American GovernmentUnit 1Chapter 1 Principles of Government

Chapter 3 The Constitution

Chapter 4 Federalism

Characteristics of the StateThe 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.

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 state’s service to the general well-being of the people.

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 state’s 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.

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.

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).

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.

The Foundations of Democracy The fate of American democracy rests on

the people’s acceptance of certain basic concepts.

The acceptance of the basic concepts of democracy presents Americans with problems and challenges.

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.

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.

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.

Origins of American Government

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 government—a

government that serves the will of the people.

The way our government works today can be traced to important documents in history:

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.

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.

British Colonial Policies

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.

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.

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.

Growing Colonial Unity

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.

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.

The Continental Congresses

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.

American Independence

Common Features of State Constitutions

Civil Rights and Liberties

Popular Sovereignty

Limited Government

Separation of Powers and Checks and Balances

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.

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

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

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

Weaknesses of the Articles

Critical Period, the 1780’s 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

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

Shay’s Rebellion Farmers were losing their land Shut down courts Led and attack on Federal arsenal Mass. State legislature eases the burden of debtors

Critical Period, the 1780’s

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.

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

Framers of the 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.

Leaders of the Philadelphia Convention

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.

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

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

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

• “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

The Virginia Plan: Called for a NEW Government

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

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

The Compromises Connecticut Compromise

Two houses Senate – equal representation House – proportional representation

Combination of Virginia and New Jersey plans

AKA: The Great Compromise

Three-Fifths Compromise Should Slaves be counted? Split North v South All “free person’s” will be counted; 3/5 of all

other persons Southerners could count slaves but had to pay

taxes on them

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

The Compromises

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.

Influences on the 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 Franklin’s thoughts when he said,

“From such an assembly [of fallible men] can a perfect

production be expected? It…astonishes me, Sir, to find this

system approaching so near to perfection as it does…”

Reactions tothe New Constitution

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

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 York’s ratification was hard fought. Supporters of the Constitution published a series of essays known as The Federalist.

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.

6 Basic Principles of the Constitution1.) 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.

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.

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

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.

6 Basic Principles of the Constitution6.) 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.

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.

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.

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.

Bill of RightsAmendment 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.

Bill of RightsAmendment III1. No soldier shall, in time of peace be quartered in

any house, without the consent of the ownerAmendment IV1. The right of the people to be secure in their persons,

houses, papers, and effects, against unreasonable searches and seizures, shall not be violated,

2. and no warrants shall issue, but upon probable cause, supported by oath or affirmation,

3. and particularly describing the place to be searched, and the persons or things to be seized.

Bill of RightsAmendment V1. No person shall be held to answer for a capital, or

otherwise infamous crime, unless on a presentment or indictment of a grand jury;

2. nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb;

3. nor shall be compelled in any criminal case to be a witness against himself,

4. nor be deprived of life, liberty, or property, without due process of law;

5. nor shall private property be taken for public use, without just compensation.

Bill of RightsAmendment VI1. In all criminal prosecutions, the accused shall enjoy

the right to a speedy and public trial, 2. 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,

3. and to be informed of the nature and cause of the accusation;

4. to be confronted with the witnesses against him; 5. to have compulsory process for obtaining witnesses

in his favor, 6. and to have the assistance of counsel for his defense.

Bill of RightsAmendment VII1. In suits at common law, where the value in

controversy shall exceed twenty dollars, the right of trial by jury shall be preserved,

2. 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 VIII1. Excessive bail shall not be required, 2. nor excessive fines imposed, 3. nor cruel and unusual punishments inflicted.

Bill of RightsAmendment IX

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

Amendment X

1. 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.

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

Informal Amendment ProcessBasic Legislation

Congress can pass laws that spell out some of the Constitution’s brief provisions.

Congress can pass laws defining and interpreting the meaning of constitutional provisions

Informal Amendment ProcessExecutive Action

Presidents have used their powers to delineate unclear constitutional provisions, for example, making a difference between Congress’s power to declare war and the President’s 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.

Informal Amendment ProcessCourt Decisions

The nation’s 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

Informal Amendment ProcessCustom

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 President’s cabinet.

Chapter 4 FederalismObjectives-

-identify the powers delegated to the National Government and reserved to the States.

- identify the powers denied to the National government and the States.

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.

Federalism’s major strength is that it allows local action in matters of local concern and national action in matters of wider concern.

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

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.

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.

Exclusive and Concurrent Powers

Exclusive 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.

Concurrent Powers-

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.

Admitting New States Admission Procedure-

1. The area desiring Statehood petitions Congress for admission.

2. Enabling Act- Congress passes this allowing the framing of a proposed State

constitution.

3. The people vote on the constitution and then it is submitted to Congress for approval.

4. Act of Admission- When Congress agrees to Statehood after reviewing the

constitution.

5. The President signs the act and the new State enters the Union.