THE POWERS OF THE STATES A.Reserved Powers: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respective
Trang 1WHAT KIND OF COUNTRY IS
THE UNITED STATES?
"A Republic if you can keep it!" -Benjamin Franklin
I For much of V.S history, there has been debate
as to whether the V nited States is a republic or
a democracy There are many differences; listed
below are the most important
A.Republic: A system where the people elect
representatives who are free to act on their own
based on their personal beliefs, co science or other
factors to do what they feel is right
B Democracy: A system where the representative
is expected to obey the mandate of those who
elected himlher, be it hislher district, state nation
(depending on the office), regardless ofhislher own
personal beliefs
II There is a radical difference between the world
of the founding fathers and the modern world
A Their idea of a republic was based on a centuries
old idea that the people elect the most educated and
wisest from amongst them These representatives
use this wisdom and education on the public behalf
since the people are both less wise and farther
away from the center of power and the details of
government
B As people became better educated and communication
allowed more immediate access to information, their
influence became stronger
C Although the framers of the Constitution believed
in a republic, it has developed into more of a
democracy, as politicians cite the desires of their
constitueQts as the reason for positions
D In modem times, many Congressmen/women have
taken positions contrary to their constituents in
areas about which they have felt strongly Subjects
such as impeachment, gun control, abortion, etc.,
have often led to are-awakening of the spirit of the
"republic."
As declared in the Constitution of the United States:
I FEDERAL POWERS
A Overall powers necessary for national sovereignty
are given to Congress These include, but are not
limited to:
I Inherent Powers: Integral to national
sovereignty
a Conduct foreign policy
b Declare and pursue war
d.Establish and maintain diplomatic relations, etc
2 Delegated Powers: Not inherent, but assigned
to national policy for cohesion and interaction
between the component parts (states)
b.lnter
3 Implied Powers: Based upon the right to "
make all laws which shall be necessary and proper
for carrying into execution (Congress's) powers"
(Article I, Sec 8 - U.S Constitution) that are
"naturally" part of delegated/inherent powers
a McCulloch v Maryland: For example, in this
landmark case, court ruling was, in essence, that,
because coinage is a national power, there must
be some vehicle for its handling, distribution
and maintenance, and thus, a national bank is
implied
4 Powers to Expand the Central Government:
Need for a strong central government is
pre-eminent
a The "national supremacy" clause (Article VI)
makes the Constitution, and all laws deriving
from it, the "supreme law of the land "
b The national government has the power to do all
that is "necessary and proper" in the waging
and conduct ofwar
c The "commerce" clause (Article I, Sec 8)
grants broad powers over economy, personal activities, etc., affecting trade crossing state!
international lines
d Taxation (Article I, Sec 8): Congress has
"Power to lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the Defence [sic} and general Welfare of the United States " (but all these shall be uniform
throughout the U.S.)
II THE POWERS OF THE STATES
A.Reserved Powers: "The powers not delegated to the United States by the Constitution, nor prohibited
by it to the States, are reserved to the States respectively, or to the people." (10th Amendment
[Bill of Rights) to the U.S Constitution) This is the most commonly quoted phrase by those who hold states' rights above federal
B Concurrent Powers
I Not shared powers, but those that are available to both state and federal government
2 EX: taxation, right to charter corporations, ability
to borrow money, etc
C Relations with Other States: "Full faith and credit shall be given in each State to the public acts, records, and judicial proceedings of every other State (Article IV - U.S Constitution)
I Each state is bound to honor the rules of others
2 The article goes on to rule that each state must
grant all "privileges and immunities" of the state
to those from other states and, conversely, cannot grant such to, say, fugitives from another state (who must be returned)
3 Oversight of interstate transactions is vested in
the federal Congress INOTE: Oversi.:ht here means "overseeing," not "omission "j
THE THREE BRANCHES OF GOVERNMENT
I LEGISLATIVE: Makes the laws of the land,
represented by two bodies, the House of Representatives and the Senate (together, these make up Congress)
II EXECUTIVE: Oversees the management of government
III JUDICIARY: Interprets th laws of the land as
stated, or implied, by the Constitution
THE LEGISLATIVE BRANCH - CONGRESS
I THE HOUSE OF REPRESENTATIVES - THE
"LOW ER" HOUSE
A The most irect relationship to a democracy
B Originally had no fixed number of members but allowed each state a number of representatives proportional to its population, elected for a two-year term from districts established within the state
l In 1929, the number of representatives was
fi xed at 435 with each state having at least one representative
2 A 1964 Supreme Court decision mandated states apportion their districts equally to preserve the concept of "one man, one vote" and avoid the possibility of more powerful districts controlling the vote
3 This allows each representati e to represent a relatively small area, with a reiatively cohesive view
C Le dership positions within the House
I Speaker of tbe Ho se
a Elected by the majority pa b.Presides over the House
c Principal leader (over Majority Leader) of party
d Third in line of succession (after Vice
President), in even both President and V,P are simultaneously incapacitated
e Assigns bills to committees
f Important in assigning membership wihin committees
1
2 Majority Leader
a Since the Speaker is, ostensibly, the "speaker" for all members of the House, the Majority Leader works closely with the Speaker in most decisions
3 Majority " Whip"
a As the name implie, responsible for party discipline keeping members "in line" and generally enforcing "proper" party behavior
4 Minority LeaderlMinority "Whip"
a Perfonn the same functions as above for the minority party
D.Powers of the Hou
I Introduces legislation, which ifpassed moves on
to Senate for approval
2 Originates revenue raising measures
3 Sole power of impeachment
4 Approves by 'I, vote any co stitutional amendments prior to state ratification
E Structure of the House
I Because the House of Representatives is so large, almost all early work is done by committees before being brought to the full House for
a vote
2 Standing (Permanent) House Committees Agriculture Ii 1\
Appropriations il [[ \ Armed Services I 11
Education and Labor r[11 Energy and Commerce Jill '11 r \ 11111
Financial Services It [1 Foreign
Homeland Security House Administratio
, h III 'II II III 1I'll 1[llll}
Veterans Aff rs il[[l 1 1 r1 I Ways and Me ns Com hill' I III III 111 1H\U [NOTE: These are the curr e nt H o use Commille e The House can e stablish or disso/ ' e, commill e es and/or subcommittees as c ircumstanc e s warrant.)
3 The major and most p werful of the standing (permanent) House Committees are:
a Rules Committee
I Sets rules for debate
ii Can "kill" a bill by not voting it out of committee
iii Can be overridden by a "discharge petition" signed by a minimum of 2 8 members (absolute majority)
b Ways and Means Committee
i Oversees federal revenue measures
ii Has authority o er b rrowin mo ey (National Debt)
i Oversees Social Security programs
iv Oversees trade and tariff regulations
c Appro riations
i Oversees the "raising of revenue" provision (this committee's most important function)
4 Additionally the House can establish
a Select Committees: f or a lmited purpose, which may last for several Congresses, as needed
b.Joint Committees: Combining members from both House and Senate
c Conference Committees: Join committees
to resolve differences between House and Senate versions of a bill [see How a Bill Be omes a Law]
Trang 2Branch
II THE SENATE - THE "UPPER" HOUSE
A.Has two members from each state, regardless of
population who serve for six years
8 Designed to act as a check on laws representing the
interests of the "few" (district) by having a clear
overview of the "many." the state as a whole
e Leadership Positions in the Senate
I The Vice President of the United States
a Officially "President" of the Senate
b Largely ceremonial role as this is a non-voting
position except:
i In the event of a tie (50/50) the Vice President
casts the deciding vote
ii Paradoxically, the least and most important
Senate position
2 President Pro Tempore ("Pro Tem")
a Almost entirely a ceremonial title
b Usually granted to the senior member of the
majority party
c Presides when the Vice President is
unavailable
dOtherwise, has the same power as any other
Senator
3 Majority Leader
a The true
b.Elected by Senate members ofhislher
c The most visible member of the Senate
d Often meets with and acts in concert with the
Speaker of the House andlor the President
4 Minority Leader & Majority/Minority
"Whips"
a Function in pretty much the same way as their
House counterparts
D Powers of the Senate
I Provides "advice and consent" (i.e.• final
approval) on presidential nominees for virtually
all positions including Supreme Court Justices,
Federal Court Judges Ambassadors Secretaries
of Cabinet posts etc
2 Ratifies all treaties (by 7', vote)
3 Sole power to try impeachments
4 Votes on all bills and legislation sent up from
the House
a More often than not "amends" such bills before
passage, requiring a return to the House, which
either votes for the amended bill or continues to
revise it [see How a Bill Becomes a Law]
5 The Filibuster
a A single Senator wishing to block a vote
on legislation, can hold the floor indefinitely
bringing all other work of the Senate to a halt
i A Y, vote for cloture (a call to close the issue
and vote) by the entire membership of the
Senate is the only way to halt a filibuster,
short of giving the Senator-in-question what
he/she wants
E The Structure of the Senate
I Like the House, the Senate relies on committees
to do most of the preliminary work prior to a vote
on legislation
2 Majority membership on these committees goes
to the majority party
3 The chairman of each committee is, usually, the
senior majority member of that committee
4 Standing (Permanent) Senate Committees
Agriculture, Nutrition and Forestry
I!, null
Appropriations
Armed Services I' III I·
Banking, Housing and Urban
hi ) h,II1"-I1' 1 I ~ll\
Budget hltp ,d~<'1 1 I "
Commerce, Science and Transportation
1m 1Il~' Lllat gn
Foreign Relations hit 1 f II I n Ie 11\
1Health, Education Labor
If and Pensions
Homeland Security and Governmental AtTairs
Judiciary hltll judi I 11 lie
Rules and Administration hit!, luk ell II
Small Business and
http h•.: 11 II ,go Veterans Affairs I II!' ekr 11 11 I ~
[NOTE: These are the current Senate Committees The
there are numerous special committees and/or subcommit
tees of limited duration.]
5 The most powerful standing Senate Committee is probably the Appropriations Committee, which controls the actual dispersal of funds
THE EXECUTIVE BRANCH
I THE PRESIDENT
A.Makes no laws but can issue "executive orders"
which are designed to implement those laws already
on the books, as interpreted by the President
B Serves up to two four-year terms
I Until 1951, with the passage of the 22nd Amendment, there was no legal limit on the number of terms a President could serve, but tradition held it to two, the number of terms George Washington served before retiring
2 Franklin D Roosevelt's unprecedented four wins (1932~1944) prompted Congress to make the two-term "tradition" the law of the land
e The powers of the President, as dictated by the Constitution, are to:
I Serve as Commander-in-Chief of the armed forces
2 Commission officers
3 Convene Congress in special sessions
4 Grant reprieves/pardons - only in federal cases
and barring impeachment
5 Receive ambassadors/representatives of foreign governments
6 Oversee the "faithful execution" of the laws of the land
7 Appoint officials to lesser offices
8 Appoint ambassadors, judges, high officials (all
of which must be approved by the "advice and consent" of Congress)
9 Approve/veto legislation
10 Make treaties (with congressional "advice and consent")
I I Wield "executive power" as defined/implied in the Constitution and by tradition
(NOTE: Until 1973 the President could also unilaterally
nam War Congress passed over President Nixon's veto
the War Powers Act requiring congressional approval
within 60 days of deployment.)
D.Staff and Offices of the PresidentlWhite House
I Chief of Staff
2 Press Secretary
3 Legal Counsel (NOTE: There is a subtle distinction between the legal
White House Counsel) and counsel for the individual
President occupying that office.}
4 Approximately 500 additional staffers, advisers, analysts, etc
5 Nine permanent agencies, with 2,000+ employees, performing specifically defined managerial tasks defined in their titles, under the "institutionalized Presidency":
Office of Management and Budget (OMB)
\ hi! h"lI I .:::."
National Security Council (NSC)
hi! il '11 .:;.'
Council of Economic Advisors (CEA)
hll -h,'ll
\\ hit -\1\11, 1:.,,-,1111 "11<'ll ,:.:;" 11"
Office ofthe United States Trade Representative (USTR) " " ""~,,
Council on Environmental Quality (CEQ)
\ \ \ \\ hit 'h"ll ;,.\ q
Cabinet, hit h,' I ' ' ; ' ' \ ,1,1 consisting of the secretaries of
I Has no constitutional standing and makes no joint decisions
2 The departments represented are:
a Agriculture: Oversees farm economics regulates food industry via research, consumer information and dissemination of modem farming techniques
b Commerce: Promotes business and trade; administers Patent and Census bureaus; promotes sales of U.S products abroad; oversees weights and measures programs weather forecasting, statistical analyses of U.S industries
c Defense: Oversees all branches of the Armed Forces, including the Coast Guard during wartime Coordinates all military activities among all the services The largest, most expensive government agency, with the possible exception of Homeland Security
d Education: Oversees federal education programs and funding It should be noted that most such programs/funding are still under local jurisdiction
e Energy: Oversees research development
energy conservation etc Regulates nuclear power for energy use
f Health and Human Services (originally
Health Education and Welji:m ! (HEW}) created
when Department olEducatioll was formed as a separate Cabinet post Oversees federal health and welfare programs
g Homeland Security: The newest Cabinet-level office (est 2002) oversees and coordinates
all aspects of the ongoing War on Terrorism The Office employs over 170.000 people and consists of four divisions:
1 Border and Transportation Security
ii Emergency Preparedness and Response iii Information Analysis and Infrastructure Protection
iv Science and Technology [NOTE: Each o.lthese jilUr divisions is headed by an
this new department including FEMA Coast Guard
these offices have been eliminated hut many oj'their
to Homeland Security (see Department of Homeland Security»)
h Housing and Urban Development (HUD): Oversees federal programs for housing and urban renewal
i Interior: Development of natural resources public lands and conservation
j Justice (Attorney General): Oversees all federal legal business, with separate divisions covering areas such as: antitrust civil rights immigration etc In charge of:
i U.S Marshal Service
ii all U.S Attorneys iii Federal Bureau of Investigation (FBI)
k Labor: Originally combined with Commerce; oversees federal workplace and employment programs and regulations
I State: The first executive agency created in
1789, to oversee and administer foreign policy
m Transportation: Oversees all federal transpor tation policy and federal aid to transportation:
i Federal Aviation Administration (FAA)
ii Federal Highway Administration iii Urban Mass Transit Administration
n Treasury: Collects and distributes federal revenues Agencies include:
i Internal Revenue Service (IRS)
ii U.S Mint iii Bureau of Engraving and Printing
iv Bureau of Alcohol, Tobacco and Firearm$ (ATF)
o Veterans Affairs: Oversees the Veterans Administration (VA) supervising hospitals pensions education programs insurance etc., for veterans of the military
3 The Vice President and U.S Trade Representatives also serve on the Cabinet
II THE VICE PRESIDENT
A Next in line for the Presidency
in the event the President cannot serve
Trang 3S Originally, the #2 vote getter in the election This
often led to bitter opponents occupying the two
offices and a totally opposite viewpoint empowered
in the event of presidential incapacity Thus,
running as a single unit, thereby insuring that the
winning President and the winning Vice President
C Presides over the Senate but does not vote,
D Performs those duties relegated to himlher by
the President
E Acts as President in event of presidential incapacity
While Hou•• Cabln.t
Agriculture (USDA)
Commerce
Defense (DOD)
Education
Energy (DOE)
www.hhs.gov
Housing and Urban Development (HUD)
Interior (001)
Justice (DOJ)
Labor
State
Transportation (DOT)
Treasury
Veterans Affairs (VA)
I HISTORY AND STRUCTURE OF THE SUPREME COURT
A The only court specified in the Constitution
is left vague
two New Deal cases)
c evertheless, it set the precedent that the number
any party or individual to remain in power
II THE LEADERSHIP OF THE
eq uals" than leader, per se
to assign the writing of opinions
made and how
action during the hearing)
cas e , and in light ofmod e rn tim e
land unless/until the court itself reverses it
IV SOME LANDMARK SUPREME COURT CASES
A Ma r bury v Ma d ison (1803): In itself a minor case
the principle of judicial review, giving the court
law, etc
also established that slaves were not citizens of the U.S
D Munn v Illinois (1877): States were allowed to
F Standard Oil Co o f New Jers ey et al v U s
speech, especially during wartime, when it is
I Dennis et al v U S (1951): The Smith Act (stating
K Roth v Us (1957): Declared obscenity as that
M Ba ke r v Ca r r (1962): State legislatures (and
later congres ional districts) must be proportional
representation
O F urm a n v Geor gi a (1972): All death penalty
exc e pt in th e l ast tr im ester, are unconstitutional
ofa w om a n 's priva cy in decisio ns about her body
R Bo we r s v Hardwic k (1986): States can regulate
co nsentin g adults
S W e b s ter v Rep r odu c tiv e H e alth S e n 'ices (19 8 9) :
a s t he y do no t impose restrictions that WOUld, in
T Harri s V Fo r klili S ys t em s In (1993): Sexual
U Bush, e t al v Gore, e t al (2000): In a landm k 5
Elector a l C o llege m tes, a n d th e P res iden()' olt he
U nit e d States, to George W Bush
V Hamdan v Rumsfeld (2006): Court finds that the
"the power t o pro cee d heca use its structu re s and
s igned in 1949
t he Ju d iciarv Br a ll h h a s bel'li a m ajo r in l lle nce in s hap
THE CONSTITUTION
with the Bill of Rights, i s contain ed in it s ow n Qui ckS t udy guide e nt i tl e d U.S Constitution B e l o w i s some co m men tary t o put it into p e rs pec tiv e ]
the "rul e " und er wh i c h the c o unt lY w ould operat e
was contingent upon th e guarant ee d additi o n o f
th Bill of Ri g hts
1788
HOW A BILL BECOMES A LAW
I Introduction by Senator or Representative, where
it is assigned a code number (e.g., HR 12345) that identifies it for all time After which, it is
II Assigned to a committee· that determines ifthe bill
is worthy of consideration If so, it is
proposal; may hold hearings on it, may amend it, and then it is
A Accept the bill as presented
C Make amendments, etc
D.After this "markup," the final version of the bill is written, and the committee turns to
V The House Rules Committee, which sets a timefuune for debate on the bill, and determines the extent of amendments from the floor that will be allowed via
a "closed rule" (severely limits amendments) or an
"open rule" (a\1ows for proposals from the floor)
IN TE: The Senate, which does not have a Rules Committee allows open-ended debate and amendment procedure ] After
this, the committee reports the bill out and it is set on the
established by the majority leaders in consultation with the minority leaders The scheduled bill now goes before the House (or Senate) for
designates During debate (subject to ''filibuster , ''
" open or closed rule " etc.), amendments are
offered, accepted, or rejected The bill if passed,
is then
VIII Sent to the other legislative body (i.e., House or Senate) where debate continues If as is almost
Trang 4•
al ways the c ase, t h is s econ d bo d y a lt ers the
bill in a y su bst a ntial way, it is r e turn e d to
t h e issu i n g b o dy If the changes cannot be
vot e in e a c h chamb e r (i.e., House and Senate)
C In rare instances, the President may refuse or
(i.e., the President "p uts it in his po c ke t" and
v iewe d as "ges tures " by Committee • Committee •
a pa rt i cul ar membe r;
Subcommittee Subcommltt .
o thers a re viewe
too con trov ersia l or Committee hearing,
h av e o the r " p rob markup markup
r eadilv •
c erni bl e to a ';'a jo ri ty • 1
t hat are d i sRules Committee
o f the c ommittee/su b
Conference Committee
comminee Th ese b ill s
are not acted upan , but ~Adoption by The President ~Both Houses~
i nstead , are all owe d t o V.to~
"d ie i n c omm it tee ' 1
Hou se & Se• te Floor Approve Veto o~errid
Law
I BRIEF HISTORY OF PARTY POLITICS
A A political party is an organized group ofpeople
with similar views on the nature of government
and the methods by which government should
C When the Federalists were perceived as
overstepping their boundaries and imposing too
harsh a federal/elite power over the people, the
Democratic-Republican Party was formed
new party
2 This marked the start ofthe two-party system,
and, until the 1824 election, the United States
was virtually a one-party system
plurality, but, due to numerous candidates,
not a majority The House of Representatives
of "big government" to take charge of
the vote, formed the Whig Party (named
after the British party that represented the
"people," as opposed to the upper classes) in
President , WiUiam Henry Harrison, died
within a month of his inauguration (1841),
and his V.P and successor , John Tyler, was
historically inconsequential ]
E The Whigs became a major, if never dominant,
that were being formed at the time over a
Party, which soon displaced the Whigs in
election of Republican Abraham Lincoln to
the dominant parties, but there are still party
from Republican William Howard Taft to assure the victory of Democrat Woodrow
He "campaigned" while in prison for his
3 In 1924, Progressive Party candidate Robert
M La Follette secured 17% of the vote by running on a platform of state ownership of
parties running for office, their effect, at least for the next 50 years or so, would be minimal due to the Great DepressIon (and later, World War
brought many small factions together under the Democratic banner Franklin Delano Roosevelt promised and initiated the New Deal programs that overcame differences of
overriding need for jobs and survival
growth , business , and the conservative running of government
minorities , human righL~, civil rightslliberties ,
and the liberal running of government
to this two-party system
John B Anderson as an Independent
than as a representative of a party or platform
billionaire Ross Perot got 19% of the vote in a
both the Republicans and the Democrats
presidential electoral votes, it did become a national presence and succeeded in getting several of its members elected to other positions, most notably, Jesse Ventura as
L By the year 2000, dissatisfaction with the two-party system brought about numerous
"third"-party challenges
among the most prominent
2 The Libertarian Party, the Constitution Party, and others have candidates for
3 Although none of these gained more than 5%
of the vote (the standard for federal funding),
party's goals for the future, its philosophyl reason for being
designed for immediate implementation, but
a general belief statement of how the party
C Candidates who run under the party banner are expected to subscribe to the majority ofplatform points and the overall philosophy ofthe party
in a platform, nor even subscribe to every
I They meet and present their points of view
3 Last, they vote on which points are added to, subtracted from, or omitted completely from
free to vote against the platform, or will, of the S party that supported himlher in the election
organization and financing that only a strong
undercutting th e id e als ofboth a r e public and a o the democrac v
" omission ")
elares
2 State Committee
3 Congressional District Committee
4 County Committee
tional
5 City Committee
6 Ward Committee
7 Precinct Committee
IV THE ELECTORAL COLLEGE
stock
B Reasoned Discourse
mandated
C Framers of the Constitution
BUREAUS, AGENCIES
agencies may change with each new presidential administration, the professional staffs that administer
exist, their titles summing up their purpose:
Trang 5Bureaus, Agencies & Organizations (continued)
j .,;;.,'
Z
Central Intelligence Agency (CIA) ~ , I
ranking government o fficials.]
Commodity Futures Trading Commission (CFTC)
a<.: ""
J "',
Environmental Protection Agency (EPA) \\, '1 '"",)'.
o
~ Federal Bureau of Investigation (FBI) Department of Justice (001) " tb -I " " under
the D01.]
Federal Citizen Information Center (FCIC)
I'll ,ti,l ' ,
Fede
Federal Home Loan Mortgage Corporation (Freddie Mac)
-placed under conservatorship of the Fedcral Housing
Finance Agency (FHFA) effective Sept 7.2008
11 1,11'111,1 ,'111
Federal National Mortgage Association (Fannie Mae)
-placed under conservatorship of the Federal Housing
Finance Agency (FHFA) effective Sept 7, 2008
tl!.1 1111,\
Federal Maritime Commission (FMC)
Financial Industry Regulatory Authoriry (F1NRA
[NOTE:formerly, National A s sociation ofSe c urities
Dealers (N A SD) ]
mentofHealth and Human Services " hl.l ",
National Aeronautics and Space Administration
(NASA) 1I:1S;1 ' "
National Credit Union Administration (NCUA)
Department of Health and Human Services
ft -under Department of Commerce _ _"I I "" c
Yo National Institutes of Health (NIH) - under Department
O of Health and Human Services , \I IIIIt e,2 '
Nuclear Regulatory Commission (NRC) \I, w.nrc \,:0\
Postal Regulatory Commission \I 1"
.c;."
Social Security Administration (SSA)
p i Ii lIl"Il "11\
Department of Transportation , , , rh ,j"r ,.,.,
United States Commission on Civil Rights (USCCR)
tl ! 't'
POST-9/11 GOVERNMENT
A.September 11, 2001 (9/11) and subsequent
War on Terrorism have brought about many
changes in our governmental structure
Appropriate Tools Required to Intercept and
Obstruct Terrorism
B.1t was passed into law on October 26, 200 I;
Public Law No: 107-56
C Historical Overview
1 9/11 terrorist attack on the United States,
which resulted in approximately 3,000 deaths,
prompted public outcry for meaningful
legislation to prevent further similar acts
2 9/11 is co sidered to be the first s i gn ifi c ant
attack on u s s oil by a for e ign en tity s ince
th War of 1 8 12
Representatives passed H.R 2975 (10/ 12/0 I)
the U S A PATRIOT Act
4 H.R 3162 sponsored by Representative F
October 23,2001 and passed on October 26,
2001 (a r cord ti m e ofjust four daYS)
Ill PASSING THE ACT
A.H.R 3162 went through all the steps necessary for passage into law, but due to its extraordinary
IV WHAT IS IN THE USA PATRIOT ACT?
A The full act is over 160 pages Below is a
U.S law after 9/111 I
Terrorism
I Requires greater coordination/cooperation
General) and military (DOD) in the present environment
2 Authorizes development ofa national network
of electronic crimes task forces
4 Allows for secret judicial review of classified information or any matters that affect national security
I Broadens authority to wiretap and use other
other protected materials
investigation and disclosure of previously
4 Expands the scope of subpoenas for records
5 Permits delay of notification of any of the above actions or others, if that notification will hinder investigation
6 Expands the number of district court judges
8 Provides penalties for unauthorized release
of information
O Title III - International Money Laundering, Abatement and Anti-Terrorist Financing
I Subtitle A: Int e rnational Counter M o nev Laun de ring a n d Related Measur es
and R e lat e d Improvem e nts
3 Subtitle C: C urr e n cy Crimes
la s involving the use/misuse of funds for both criminal and especially terrorist-related
activities
I Subtitle A: Protecting the North e rn Bord e r
a Authorizes expansion of manpower and surveillance/investi ation techniques
bAllows interdiction of potential threats to the U.S entering from Canada
2 Subtitle B: Enhan ce d Immi g ration Prov is ion s
a Broadens the scope of acts which can lead to
either a denial of U.S entry or deportation
punishments available to law enforcement and other agencies for "terrorist" activities
c Redefines certain formerly "criminal" acts!
activities as potentially "terrorist."
dPlaces c rtain agencies such as INS, under
"terrorist" actions, to maintain maximum flexibility
B e n e fit s for Victims of Terr ori s m
9/11/01 whose life, lifestyle or status may have been altered by the events of that day
b Establishes guidelines for investigation of
c Prohibits any benefits to terrorists or their families
F Title V - Removing Obstacles to Investigating
Terrorism
I Authorizes substantial monetary rewards for information on suspected terrorist activities
meriting DNA identification and analysis
3 Authorizes consultation/interchange of infor mation between investigative agencies regard ing electronic surveillance materials collected
4 Allows FBI to request personal records of individuals/organizations under criminal investigation if there is a perceived or alleged terrorist component
grants FBI authority over areas of fraud
and computer-rel ed activities that mig t fall under areas previously exclusive to the Secret Service
6 Allows for release of education records to the Attorney General in cases of alleged terrorism
I Subtitle A: Aid to Famili es of Puhlic Saf e I'
2 Subtitle B: A me ndments to th e V i c tims of Crime Act of 1984
their families in the above groups who are
affected by terrorist acts as opposed to purely criminal acts covered previously
Critical Infrastructure Protection
I An amendment to the Omnib u s C r i m e C ontrol and Safe Str ee ts Act of 1968
to law enforcement agencies for greater
terrorist acts/suspected acts
Against Terrorism
terrorismlsuspected terrorism and the reach
facilities businesses etc may be affeted
2 Grants the Attorney General much greater
authority over terrorist offenses both within and outside of U.S boundaries
3 Removes the statute oflimitations on offenses that either result in or may have resulted in (even if such did not occur) death or serious bodily injury to another person
4 Expands maximum penalties for terrorist offenses
5 Makes attempts or conspiracies to attempt
terrorism equal in penalty to succesful acts
of terrorism
6 Expands the authority of the RICO (Racketeer
to include terrorist activity
7 Revises and strengthens penalties against computer fraud as it applies to terrorism and provides additional funding to agencies investigating same
8 Prescribes new/strengthened penalties for possession and/or delivery systems of c rtain toxins and biological agents especially, but not exclusively, among restricted persons
I Amends and expands the Nati o nal Sec urit y Act of 1947 and the For e i g n Int e lli gence Ac t
of 1978 to direct the DCI (Director of Central Intelligence) to share information with the Attorney General; includes international terrorism within the scope of the act
a The Civil War involved Americans vs NOT E TO STUD EN T: Thi s guide is intende d for i n f ormati o nal purp o ses onl y Due to it s conden se fo r ma t, it cannot po ss ibly c ove r every a spect of
th e subje t Th e fo rmation contai n d in thi s gu ide i s pr esen ted a s a qui ck -r efere nc e ov erview of t he U.S Government and i s no t intended (0 i nfl ue n ce
Americans
r eade rs' beli efs or opi nion s BarC h rts , Inc., it s writer s, e dito rs and desi gners are not r esponsib l e or li a l e for t he u s e o r misuse o f t he infonnrttion
bThe Japanese attack on Pearl Harbor (WWII) contained in this guide Furthermore, the i nf o rmation c t a in e d in this guide in n o way e pr e sse s th e po liti ca l v iews Or opin i o s 0/ B a rCh arts, I n c or
occurred before Hawaii was a state an y of it stajJ: AU information contained in this guide is up-to-date as of its writing
S
Trang 62 Allows the Attorney General and other agencies
investigation
installations
ramifications
materials under scrutiny of Secretary of Transpor
tation and Attorney General, who will do back
ground checks on applicants (if state requests it)
"Systems and ass e ts whether physical or virtual
those matters
"rare brief geog raphically limited in effect,
u.s national security
including corporate and non-governmental
'I11III dMandates a "comprehensive and effec tive program
o~ _m itig_a_t_io_. ~~~ ,
DEPARTMENT OF HOMELAND SECURITY
~
I WHAT IS THE
A A Cabinet-level office designed to coordinate many
aspects of national security under one department,
assuring interchange of ideas and information
have warned of the attack on 9/11
C Revised Bill H.R 5005 introduced by Representative
Customer Hotline # 1.800.230.9522
U.S $5.95
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~ All r igh ts r ese rved No part of thi s pub li ca tion ma y be r e pro duced or
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photocopy, r ec ordin g r a ny in for mation s torage and retrieval sy ste m, without
written perJrli s sion fr o m the pub li she r C 2002-2008 BarCharts Inc 1208
I Border
Preparedness
3 Science & Technology
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II COMPONENTS OF THE DEPARTMENT OF
HOMELAND SECURITY
Priv acy
11 'I
O ffice for Civil Rights and Ci vil Liberties
hi I tl\ 11 II
O ffice of I nspe ctor Gene ral j;'
Office of Citizen ship and Imm igration Services Ombudsman
II ' I h I II II I 11-1
Office of Leg islat iv e AtT airs
Offic e of the General Coun sel
db '(\ I I I 1
O ffice of Public AtTairs·
Offic e of Count emarco tic s Enforcement·
Offic e of the E xecu ti ve Secretariat·
Mili ta ry Advi s o r's Offic e·
•
, , ,
Office of H ealth AtTairs
Offic e oflntelligence an d Analysis
~ "
Federal Law Enforcement Training Center Dom estic Nuclear Detection O ffi ce
Il,;.' tit I t l I I (I
T ransportation Security Administration (TSA)
\ ,
U nite d States Cu st oms and Border Protection (C BP ) Uni ted States Cit izens hip and Immi gration Services
I I P I I II L II
Un ited States Immigration and Customs Enforc ement
(ICE) I
Unit ed States Coast Guard (USCG) l I ' I iii
Fed era l Emergenc y Management Agency (FEMA)
1111 \1
1.>'
T ask Forc e on N
ECONOMIC GLOBAliZATION
the economy/financial markets
these issues is beyond the scope of this guide so only
the issues that have resulted in notable changes to u.s
Homeland Security reflect drastic measures taken to meet unprecedented national needs regarding terrorism
measures taken to attempt to prevent what has been
III WHAT IS THE GOVERNMENT FINANCIAL
A.The largest of its kind in U.S history, this 5700
following:
authority to buy a wide range of troubled
but also limits executive pay
from the financial industry after five years
valuation in 2(07)
3 9/15/08: Dow Jones industrial average drops more
crisis mount; it is the worst one-day loss since
institutions
transaction; the Federal Deposit Insurance
(amendment to H.R 3997) brought to Congress
~ (228 to 205); on the same day the Dow
I A "sweetened" plan was brought back for debate
in Congress (amendment to H.R 1424):
from $100,000 to 5250,000 (through D ecember
b.Gives 5150 billion in tax breaks to individuals and companies
provide equal insurance coverage for mental
8