial discrimination in federal housing, hiring, and contracting. President Reagan used an EO to bar the use of federal funds for advocating abortion. President Clinton reversed this order when he came into office.

President Clinton has come under fire for using the EO as a way to make policy without consulting the Republican Congress. Clinton has signed over 300 EOs since 1992. In one case, he designated 1.7 million acres of Southern Utah as the Grant Staircase - Escalante National Monument. He also designated a system of American Heritage Rivers and even fought a war with Yugoslavia under Executive Order.




Executive Agreement- A pact made by the President directly with the head of a foreign state; a binding international agreement with the force of law but which (unlike a treaty) does not require Senate consent.

EXECUTIVE AGREEMENTS

EXECUTIVE AGREEMENTS, a term signifying international agreements concluded by the president, as distinguished from treaties, which can be ratified by the president only with consent of the Senate. In international usage they are often called "treaties in simplified form," whether embodied in one text or in an exchange of notes. Executive agreements are as effective as formal treaties in conferring rights and obligations under international law. The Constitution mentions them obliquely as "agreements" or "compacts," without specifying limitations as to procedure, form, or substance. Early suppositions that they bind only the administration that concludes them, or that their use must be confined to routine matters, have been negated by practice. Although executive agreements are usually administrative agreements that implement policies already determined, there are many that have determined significant policies—for example, the Rush-Bagot Agreement (1817) limiting armament on the Great Lakes; the exchange of notes enunciating the Open Door policy in China (1899, 1900); the Boxer Protocol (1901); the Gentlemen's Agreement (1907) on Japanese immigration; the Lansing-Ishii Agreement (1917) on Japanese interests in China; the armistices after the Revolution, the Spanish-American War, and the two world wars; the Atlantic Charter (1941); and the Moscow, Teheran, YALTA, and POTSDAM agreements during World War II (1943, 1945).


There are numerous examples of executive agreements established by the President. Famous historic examples include the mutual protection deal struck with the United Kingdom at the onset of World War II, the postwar agreements with the Soviet Union at Yalta and Potsdam in 1945 and the peace treaty established with Vietnam in the early 1970s. Modern examples include the North American Free Trade Agreement from 1994 and membership in the World Trade Organization. These were all brokered by executive agreement with no oversight by the legislative branch.

























Treaty- A formal agreement between two or more sovereign states.

Ratification and Implementation of U.S. Treaties and Agreements

When conducting U.S. treaty research, it is important to understand the ratification and implementation process. Negotiation of treaties and international agreements is the responsibility of the Executive Branch. The U.S. Department of State provides the Foreign Service with detailed instructions for the negotiation and conclusion of treaties and international agreements. These instructions are part of the Foreign Affairs Manual, Circular 175.4 Circular 175 summarizes the constitutional requirements for determining whether an international agreement should be considered a treaty or an agreement. It outlines the general procedures for negotiation, signature, publication, and registration of treaties and international agreements.


1. Outline of the Treaty Making Process:

Secretary of State authorizes negotiation

U.S. representative negotiate

Agree on terms, and upon authorization of Secretary of State, sign treaty

President submits treaty to Senate

Senate Foreign Relations Committee considers treaty and reports to Senate

Senate considers and approves by 2/3 majority

President proclaims entry into force


2. 6. 2000-current

2000 - Patent Law Treaty (PLT) - (not ratified by U.S.)

2001 - Convention on Cybercrime - a highly controversial proposal (U.S. Senate ratified August 2006 [4] )

2002 - SORT (Strategic Offensive Reductions Treaty) AKA Moscow Treaty - limits the nuclear arsenals of Russia and the U.S.

2004 - International Treaty on Plant Genetic Resources for Food and Agriculture AKA "International Seed Treaty" - to assure farmers' access to seeds of the world's food security crops (not ratified by U.S.)

2005 - Kyoto Protocol - climate change (not ratified by U.S.)

2005 - Dominican Republic-Central America Free Trade Agreement



Questions:

Ordinance Power:

1. Where do the ordinance powers originate?

2. In order to carry out constitutional and statutory duties, what do Presidents issue?

3. What are proclamations?

4. What is an example of a proclamation?



Executive Orders:

1. Who gives executive orders?

2. What are executive orders generally used for?

3. What did Harry Truman change with an executive order?

4. What did Ronald Reagan change with an executive order?



Executive Agreements:

1. Does an executive agreement need Senate consent?

2. Who negotiates an executive agreement?

3. What is an example of an executive agreement before World War II?

4. What is an example of an executive agreement after World War II?



Treaties:

1. What is a treaty?

2. What branch of government is responsible for the negotiations of a treaty?

3. What House of Congress must approve a treaty?

4. What treaties have not been ratified by the United States in the 2000’s?

Monday November 15, 2010

1.  Write your journal
2.  Read pages 365-367 and answer question 1-5 on pg. 367
3.  Answer the following questions:
1.  If an incumbent President is seeking another term, who will his party likely nominate? pg. 374 "Who is Nominated"
2.  How is a State's presidential electors chosen? pg. 378 "Chosing Electors"
3.  What is the least number of presidential electors a state can have? pg. 380, Map
4.  What are the 3 flaws in the electoral college system? pg. 378. "Flaws in the Electoral College"
5.  What is the most widely supported plan for reform of the electoral college? pg. 383 "Direct Border Election"
6.  Where is the first and most widely publicized caucus during presidential primaries? pg. 372, "The Caucus Convention Process" last paragraph.
7.  What is the first session of the national convention generally devoted to? pg 373, "The First Two Days"

Tuesday, November 9, 2010

Wednesday November 10, 2010

1.  Write your journal
2.  Watch this video and write a 1/2 page summary    http://www.cbsnews.com/video/watch/?id=7032552n

Tuesday November 9. 2010

1.  Write your journal
2.  Make a poster for President, using Formal Qualifications pg. 356-357 and Pay and Benefits pg. 358, and a poster for Presidential Succession pg. 359

Monday, November 8, 2010

Monday November 8, 2010

1.  Write your journal.
2.  Give examples of how president Obama would exercise the following powers:

Chief of state
chief executive
chief administrator
chief diplomat
commander in chief
chief legislator
chief of party
chief citizen
3.  The President of the United States makes $400,000 per year.  In your opinion, is this too much or too little money?  Why or why not?  How much money should the president make?  Your response must be one paragraph.

Friday November 5, 2010

1.  Write your journal
2.  Vocabulary.  You have to write the word, definition, and use the word in a sentence for the following words:
Chief of state
chief executive
chief administrator
chief diplomat
commander in chief
chief legislator
chief of party
chief citizen

Wednesday, November 3, 2010

Wednesday and Thursday November 3 and 4, 2010

Today was block scheduling.
1.  Write your journal
2.  We took the test.  You are going to have to take the test when you come back, so study for it.

Tuesday, November 2, 2010

Tuesday November 2, 2010

1.  Write your journal
2.  Here is the study guide for the test:
Study Guide- The Legislative Branch. Chapters 10, 11, 12, pages 258-349


1. How old do you have to be to run for the Senate? (pg. 277 and Posters)

2. Why is the lawmaking function of Congress central to democracy? (Notes)

3. What are the qualifications for Senators? (pg. 277 and Posters)

4. Screening bills for floor consideration is a major duty of whom? (Notes)

5. What is the regular period of time during which Congress conducts its business? (Notes)

6. What longstanding custom is required of candidates for the House of Representatives? ( 272, last paragraph)

7. How long are Senator Terms? (pg. 272)

8. What are the qualifications to run for a Senator? (pg. 277 and Posters)

9. What branch of Congress must approve treaties? (Notes)

10. Who has the power to propose constitutional amendments? (Notes)

11. What did the implied powers doctrine, upheld in McCulloch v. Maryland, give Congress the power to do? (Notes)

12. Who does Congress share foreign relations power with? (Notes)

13. What 3 roles do members of Congress fill? (Notes)

14. On the average, which group of people occupies the majority of seats in Congress? (Notes and pg. 279)

15. When are congressional elections held? (Notes)

16. What are the differences between the Senate and the House of Representatives? (pg. 272 and Posters)

17. In McCullough v. Maryland, what did the Supreme Court uphold? (Notes)

18. Who has the power to declare war? (Notes)

19. What branch of Congress has the power to impeach? (Notes)

20. How can a bill become a law without the President’s signature? (pg. 346)

21. At what step, do most measures or bills die? (Worksheet, pg. 344)

22. What is the purpose of a filibuster? (Notes)

23. What is eminent domain? (Notes)

24. What is the Necessary and Proper clause also known? (Notes)

25. In the Vice President’s absence, who is the presiding officer of the Senate? (pg. 323)

26. How many members are in the House of Representative? (Notes)

27. What is Gerrymandering? (Vocabulary and pg. 271)

28. How long are House of Representative members elected to serve? (pg. 272)

29. How old do you have to be to run for the House of Representatives? (pg. 272)

30. How many Senators are there from each state? (Notes)

Monday November 1, 2010

1.  Write your journal
2.  We took notes today.  Here they are:
• Congress


The Legislative Branch

• The House of Representatives and the Senate

• 435 members of the House of Representatives- Based on population of the state.

• 100 members of the Senate- Two from each state.

• Members of Congress are legislators, committee members, and servant to constituents.

• Both members of the House and the Senate are elected by citizens of their states. Elections are held on the Tuesday after the first Monday in November of each even-numbered years.

• Where does Congress get its Power?

• Article I, Section 8, of the US Constitution states the expressed powers of the Congress.

• The implied powers doctrine, upheld in McCulloch v. Maryland, gives Congress the power to do anything reasonably related to carrying out the expressed powers.

• The “Necessary and Proper Clause” also known as the “elastic clause” allows Congress to do things not explicitly expressed in the Constitution.

• Congressional Diversity (or lack thereof)

• Our Representatives

• Congressional Powers

• Collect taxes, duties, and excises.

• Borrow money

• Coin Money

• Punish Counterfeiters

• Establish post offices and post roads.

• Punish pirates

• Create courts inferior to the Supreme Court



• Declare War

• Raise and support armies.

• Propose constitutional amendments

• Impeach

• Investigate

• Congress also makes laws

• Bills, or proposed laws, must be approved by a majority of the Senate and the House

• The lawmaking function of Congress is central to democracy because it is the means by which the public will become public policy.

• Most bills, or measures, are introduced in committees.

• Screening bills for floor consideration is a major duty of committee members.



• Senate Committees

• House Committees

• Congress Hodgepodge

• Congress meets for a session

• All treaties must be approved by 2/3 vote of the Senate

• Congress shares foreign relations power with the President

• The House of Representatives is given the power to impeach

• The purpose of a filibuster is to prevent action on a bill

• Eminent Domain is the inherent power to take public property for private use.

Friday October 29, 2010

1.  Write your journal
2.  We did a worksheet, so you are going to need to ask me for it.