American Government Unit 1

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American GovernmentUnit 1

• Chapter 1 Principles of Government
• Chapter 3 The Constitution
• Chapter 4 Federalism

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Characteristics of the State

• The State (four characteristics)
• Government consists of the machinery and
  personnel by which the state is ruled.
• Sovereignty supreme power within the state and
  territory
• Population a state consists of people.
• Territory a state must have land.

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Origins of the State (four)

• The Force Theory
• A person or group forced control over an area and
  people.
• The Evolutionary Theory
• States originated in the family.
• The Divine Right Theory
• God gave individuals or groups the right to rule.
• The Social Contract Theory
• People agreed to give up power to the state in
  return for the states service to the general
  well-being of the people.

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The Purpose of Government (six)

• To Form a More Perfect Union
• in union there is strength.
• To Establish Justice
• the law should be administered reasonably,
  fairly, and impartially.
• To Insure Domestic Tranquility
• without order, people would live in anarchy.

• Provide for the Common Defense
• the states security rests on wise defense and
  foreign policies.
• To Promote the General Welfare
• the state has a responsibility to provide a
  variety of public services.
• To Secure the Blessings of Liberty
• freedom is necessary for a democracy.

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Geographic Distribution of Power

• Unitary Government
• Power is held in a single, central agency.
• Federal Government
• Powers are divided between a central government
  and several local governments.
• Confederate Government
• The central government has limited power with the
  most important authority reserved for member
  states.

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Relationship Between Legislature and Executive
Branches

• Presidential Government
• Executive and legislative branches are
  independent and coequal.
• Parliamentary Government
• Members of the executive branch are also members
  of the legislative branch (the parliament).

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The Number Who Can Participate

• Dictatorship
• Participation in government is limited to the
  individual or group who rules.
• Democracy
• the people hold the power and give consent to the
  government to rule.

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The Foundations of Democracy

• The fate of American democracy rests on the
  peoples acceptance of certain basic concepts.
• The acceptance of the basic concepts of democracy
  presents Americans with problems and challenges.

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The Foundations of Democracy

• Fundamental Worth of the Individual
• Democracy insists on the worth and dignity of
  all.
• Sometimes the welfare of one person must be
  subordinated to the interests of the many.

• Equality of All Persons
• Democracy insists on equality of opportunity.
• Democracy insists on equality before the law.

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The Foundations of Democracy

• Majority Rule and Minority Rights
• Democracy argues that the majority will be right
  more often than wrong.
• Democracy searches for satisfactory solutions to
  public problems.
• The majority must recognize the right of the
  minority to become the majority.

• Necessity for Compromise
• Compromise allows citizens to make public
  decisions.
• Compromise is not an end in itself rather a
  means to reach a public goal.

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The Foundations of Democracy

• Individual Freedom
• Freedom cannot be absolute, or anarchy will
  result.
• American democracy strives to strike a balance
  between liberty and authority.

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Origins of American Government
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English colonist brought three main concepts

• The need for an ordered social system, or
  government.
• The idea of limited government, that is, that
  government should not be all-powerful.
• The concept of representative governmenta
  government that serves the will of the people.

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The way our government works today can be
traced to important documents in history
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There were three types of colonies in North
America royal, proprietary, and charter.

• The royal colonies were ruled directly by the
  English monarchy.
• The King granted land to people in North America,
  who then formed proprietary colonies.
• The charter colonies were mostly self-governed,
  and their charters were granted to the colonists.

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British Colonial Policies

• Until the mid-1700s, the colonies were allowed a
  great deal of freedom in their governments by the
  English monarchy.
• In 1760, King George III imposed new taxes and
  laws on the colonists.
• The colonists started a confederation, proposed
  an annual congress, and began to rebel.

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Growing Colonial Unity

• Early Attempts
• In 1643, several New England settlements formed
  the New England Confederation.
• A confederation is a joining of several groups
  for a common purpose.

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Growing Colonial Unity

• The Albany Plan
• In 1754, Benjamin Franklin proposed the Albany
  Plan of Union, in which an annual congress of
  delegates (representatives) from each of the 13
  colonies would be formed.

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Growing Colonial Unity

• The Stamp Act Congress
• In 1765, a group of colonies sent delegates to
  the Stamp Act Congress in New York.
• These delegates prepared the Declaration of
  Rights and Grievances against British policies
  and sent it to the king.

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The Continental Congresses

• First Continental Congress
• The colonists sent a Declaration of Rights to
  King George III.
• The delegates urged each of the colonies to
  refuse all trade with England until British tax
  and trade regulations were repealed, or recalled.

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The Continental Congresses

• Second Continental Congress
• In 1775, each of the 13 colonies sent
  representatives to this gathering in
  Philadelphia.
• The Second Continental Congress served as the
  first government of the United States from 1776
  to 1781.

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American Independence

• On July 4, 1776, the Second Continental Congress
  adopted the Declaration of Independence.
• Between 1776 and 1777, most of the States adopted
  constitutions instead of charters.

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The principle of popular sovereignty was the
basis for every new State constitution. That
principle says that government can exist and
function only with the consent of the governed.
The people hold power and the people are
sovereign.
The concept of limited government was a major
feature of each State constitution. The powers
delegated to government were granted reluctantly
and hedged with many restrictions.
In every State it was made clear that the
sovereign people held certain rights that the
government must respect at all times. Seven of
the new constitutions contained a bill of rights,
setting out the unalienable rights held by the
people.
The powers granted to the new State governments
were purposely divided among three branches
executive, legislative, and judicial. Each branch
was given powers with which to check (restrain
the actions of) the other branches of the
government.
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Articles of Confederation

• Approved November 15, 1777
• Est. a firm league of friendship between the
  states
• Needed the ratification of the 13 states
• March 1, 1781 Second Continental Congress
  declared the Articles effective

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Articles of Confederation

• Powers of Congress
• Make war and peace
• Send and receive ambassadors
• Make treaties
• Borrow money
• Set up a money system
• Est. post offices

• Build a navy
• Raise an army by asking the states for troops
• Fix uniform standards of weights and measures
• Settle disputes amoung the states

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Articles of Confederation

• States Obligations
• Pledge to obey the Articles and Acts of the
  Congress
• Provide the funds and troops requested by the
  congress
• Treat citizens of other states fairly and equally
  
• Give full faith and credit to public acts,
  records, and judicial proceedings

• Submit disputes to congress for settlement
• Allow open travel and trade b/w and among states
• Primarily responsible for protecting life and
  property
• Accountable for promoting the general welfare of
  the people

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Weaknesses of the Articles
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Critical Period, the 1780s

• Revolutionary War ended on October 19, 1781
• Signed the Treaty of Paris
• With Peace comes hardships
• Economic problems
• Political problems
• Problems a result of the weaknesses of AofC

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Critical Period, the 1780s

• Problems included
• Central government who could not act
• States entering into treaties
• States taxing on goods and banning trade
• Debts, public and private were unpaid
• Shays Rebellion
• Farmers were losing their land
• Shut down courts
• Led and attack on Federal arsenal
• Mass. State legislature eases the burden of
  debtors

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NEED for a Strong Central Government

• Two states meet to discuss Trade issues
• Maryland and Virginia
• Meet at Mount Vernon
• The meeting was so successful that the Virginia
  General Assembly requested a meeting of all
  thirteen States, which eventually became the
  Constitutional Convention in Philadelphia.

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A meeting in Philadelphia

• Mid-February of 1787
• Seven states name delegates
• Delaware, Georgia, New Hampshire, New Jersey,
  North Carolina, Pennsylvania, and Virginia
• A meeting Constitutional Convention

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Framers of the Convention
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Leaders of the Philadelphia Convention

• James Madison was the co-author of the Articles
  of Confederation.
• Gouverneur Morris was a lawyer who helped develop
  the U.S. system of money.
• Alexander Hamilton was a lawyer who favored a
  strong central government.
• George Washington was the successful leader of
  the Continental Army.

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Some famous leaders who were NOT at the
Philadelphia Convention

• Patrick Henry said he smelt a rat and refused
  to attend.
• Samuel Adams and John Hancock were not selected
  as delegates by their states.
• Thomas Jefferson and Thomas Paine were in Paris.
• John Adams was on diplomatic missions to England
  and Holland.

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Organization and Procedures

• Meet summer of 1787 in Philadelphia
• Elected George Washington as president of the
  convention
• Majority of States needed to conduct business
• One vote per State on all matters
• Majority of votes needed to pass proposals
• Worked in Secrecy

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Father of the Constitution

• James Madison
• Kept detail records of the convention
• Conventions Floor leader
• Contributed more to the constitution than any
  other
• Full body settled all questions

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The Virginia Plan Called for a NEW Government

• Three Separate branches of government
• Legislature, Executive, and Judicial
• Bicameral legislature
• Based on population or money given to support the
  central government
• Members of House of Reps based on population
• Senate chosen by House from a list from the
  State Legislature
• Congress would be given powers it had under the A
  of C
• Veto any State law that conflicted with National
  Law

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The Virginia Plan Called for a NEW Government

• National Executive and National Judiciary
• Council of Revision
• Veto acts passed by Congress (but can be
  overridden by Congress)
• State officers should take an Oath to a Union
• Admit new States to the Union

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The New Jersey Plan

• Unicameral Congress of the Confederation
• Each state equally represented
• Add closely limited powers
• Tax and regulate trade
• Federal Executive
• More than one person
• Chosen by Congress/could be removed with maj.
  Vote
• Federal Judiciary
• Single supreme Tribunal
• Selected by Executive

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Differences between the plans

• How should the states be represented in Congress?
• Based on population?
• Financial contribution?
• State equality?
• 4 weeks they deliberated
• Heated debate
• Lines drawn in the sand

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The Compromises

• Connecticut Compromise
• Two houses
• Senate equal representation
• House proportional representation
• Combination of Virginia and New Jersey plans
• AKA The Great Compromise

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The Compromises

• Three-Fifths Compromise
• Should Slaves be counted?
• Split North v South
• All free persons will be counted 3/5 of all
  other persons
• Southerners could count slaves but had to pay
  taxes on them

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The Compromises

• The Commerce and Slave Trade Compromises
• Congress power to regulate foreign and
  interstate trade
• Scared southerners
• Congress forbidden the power to tax the export
  of goods from any state
• Could not act on the slave trade for 20 years

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Influences on the New Constitution

• The Framers were familiar with the political
  writings of their time
• Jean Jacques Rousseau (Social Contract Theory)
• John Locke (Two Treaties of Government).
• They also were seasoned by
• The Second Continental Congress,
• The Articles of Confederation and
• Experiences with their own State governments.

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Reactions tothe New Constitution

• When the Constitution was complete, the Framers
  opinions of their work varied. Some were
  disappointed, like George Mason of Virginia, who
  opposed the Constitution until his death in 1792.
  
• Most agreed with Ben Franklins thoughts when he
  said,
• From such an assembly of fallible men can a
  perfect production be expected? Itastonishes me,
  Sir, to find this system approaching so near to
  perfection as it does

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Ratifying the Constitution

• Federalists
• Articles of Confederation were weak
• argued for the ratification of the Constitution.
• James Madison
• Alexander Hamilton

• Anti-Federalists
• objected to the Constitution for including the
  strong central government
• the lack of a bill of rights.
• Patrick Henry, John Hancock, Samuel Adams

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The Constitution is Ratified

• Nine States ratified the Constitution by June 21,
  1788, but the new government needed the
  ratification of the large States of New York and
  Virginia.
• Great debates were held in both States, with
  Virginia ratifying the Constitution June 25,
  1788.
• New Yorks ratification was hard fought.
  Supporters of the Constitution published a series
  of essays known as The Federalist.

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Inaugurating the Government

• The new Congress met for the first time on March
  4, 1789.
• Congress finally attained a quorum (majority) on
  April 6 and counted the electoral votes. Congress
  found that George Washington had been unanimously
  elected President. He was inaugurated on April
  30.

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6 Basic Principles of the Constitution

• 1.) Popular Sovereignty
• Government can govern only with the consent of
  the governed.
• Sovereign people created the Constitution and the
  government.

• 2.) Limited Government
• Government may do only those things that the
  people have given it the power to do.
• The government and its officers are always
  subject to the law.

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6 Basic Principles of the Constitution

• 3.) Separation of Powers
• The Constitution distributes the powers of the
  National
• Government among Congress (Legislative Branch),
  the President (Executive Branch), and the courts
  (Judicial Branch).
• The Framers of the Constitution created a
  separation of powers in order to limit the powers
  of the government and to prevent tyranny
• Too much power in the hands of one person or a
  few people.

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6 Basic Principles of the Constitution

• 4.) Checks and Balances
• Each Branch of government was subject to a number
  of constitutional restraints by the other
  branches.
• Although there have been instances of spectacular
  clashes between branches, usually the branches of
  government restrain themselves as they attempt to
  achieve their goals.
• Stops an unjust concentration of power

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6 Basic Principles of the Constitution

• 5.) Judicial Review
• Through the landmark case Marbury v. Madison
  (1803), the judicial branch possesses the power
  to determine the constitutionality of an action
  of the government.
• In most cases the judiciary has supported the
  constitutionality of government acts.
• but over 130 cases the courts have found
  congressional act to be unconstitutional.
• they have voided thousands of acts of State and
  local governments.

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6 Basic Principles of the Constitution

• 6.) Federalism
• Federalism is the division of political power
  among a central government and several regional
  governments.
• United States federalism originated in American
  rebellion against the edicts of a distant central
  government in England.
• Federalism is a compromise between a strict
  central government and a loose confederation,
  such as that provided for in the Articles of
  Confederation.

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Formal Amendment Process

• First Method
• Amendment is proposed by Congress by a two-thirds
  vote in both houses, then ratified by
  three-fourths of the State legislatures.
• Second Method
• Amendment is proposed by Congress by a two-thirds
  vote in both houses, then ratified by special
  conventions in three-fourths of the States.

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Formal Amendment Process

• Third Method
• Amendment is proposed at a national convention
  when requested by two-thirds of the State
  legislatures, then ratified by three-fourths of
  the State legislatures.
• Fourth Method
• Amendment is proposed at a national convention
  called by Congress when requested by two-thirds
  of the State Legislatures, then ratified by
  special convention held in three-fourths of the
  States.

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The 27 Amendments

• The Bill of Rights
• The first 10 Amendments are called the Bill of
  Rights
• because they set out the great constitutional
  guarantees of freedoms for the American people.

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Bill of Rights

• Amendment I
• Congress shall make no law respecting an
• establishment of religion,
• or prohibiting the free exercise thereof
• or abridging the freedom of speech,
• or of the press
• or the right of the people peaceably to assemble,
  
• and to petition the government for a redress of
  grievances.
• Amendment II
• A well regulated militia, being necessary to the
  security of a free state, the right of the people
  to keep and bear arms, shall not be infringed.

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Bill of Rights

• Amendment III
• No soldier shall, in time of peace be quartered
  in any house, without the consent of the owner
• Amendment IV
• The right of the people to be secure in their
  persons, houses, papers, and effects, against
  unreasonable searches and seizures, shall not be
  violated,
• and no warrants shall issue, but upon probable
  cause, supported by oath or affirmation,
• and particularly describing the place to be
  searched, and the persons or things to be seized.
  

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Bill of Rights

• Amendment V
• No person shall be held to answer for a capital,
  or otherwise infamous crime, unless on a
  presentment or indictment of a grand jury
• nor shall any person be subject for the same
  offense to be twice put in jeopardy of life or
  limb
• nor shall be compelled in any criminal case to be
  a witness against himself,
• nor be deprived of life, liberty, or property,
  without due process of law
• nor shall private property be taken for public
  use, without just compensation.

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Bill of Rights

• Amendment VI
• In all criminal prosecutions, the accused shall
  enjoy the right to a speedy and public trial,
• by an impartial jury of the state and district
  wherein the crime shall have been committed,
  which district shall have been previously
  ascertained by law,
• and to be informed of the nature and cause of the
  accusation
• to be confronted with the witnesses against him
• to have compulsory process for obtaining
  witnesses in his favor,
• and to have the assistance of counsel for his
  defense.

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Bill of Rights

• Amendment VII
• In suits at common law, where the value in
  controversy shall exceed twenty dollars, the
  right of trial by jury shall be preserved,
• and no fact tried by a jury, shall be otherwise
  reexamined in any court of the United States,
  than according to the rules of the common law.
• Amendment VIII
• Excessive bail shall not be required,
• nor excessive fines imposed,
• nor cruel and unusual punishments inflicted.

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Bill of Rights

• Amendment IX
• The enumeration in the Constitution, of certain
  rights, shall not be construed to deny or
  disparage others retained by the people.
• Amendment X
• 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.

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The 27 Amendments

• The Civil War Amendments (13th, 14th, and 15th)
  combined to end slavery
• defined American citizenship
• proclaimed the rights of due process and equal
  protection of the law
• outlawed restrictions on the right to vote based
  on race, color, or previous condition of
  servitude.
• Other amendments further define the workings of
  government, empower the government in certain
  ways, or deal with important social issues

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Informal Amendment Process

• Basic Legislation
• Congress can pass laws that spell out some of the
  Constitutions brief provisions.
• Congress can pass laws defining and interpreting
  the meaning of constitutional provisions

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Informal Amendment Process

• Executive Action
• Presidents have used their powers to delineate
  unclear constitutional provisions, for example,
  making a difference between Congresss power to
  declare war and the Presidents power to wage
  war.
• Presidents have extended their authority over
  foreign policy by making informal executive
  agreements with representatives of foreign
  governments, avoiding the constitutional
  requirement for the Senate to approve formal
  treaties.

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Informal Amendment Process

• Court Decisions
• The nations courts interpret and apply the
  Constitution as they see fit, as in Marbury v.
  Madison.
• The Supreme Court has been called a
  constitutional convention in continuous session.

• Party Practices
• Political parties have been a major source of
  informal amendment.
• Political parties have shaped government and its
  processes by
• holding political conventions
• organizing Congress along party lines
• injecting party politics in the process of
  presidential appointments

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Informal Amendment Process

• Custom
• Each branch of government has developed
  traditions that fall outside the provisions of
  the Constitution.
• An example is the executive advisory body known
  as the Presidents cabinet.

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Chapter 4 Federalism

• Objectives-
• -identify the powers delegated to the National
  Government and reserved to the States.
• - identify the powers denied to the National
  government and the States.

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Federalism and the Division of Power

• Federalism
• Is a system of government in which a written
  constitution divides the powers of government on
  a territorial basis.
• Between a central (national) government and
  several regional governments.
• The Constitution provides for a division of
  powers between the National Government and the
  States.
• The division of powers is defined in the 10th
  Amendment.
• Federalisms major strength is that it allows
  local action in matters of local concern and
  national action in matters of wider concern.

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Delegated Powers

• The National Government is a government of
  delegated powers.
• The National Government only has the powers
  granted to it in the Constitution.
• Three Types of delegated powers-
• Expressed Powers
• Implied Powers
• Inherent Powers

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Delegated Powers

• Expressed Powers-
• Those delegated powers that are spelled out
  directly in the Constitution.
• Found in Article I, Section 8.
• Implied Powers-
• Those powers that are not expressly stated in the
  Constitution but are reasonably implied by those
  powers that are.
• Necessary and Proper Clause (Elastic Clause) has
  been stretched to cover many things.
• Inherent Powers-
• Those powers that belong to the National
  Government because it is the national government
  of a sovereign state in the world community.
• Power to regulate immigration, acquire territory,
  and protect the nation against rebellion and
  internal separation.

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Powers of the States

• Reserved powers-
• The powers held by the States in the federal
  system.
• They are those powers not given to the National
  Government and are not denied to the States.
• The Constitution also limits the powers of the
  States.
• Forbids States from entering into any treaty,
  alliance or confederation. They can not coin or
  print their own money.
• Also they can not deprive any person of life,
  liberty, or property without due process.

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Exclusive and Concurrent Powers

• Exclusive Powers-

• Concurrent Powers-

• Those that can be exercised only by the National
  Government, including most of the delegated
  powers.
• Ex. Powers to coin money and make treaties with
  foreign nations.

• Those that both the National and the States
  posses and exercise.
• Ex. Collect taxes, define crime and set
  punishments for them, and condemn private
  property for public use.

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Admitting New States

• Admission Procedure-
• The area desiring Statehood petitions Congress
  for admission.
• Enabling Act-
• Congress passes this allowing the framing of a
  proposed State constitution.
• The people vote on the constitution and then it
  is submitted to Congress for approval.
• Act of Admission-
• When Congress agrees to Statehood after reviewing
  the constitution.
• The President signs the act and the new State
  enters the Union.