United States History And Government



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United States History

And Government

Regents Review Packet

Principles of the Constitution

Summarize your knowledge of the base principles of the Constitution by briefly completing the chart below.

Constitutional

Principle



Define the principle.

How does the principle promote freedom?

Specific example of the use of the principle.

Constitutional

Convention



Concern over creating a government that strong but not abusive

Personal liberties needed to be guaranteed

Elastic clause

Bill of Rights



Federalism

Division of the power to govern between the national and state governments

Another form of checks and balances

Delegated powers ( National Gov.)

Reserved Powers (State Gov.)

Concurrent Powers (shared)


Separation

of Powers



Derived from Enlightenment Philosophy (Montesquieu).

Each branch is given a

different function within the government


No one branch can

overpower the others



Legislative - makes laws

Executive - enforces laws and treaties

Judicial - explains and interprets laws

Checks and

Balances


Gives each branch the authority to 'check each other's powers

No one branch can

overpower the others



Impeachment

Funding (the power of the purse)

Presidential vetoes

Judicial review



Limited

Government



Based on the Enlightenment belief that government is not all-powerful, and may only do those things the people have given it the power to do (think John Locke s Natural Rights)

Power is held by the citizens and carried out by elected representatives who are held accountable for their actions

The constitution places limits on the national and state governments and government officials

Amending

Process


The constitution is an organic being which can be changed when needed through the amendment process as laid out in Article V

As the nation changes, so too does its laws

Amendments XI - XXVII

Unwritten

Constitution



Those processes of our that are an essential part of the system but are not in the Constitution

Gives government officials more support in accomplishing their tasks

The cabinet

The Electoral College

Political parties

Congressional committees



Civil Liberties

And Equality



All citizens have access to same rights

Prevents the government from denying citizens the right to participate in their government

Protected through amendments 13-15 as well as the 19th.

Presidential

Power


Defined by Article II of the US Constitution

Checks the power of the

Legislative and Judicial branches



Chief Executive

Chief Diplomat

Commander-in-chief

Negotiates treaties



Elastic Clause

Implied Powers



Congress can make all laws “necessary and proper” for carrying out the tasks listed in the constitution

Elected representatives

can alter laws as times

change


All laws made since the adoption of the constitution

Constitutional Amendments



Amendment

_


Topic

How did it expand individual rights?

First

Freedom of religion, speech, and press; the right to assemble peacefully, and the right to petition the government

Prevents the government from infringing upon our natural rights

Second

Militias and the right to bear arms

Protects the right of states to

maintain militias and citizens the

right to possess firearms


Fourth

Protection from unreasonable searches and seizures

Protects citizens from federal abuses of power (warrants, limited scope)

Fifth

No one may be deprived of life, liberty, or property without the due process of law

Prevents government aggression

Sixth

Guarantees the right to trial by a jury in criminal cases

Guilt and innocence are

determined by citizens



Seventh

Guarantees the right to trial by a jury in most civil cases

Guilt and innocence are

determined by citizens



Eighth

Prohibits excessive bail, fines, and

punishments



Protects against government

intrusion



Thirteenth

Abolition of slavery

No person can be forced into servitude

Fourteenth

Reaffirms that the government must uphold civil rights for all citizens

All US citizens, including newly

freed slaves, were given full rights

under the constitution


Fifteenth

Voting rights for African American men

Banned all race-based voting

qualifications



Eighteenth and Twenty-First

Prohibition (Temperance Movement)

18th - prohibited the selling of

intoxicating liquors

21st - repealed the 18th


Nineteenth

Voting rights for women

Banned all sex-based voting

qualifications



Twenty-Sixth

Voting age

The voting age was lowered to 18


Supreme Court Cases


Case / Year

Background

Importance

Issue

Marbury v.

Madison


1803

Madison withheld a writ of mandamus for William Marbury after being appointed as a federal judge under Adams

Established judicial review

Separation of powers: checks and balances
Role of the Judicial

Branch


McCulloch v. Maryland

1819


Maryland attempted to tax all

banks not chartered in the state



The Constitution grants to Congress implied powers to create a functional national government
State action may not impede valid constitutional exercises of power by the Federal government (decision against Maryland)

Federalism
Necessary & Proper Clause
The Judiciary

Dred Scott v. Sanford

1856


Because Scott had been in both a free state and a free territory he sued for his freedom. The Taney court decided that no one of African descent could ever gain rights.

Major setback for the fight for equality among African Americans

Equality

Civil Liberties

The Judiciary


Plessy v. Ferguson

1896


Plessy attempted to sit in a “whites only" railway car but was rejected because he was 1/8 black

Legalized segregation

Separate but equal
Equality

Schenck v. United States

1919


Charles Schenk circulated a flyer to recently drafted men. The flyer cited the Thirteenth Amendment's provision against "involuntary servitude.

First amendment rights are curtailed during a time of war if they present a clear and present danger to the nation

Freedom of speech
Civil liberties:

Limited in wartime



Korematsu v. United States

1944


Korematsu sued the US Government for its internment of Japanese Americans during WWII

Upheld the power of the president in wartime to limit a group 's civil liberties

Civil liberties

Presidential powers during wartime

Rights of ethnic/racial groups


Brown v.

Board of Ed.

1954


Thirteen Topeka, Kansas parents called on the board of education to reverse its policy of racial segregation

Court overturned Plessy v. Ferguson s “separate but equal” clause

Segregation violates the 14th

Amendment


Equality

Federalism

Rights of

ethnic/racial groups



Miranda v.

Arizona

1966


Miranda was accused of rape and robbery. He admitted to robbery and attempted rape, but the case was repealed because he was never made aware of his rights

Established the requirement of law enforcement to read Miranda Rights to accused Citizens

Criminal procedures

Civil liberties



Tinker v.

Des Moines

1969


Three students were suspended for wearing black armbands in protest of Vietnam

Are 1st Amendment “symbolic” rights relinquished in a school?

Freedom of Speech and Expression

NY Times v.

United States

1971


Daniel Ellsberg's "Pentagon Papers" were being published in a public newspaper

Freedom of the Press cannot be limited by only governmental claim of National Security interests

Freedom of Speech and Press

Roe v.

Wade


1973

Norma L. McCorvey ("Jane Roe ) claimed that she was pregnant as a result of rape and sued the state of Texas because their laws against abortion violated her privacy rights under the 14th Amendment

The central holding of Roe v. Wade was that abortions are permissible for any reason a woman chooses, up until the "point at which the fetus becomes `viable,' that is, potentially able to live outside the mother's womb, albeit with artificial aid.

Civil liberties

Rights of women



New Jersey v. T.L.O

1985


Two female HS students were searched for other "paraphernalia" after being caught smoking rolling papers were discovered and student later confessed to selling marijuana

Could the confession stand up as a result of this search and seizure - Furthermore were the search and seizure Constitutional?

4th Amendment school ground limitations

Planned Parenthood of Southeaster PA et al. v.

Casey


1992

Could states "lower the standards for restricting the right to privacy concerning abortion via Roe v. Wade

Can limitations be made by states on abortion rights as granted via Roe V. Wade?

Right to Privacy

Federalism



Veronia School District v.

Acton


1995

School district began random drug testing of athletes based upon reports of drug use

Does random testing of athletes violate 4th amendment-court allowed

4h Amendment

Rights of students



Bush v. Gore

2000


VP Al Gore sued Secretary of State of Florida(Kathryn Harris) to decertify election count in certain Florida counties Bush campaign appealed state decision that allowed counting of ballots to continue

Can the Supreme Court intervene in a state process to overturn electoral process?

Power of Federal Government

Federalism



Documents in U.S. History




Document

Completing Year

Describe the document.

Why was it important?

Virginia House

of Burgesses/

Mayflower

Compact


1619/

1620


  • Virginia – representative government

  • Mayflower - direct democracy

  • First example of American self-government and democracy

Common

Sense


1776

Outlined the abuses of British Rule

Written by Thomas Paine



  • 6000,000 pamphlets went into circulation

  • Promoted popular support for the independence movement

Declaration of

Independence



1776

  • Three parts:

  • Theory of government

  • List of grievances

  • A formal resolution declaring independence

  • America formally breaks ties with England

Articles of

Confederation



1781

  • First official constitution as a group of united states

  • Weak central government

  • Ineffective

Federalist

Paper


1787-

1788


  • Hamilton, John Jay, and Madison collaborated to write these documents arguing the US Constitution

  • Led to ratification of the US Constitution

  • Known as one of the greatest collections

  • of political essays in US history

Bill of Rights

1791

  • List rights guaranteed to Americans

  • Established a framework by which citizens are guaranteed protection from the government

Monroe

Doctrine


1823

  • Called for an end to European colonization in the Western Hemisphere

  • no European interference in the west

  • a promise of noninterference by the US in Europe

  • Became the foundation of US foreign policy in the Western Hemisphere

Declaration of

Sentiments



1848

  • List of grievances on behalf of women

  • Structurally similar to the Declaration of Independence

  • Demanded that all the rights given to men should be given to women as well

  • Came out of the Seneca Falls Convention

Emancipation

Proclamation



1863

  • Freed all slaves in those areas still in rebellion against the Union

  • Shifted the war aims from preserving the Union to also include ending slavery

Fourteen

Points


1918

  • A list of changes that Wilson believed should be instituted in order to avoid another world war

Atlantic

Charter


Speech

1941

  • Agreements between Churchill and FDR on building a lasting peace and establishing free governments after WWII

  • Established the importance of promoting

  • FDR 's Four Freedoms

I Have a Dream' Speech

1963

  • Expression of King's hope for a unified America

  • Gave hope to the Civil Rights Movement at a very critical point in its struggle

Gulf of Tonkin

Resolution



1964

  • Gave President Johnson the authority to use force in Vietnam

  • Used as a basis for increasing the level of US involvement in Vietnam

American Reform Movements

Reform Movement

Who was involved?

What were they reforming?

Impact of the movement?

Abolitionist Movement•

  • Frederick Douglas

  • Harriet Tubman

  • Sojourner Truth

  • William Lloyd Garrison

Slavery

  • Underground Railroad

  • Movement spreads, but primarily on the North

Temperance Movement

  • Women’s Christian Temperance Movement

  • American Temperance Society

Alcohol consumption

  • 18th Amendment

  • Prohibition

Educational Reform

  • Horace Mann

Public Education

  • Educational system now included grade levels

  • Teacher training

  • Educational opportunities for girls and women expand

Labor Movement

  • Samuel Gompers (AFL)

  • Terence Powderly (KOL)

Workers' Rights

  • Rise of unions

  • Fair wages

  • Better working conditions

  • Child labor laws

Women’s Rights Movement

  • Lucretia Mott

  • Elizabeth Cady Stanton

Universal Suffrage

  • Seneca Falls Convention

  • Declaration of Sentiments

  • 19th Amendment grants universal suffrage

Progressivism

  • Theodore Roosevelt

  • William Howard Taft

  • Woodrow Wilson

Abuse of power by big business and government

  • Ushered in an era of reform movements in business, politics, and society

  • Influence of the Muckrakers

  • Antitrust legislation

  • Breaks up Standard Oil

Civil Rights Movement

  • W.E.B. Du Bois

  • Booker T. Washington

  • Martin Luther King Jr.

  • Malcolm X

Treatment of African Americans

  • End of segregation

  • Brown v. Board of Education

  • Civil Rights Act of 1964 (allows for

  • federal enforcement of existing laws)

  • Voting Rights Act of 1965

Consumer and Environmental Movement

  • Ralph Nader

  • Nader's Raiders

Consumer protection laws

  • Seat belts

  • Airbags

  • Creation of the EPA (1972)

U.S. Foreign Policy



Milestone

Description

Washingtons

Farewell Address

(1796)


  • Washington warned against entangling foreign alliances

  • Proposed isolationism

Monroe Doctrine

  • Warned Europeans against interference in the Western Hemisphere

  • Used to support wars

  • Aimed at Britain and France

  • A self-defense measure against possible European imperialism

Manifest Destiny

  • Belief that the US had a sacred duty to spread freedom and democracy from sea to sea

  • Louisiana Purchase, Mexican War, annexation of Texas, acquisition of the western territories

  • Led to the decimation of Native American tribes

American Imperialism and the Spanish American War

  • Opens ns an era of increased American imperialism with the acquisition of the Philippines, Guam, and Puerto Rico, while controlling Cuba through the Platt Amendment

  • Debated by pro- Imperialists and anti- Imperialists

  • Pro: America needs colonies to compete globally and to establish :overseas bases

  • Against: Empires are a financial burden, problems at home are more important; nonwhite people cannot assimilate; an empire would drag the US into more wars; it is a violation of democratic principles

“Big Stick” Policy

Latin America



  • The US intervened in many Latin American nations

  • Meant that the US should peacefully protect its interests but not shy away from using force when necessary

  • Used to justify controlling the economic activities of the Dominican Republic, Nicaragua, and Haiti between 1905 and 1941

World War I, Wilsons Fourteen Points, and the Treaty of Versailles

  • During WWI America asserts itself as an international power

  • Wilsons ideas about preserving peace included the establishment of a League of Nations to settle international disputes, argued for open treaties, and upheld the notion of self determination

Cold War

(1945-1991)



  • After establishing itself as a superpower the US finds itself opposed to Soviet communism

  • The Truman Doctrine/Containment

  • The Marshall Plan

  • The US and the UN intervene in Korean affairs militarily in an attempt to contain communism by forcing North Koreas forces back across the 38th parallel

  • The US intervened in Vietnam to stop Ho Chi Minh and the spread of communism

Major United States Legislation



Law

Year

Purpose of the Law

Major Provisions

Alien And Sedition Act

1798

  • Meant to strengthen the Federalists

  • Alien Act - more difficult to become a citizen and easier to arrest and deport any noncitizen

  • Sedition Act – easier to arrest a person for criticizing the government

Kansas-

Nebraska Act



1854

  • Overturned the Missouri Compromise

  • Allowed new territories to determine laws regarding slavery based on popular sovereignty

  • Led to Bleeding Kansas

Homestead Act

1862

  • Develop the American West

  • Granted 160 acres to persons over 21 years of age if they lived on that land for 5 years and built a house

The Chinese Exclusion Act

1882

  • Limited the number of Chinese immigrants allowed in the US

  • Chinese immigration was suspended for a period of 60 years

Dawes Act

1887

  • Attempts to "Americanize" the Native Americans

  • Proposed to break up tribes and reservations

  • Assimilated Native Americans would be given deeds to their land and US citizenship

  • Most Native Americans reject the act

Interstate Commerce Act

1887

  • Public pressure to reform

  • railroad policies

  • Established the interstate Commerce Commission

  • Cracked down on railroad abuses

  • Set a precedent for federal regulation of interstate commerce

Sherman Anti –Trust Act

1890

  • Break up big business

Meat Inspection Act

1906

  • Unsanitary conditions exposed by Muckraking journalism

  • Authorized the Secretary of Agriculture to order meat inspections

Pure Food and Drug Act

1906

  • Unsanitary conditions exposed by Muckraking journalism

  • Outlawed interstate transportation of impure or diluted foods and the deliberate mislabeling of foods and drugs

The Emergency Quota and National Origins Acts

1921

1924


  • Based on xenophobia and nativist appeals

  • Restricted immigration from Eastern and Southern Europe

  • Excluded the immigration of Asians

The New Deal

1935

  • The hardships of the Great Depression and the laissez-faire approach by Harding led the nation to call for government action

  • Social security

  • Civilian Conservation Corps

  • Public Works Administration

  • Federal Deposit Insurance Corporation

Civil Rights Act

1964

  • End discrimination of minorities in America

  • Protection of voting rights for all Americans

  • Opening of public facilities for all Americans

  • A commission to protect equal job opportunities for all Americans

Johnsons Great Society

1965

  • End poverty

  • VISTA - office of economic opportunity, domestic peace corps

  • Medicare

  • HUD

  • Head Start

War Powers Act

1973

  • Curtail the power of President

  • The President had to notify Congress within 48 hours of sending troops into a foreign country

  • President had to bring the troops home within 60 days unless both houses voted for them to stay

Americans with Disabilities Act

1990

  • Protect the rights of disabled Americans

  • Prohibited discrimination in employment, public accommodation, transportation, state and local government services, and telecommunications

Wars/Conflicts Involving the United States



War

Causes

Impact on the U.S. and the World

Revolutionary War

  • Salutary neglect

  • Proclamation of 1763

  • Mercantilism

  • Stamp Act

  • Tea Act

  • Intolerable Acts

  • US broke away from the British Empire

  • Established a government based on Enlightenment ideals

  • States entered into a tenuous union as the United States of America

War of 1812

  • British seize American ships bound for France

  • British force Americans to serve on British ships

  • Promoted American neutrality in European affairs

  • Native Americans are left without an ally

  • American manufacturing begins to grow

  • Federalist party was weakened for opposing the war

  • Andrew Jackson and William Henry Harrison become war heroes

Mexican American War

  • Annexation of Texas

  • Border dispute along the border between Texas and Mexico

  • Polk’s desire the expand

  • The US acquires California, Nevada, Utah, Arizona, and parts of New Mexico, Colorado, and Wyoming through the Treaty of Guadalupe Hidalgo

American Civil War

  • States’ rights vs federal powers

  • The Secession Crisis

  • Slavery

  • Election of Abraham Lincoln

  • Union preserved

  • Slavery abolished

  • South was devastated

Spanish American War

  • Protection of American sugar plantations in Cuba

  • Chance to extend American markets abroad

  • Sympathy for the Cuban cause

  • Sinking of the Maine

  • America enters an age of New Imperialism

  • Increased jingoism (aggressive patriotism)

  • America acquires the Philippines, Guam, and Puerto Rico

  • Cuba gains independence

World War I

  • M.A.I.N.

  • Sinking of the Lusitania

  • Zimmerman Telegraph

  • American economy slows

  • Women and minorities lose wartime jobs

  • African Americans still face discriminations

  • America asserts itself as a major world power

  • Passage of 19th Amendment

World War II

  • Rise of fascism

  • Appeasement (Munich Conference)

  • Lend-Lease Act

  • Pearl Harbor

  • US and the USSR enter into the Cold War

  • Europe and Asia destroyed

  • United Nations formed

  • Japanese- Americans interned throughout the war

  • The Baby Boom

Korean War

  • Communist North Korea invades South Korea

  • Demonstrated Americas commitment to containing communism through force if necessary

  • The Red Scare and McCarthyism

  • Increases hostilities between America, the USSR, and China

Vietnam War

  • America attempts to contain Ho Chi Minh after he successfully removed the French from Vietnam

  • Domino Theory

  • Massive protests

  • Watergate

  • War Powers Act of 1973

  • Loss of faith in the US government

Persian Gulf War

1990


  • Debt from Iran/Iraq War

  • Saddam invades Kuwait

  • UN economic sanctions against Iraq

  • Saddam remains in power

  • Retaliation against Kurds in the north

Bosnia and Kosovo

(1990-1999)



  • The US leads NATO forces in the former Yugoslavia in an attempt to end the genocide carried out by Slobodan Milosevic

  • US gains allies in the former Yugoslavia but finds

  • itself opposed to Russian interests in Eastern

  • Europe

War In Iraq

2003-Present



  • Concern over WMD

  • Belief in Iraq/al Qaeda link

  • Over $400,000,000 spent

  • Over 4,100 American deaths

  • Between 100,000-1,000,000 Iraqi deaths

  • Over 2,000,000 Iraqis displaced

War In Afghanistan

2002-Present



  • US goes after al Qaeda training camps

  • and Taliban government

  • Osama Bin Laden captured in May

  • 2011 in Pakistan



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