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U.S. Government: Unit 2
Fall 2012
Foundations of Government
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The ideas and beliefs that gave rise to the American system of
government
Roots of American Democracy
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Athens: Direct DemocracyCitizens participate directly in all decision-
makingExamples: Colonial New England Town
Meetings, initiative. referendum, and recall
Classic Roots Of American Democracy
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Rome: Republic / Representative DemocracyDecisions made by representatives elected by
the citizensExamples
US CongressMissouri General Assembly (state legislative
branch)Eureka City Council
Classic Roots of American Democracy
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English Roots of American Democracy
Magna Carta (1215)
Agreement between the English Nobles and King John
Limits kings power by protecting nobles from unfair rules and laws
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Magna Carta EstablishesRule of Law
Government is based on clear and fairly enforced laws
No one is above the law – not even the king!
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Due Process: No one can be deprived of life, liberty, or property without fair legal procedures and safeguards
trial by juryright to lawyer.right to remain silentsearch warrantsHabeas Corpus: right of
the accused to be brought before a judge and be charged with a crime (48 hours)
Examples of the Rule of Law
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Petition of Rights (1628)Establishes principle of Limited GovernmentGovernment (in this case the king) is not all-powerful Individuals have certain rights that cannot be taken
away
What can’t our government do?
What rights do we have that cannot be taken away?
English Roots of American Democracy
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In the last 20 years,what new idea has
changed society the most?
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1600-1700s CE
Enlightenment ideas that were revolutionary Government from the bottom up not top downReaction against absolute monarchy
Age of Enlightenment
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Enlightenment Philosophers
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First to see government as a contract between people & ruler
People are naturally nasty, mean, selfish
They need a strong leader (MONARCH) to protect them from themselves!
People give up some freedom to an absolute ruler in exchange for peace and order (protection)
Thomas Hobbes
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John LockeAll people are equal
All people have certain natural rights rights you have by
being humansometimes called
individual rightsLife, liberty, propertyCAN’T BE TAKEN
AWAY!!!!
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Social Contract Theory
People give up some of their rights/freedoms to government
Government is to protect rights of people
IF the government does not protect the rights of the people, the people can overthrow the government and get a new one!
John Locke
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Baron de MontesquieuSeparation of Powers: Power
should be divided among the branches of government
Executive: enforce lawsLegislative: make lawsJudicial: interpret laws
Prevents one part of government from becoming tyrannical, abusive, etc.
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Jean-Jacques RousseauPopular Sovereignty:People should have the ultimate power in government
“The consent of the governed”
“The general will of the people”
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Steps Leading Up to the Constitution
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Mayflower Compact (1620)First example of direct democracy in colonies Signed by 41 men on Mayflower
Colonial Experience
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Virginia House of Burgesses: 1st example of Representative Democracy /
Republic / Indirect (1619)
Colonial Experience
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Early relationship between England and the colonies was one of benign neglectColonists managed their own affairs due to
geography
Britain’s need for money changes everythingWon the French and Indian War (1760s)Colonists should help to pay to defend the
territoryImpose new taxes that colonists do not like
Colonial Experience
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First Continental CongressCalled for a peaceful
opposition to British policies
Send letter to King George asking him to change his evil ways
Britain ignored colonies and responded with violence
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Form Continental ArmyWashington to lead armyDebate independence from Great Britain
Eventually commission Declaration of Independence to be written.
Second Continental Congress
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The Ultimate Break-Up Letter:The Declaration of Independence
Written by Thomas Jefferson
Approved on July 4th, 1776 by the Second Continental Congress
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Second Continental Congress makes decisions
Our first plan of government is written and approvedThe Articles of ConfederationNot until 1781 – the war is almost over!!!!!!
During our Fight For Independence
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Mayflower Compact . . . . First what?House of Burgesses . . . . . First what?Articles of Confederation . . . . First what?
Why is the Declaration of Independence an example of Locke’s social contract theory?
Petition of RightsMagna Carta
Do you know
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Magna CartaPetition of RightsHouse of BurgessesArticles of
ConfederationDeclaration of
IndependenceMayflower CompactRule of LawLimited GovernmentNatural Rights
Popular SovereigntySocial ContractSeparation of PowersRome and AthensHabeas CorpusDue ProcessLegislative,
Executive, judicial branches
Hobbes, Locke, Rousseau, Montesquieu
Do You Know . . .
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Lesson 3: Articles of Confederation
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Our 1st attempt at NATIONAL governmentState governments existed as well
Confederation: Power is concentrated in the states and not the national government
Bad experience under the strong central government of Britain
Allowed states to do their own thing, but prohibited the states from acting as one nation to solve problems facing the young USA
Articles of Confederation (1781-1787)
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Government made up of a Congress (Legislative Branch)Unicameral: one house or partEach state to have at least 2 delegatesEach state to have one vote
Missing in the government:Executive BranchJudicial Branch
Articles of Confederation
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Weakness of Articles of Confederation
Problem Created Fixed in Constitution
No executive branch No way to enforce laws passed by
Congress; states can do what they want
Executive Branch:Main duty to Enforce
the Laws
No judicial branch No way to settle disputes between states or people
Judicial Branch: Main duty to
interpret lawsSupreme Court
established
Congress had one house (unicameral); each state had only
one vote.
Representation in Congress is unequal
among the states
Bicameral Congress(two houses)
1 based on population1 equal
representation
Congress cannot regulate trade with other countries or
among states
Economy suffers Congress can regulate trade
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Weakness of Articles of Confederation
Problem Created Fixed in Constitution
Congress cannot tax No money to fund the government
Cannot repay debts
Congress can tax
9/13 states needed to pass laws
Difficult to pass laws Simple majority(half +1)
needed to pass laws
13/13 states needed to amend (change) Articles of Confederation
Almost impossible to do
Easier, but still hard to propose and ratify
amendments
No national currency Hurts economy Congress can print money
States joined loosely together in a “league of friendship”
Not really one country
Act on their own
federal system,“Form a more perfect
union
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ReviewOur 1st form of national government
NameSet-up and why?Define unicameralDefine bicameralBranches included and excludedOther weaknessesHow were weaknesses fixed in the Constitution
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Constitutional Convention
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Who: 55 Delegates from 12 states (no Rhode Island)When: May 25 - September 17, 1787Where: Philadelphia, PAGoal: Met to revise the Articles of Confederation
Constitutional Convention
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They decide to write a new plan for government . . . the Constitution!
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Notable Delegates
Meetings kept secret!!
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Side 1: Virginia PlanBicameral (two house) legislature Representation in both houses based on population
Side 2: New Jersey PlanUnicameral (one house) legislatureRepresentation is equal
Key CompromiseHow should representation in Congress
be determined?
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The Great Compromise(The Connecticut Compromise)
Created a bicameral (2 house) legislature to make lawsSenate: equal
representation (2 per state)
House of Representatives: Representation based on population
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Northern States:Count slaves for taxes but not for
representationSouthern StatesCount slaves for representation but not for
taxes
Key CompromiseShould slaves be counted in
population for representation and taxes?
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Slaves will be counted as 3/5ths a person for representation and taxes
3/5ths Compromise
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Constitution signed by delegates September 17, 1787
Sent to the states for ratificationRatify means to approve9/13 states needed to ratify
Ratification of Constitution
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Opposed the Constitution -- 2 main complaintsNational government in Constitution
was too powerful –power taken away from states
No list of rights (bill of rights) to protect people from strong national government
Anti-Federalists
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FederalistsPeople who supported the ratification of the Constitution
Need a strong national government with power shared with the states
No need for a bill of rights because separation of powers will make it impossible for government to take away the people’s rights
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Essays written to gain support for ratification of the Constitution
Over 80 persuasive essays, written anonymously
Federalist Papers
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Bill of Rights is to be added to the Constitution to satisfy Anti-Federalists10 Amendments (changes) to ConstitutionAmend means to changeProtects people from the national governmentAmendment 10: Basis for state power
9th state (New Hampshire) ratifies Constitution 1788Washington elected President 178913th state (Rhode Island) ratifies in 1790Bill of Rights added 1791
Final Compromise
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1. Two part legislative branch2. First 10 amendments3. People who supported the Constitution4. To approve5. To change6. First form of gov’t after independence7. One part legislative branch
Quiz Check: Define the following . . .
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8. Who had power under the Articles of Confederation?
9. Why (to #8)10. Branch(s) in A of C? Branch(s) missing?11. Original goal of Constitutional convention?12. What happened instead?13. Who supported the New Jersey Plan?14. Who supported the Virginia Plan?
Answer this . . .
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15. What was the compromise on representation in Congress?
16. What did the 3/5th Compromise do?17. Two fears of the Anti-Federalists about the
Constitution.18. How did the supporters of the Constitution
spread their ideas?19. How is representation in the House of Reps
determined? The Senate?20. What was the final compromise on the
Constitution?21. List 2 weakness of A of C and the fixes in
the Const.
Don’t forget