SSCG2: The student will analyze the natural rights philosophy and the nature of government expressed in the Declaration of Independence

GHSGT ReviewGovernment

Compare and contrast the Declaration of Independence and the Social Contract Theory

John Locke believed that people were born with certain natural rights, which included life, liberty, and property. He also advocated Social Contract Theory, which states that there is an implied contract between government and citizens.

Thomas Jefferson asserted in the Declaration of Independence that all men are created equal and that men are born with certain inalienable rights, which include life, liberty, and the pursuit of happiness.

The Declaration of Independence echoes the theories of John Locke in asserting natural rights, that government obtains its power from the consent of the people, and that citizens have the right to resist and/or replace it with a new system.

Evaluate the Declaration of Independence as a persuasive argument

The Declaration of Independence makes these arguments:All men are created equalUnalienable rights: life, liberty, and the pursuit of happinessPowers of government from consent of the governedGrievances against the king of England, George IIIWhen revolution should occurWhen government becomes destructiveGovernment should not be changed for light or transient causesAfter a long period of abuses and usurpations

QuestionWhich document formally proclaimed the American colonies independence from Great Britain?The social contract The letters of the EnlightenmentThe Declaration of IndependenceThe writings of John Locke

AnswerC. the Declaration of Independence

QuestionRights which human beings are born with and which no government has a right to take away are calledDeclaratory rightsNatural rightsSocial rightsAlienable rights

AnswerB. Natural rights

Explain the main ideas in debate over ratification; include those in The Federalist

Federalists favored a strong central government and supported the Constitution.Anti-Federalists feared a strong central government. Believed the federal government could only do what the Constitution specifically said.

The Federalist Papers- Essays written to persuade ratification of the Constitution by easing fears. Supported by George Washington, Alexander Hamilton, and John Adams.

The Anti-Federalists agreed to ratify the Constitution if a Bill of Rights was added.

Explain the fundamental principles upon which of the United States Constitution is based; include the rule of law, popular sovereignty, separation of powers, checks and balances, and federalism.

Rule of law the U.S. is a society governed by set laws. Everyone must obey the nations laws. Popular Sovereignty the belief that the government is empowered by the will of its people. Eventually led to demand that all citizens be given the right to vote.Separation of Powers power is divided by 3 Branches: Legislative, Judicial, and Executive.Checks & Balances allows each branch to check the powers of the other two.Federalism power is divided between different levels of government. In the U.S. the national and state governments share power.

Describe the structure and powers of the Legislative, Executive, and Judicial branches.

Executive President enforces laws1. 4-year terms, limited to 2 terms2. Elected by Electoral College3. Powers and Duties (Article II, Sections 2& 3)a. Commander-in-chief of armed forces b. Can make treaties c. Can appointment Supreme Court justices, Cabinet4. The Vice-President and Cabinet are part of the executive branch

Legislative - Congress makes lawsBICAMERAL Two Houses

House of RepresentativesRepresentation based on populationAt least one per stateSpecial power to impeach, initiate tax billsPresiding officer Speaker of the House

SenateRepresentation is equal 2 per stateSpecial power to approve Presidents treaties and appointments (2/3 majority required)Serves as jury during impeachment trialsPresiding officer Vice-President of the U.S.

Judicial Supreme Court interprets laws

1. Highest court in the nation2. Court of final appeal3. Congress establishes inferior courts

Analyze the relationship between the 3 Branches in a system of Checks & Balances and Separation of Powers.See next slide

Executive BranchThe PresidentEnforces the nations lawsHeads the armed forcesRepresents the nation in foreign affairsLegislative BranchCongressPasses taxesMakes new lawsJudicial BranchSupreme Court (and other Federal Courts)Decides whether or not laws are constitutional

Can:Propose legislationVeto legislationCall special legislative sessionsRecommend appointmentsNegotiate foreign treatiesCan:Appoint federal judgesGrant pardons and reprieves to federal offendersCan:Pass legislationOverride a presidential vetoConfirm executive appointmentsRatify treatiesAppropriate moneyImpeach and remove a PresidentCan:Declare executives actions and laws unconstitutionalCan:Declare legislation unconstitutionalCan:Create lower federal courts and judgeshipsImpeach judgesPropose constitutional amendments to override judicial decisionsApprove appointments of federal judgesQuestion The idea of a legislative branch making the laws, an executive branch enforcing the laws, and a judicial branch overseeing application of the law is consistent withSeparation of powersChecks and balancesFederalismPopular sovereignty

AnswerA. Separation of Powers

QuestionWhich of the following states that governments re empowered by and exist for the people they governed?FederalismPopular sovereigntyAnti-federalismChecks and balances

AnswerB. Popular sovereignty

Explain the relationship of state government to the national government.

Under our federal system of government, power is divided between states and the national government.According to the 10th Amendment, any powers not specifically granted to the national government are reserved for the states. No state government may pass a law that violates the U.S. Constitution. Define the difference between enumerated and implied powers.

Enumerated Powers are explicitly granted by the Constitution.

Implied Powers are powers not specifically mentioned in the Constitution.

Describe the extent to which power is shared.

The Supremacy Clause states that the Constitution is the supreme law of the land and takes precedence over any state or local laws.

Identify powers denied to state and national governments.

Any powers expressly denied the national government are also denied to the states and no state government may pass a law that violates the U.S. Constitution. Analyze the supremacy clause found in Article VI and the role of the U.S. Constitution as the supreme law of the land.

Article 6: Constitution is the supreme law of the nation. - No federal, state, or local law can conflict with the Constitution.

Examine the Bill of Rights with emphasis on First Amendment freedoms.

The Bill of Rights consists of the first 10 amendments to the United States Constitution.

The 1st Amendment guarantees the following for citizens:Freedom of speechFreedom of the pressFreedom to petition the governmentFreedom to assembleFreedom of religionSeparation of church and state

Analyze due process law expressed in the 5th and 14th Amendments.

The 5th Amendment ensures that no person shall be imprisoned or deprived of his or her property without due process.

Due process prevents government abuse and ensures citizens charged with a crime are not denied their rights during judicial hearings.

The 14th Amendment makes it illegal for any state government to pass laws denying liberties guaranteed under the Bill of Rights.

Explain how government seeks to maintain the balance between individual liberties and the public interest.

Individual liberties are the personal freedoms every citizens enjoys under the Constitution.Public interest refers to those things which citizens have a common interest: public safety, national security, a healthy environment, protection from dangerous products in the market place, etc.

At times, protecting public interest can infringe on individual liberties. For instance, following the terrorist attacks of September 11, 2001, the U.S. government passed the PATRIOT Act, which grants government officials greater freedom to monitor phone calls, emails, and other forms of communication. Many appreciate such a law because it protects the public.Others, say such laws go too far because they invade citizens privacy and violate individual liberties.Explain every citizens right to be treated equally under the law.

Today, the Constitution has been amended so that, at least in theory, every U.S. citizen is given equal protection under the law regardless of skin color, gender, age, wealth, etc.

U.S. citizens must fulfill a number of civic responsibilities in order for U.S. society to function.These civic duties include:Obeying lawsPaying taxesServing jury dutyPerforming public serviceRegistering for the draft (required for 18-year-old males)Political participationStaying well-informed

Describe the organization, role, and constituencies of political parties.The U.S. Constitution says nothing about political partiesDespite pleas from George Washington, political parties have become an important part of U.S. policies.

Political parties are organizations that promote political beliefs and sponsor candidates.The U.S. operates on a two-party systemThese two parties are the Democrats and Republicans

(Political parties continued)Political parties serve the following functions:They nominate candidates for officeCoordinate the actions of government officialsEstablish party platforms

Each party has it general constituency, which is the people who make up and are represented by the party.

Democrats are identified as more liberalRepublicans are generally more conservative

Describe the nomination and election process

Local , state, and federal officials are voted into office by means of a general electionTo decide on a single nominee, primary elections are held to choose between candidates within the same party

In presidential elections, the winner is not directly chosen by the people, but by the Electoral College.In a general election, whichever presidential candidate wins the most votes in a particular state is awarded ALL of that states votes in the Electoral College.Georgia currently has 15 electoral votes

U.S. CongressHouse of RepresentativesU.S. SenateRepresentationBy population of state2 per stateLength of terms2 Years6 YearsLeadershipLed by Speaker of the HouseLed by Vice President and president pro tempore

Explain the steps in the legislative process.

Introduce in Either House or Senate as a BillReferred to CommitteeKills BillDebated in floor of House or Senate and voted onGoes to other legislative body (House or Senate)Goes to PresidentBecomes law2/3 of each body (House and Senate) needed to pass over Presidents vetoYesYesYesYesNONONONOYesYes Explain the function of various leadership positions within the legislature.

The top post in the House of Representatives is the Speaker of the House.The Vice President presides over the Senate, but he/she only votes if his/her vote is needed to break a tie.When the Vice President is not present, the president pro tempore takes his/her place

The two major parties with the Senate and House of Representatives have leaders.The majority leader is the elected leader of the majority partyConversely, the minority leader leads the minority party.Duties and powers of the President:

Chief Executive the nations recognized leader and head of the executive branch. Ultimately responsible for enforcing the nations lawsCommander-in-chief the top military commanderForeign policy leader plays a major roles in deciding how the U.S. will deal will foreign countries and international situations. He/she is responsible for negotiating treaties and agreements with other nations. The president is the nations chief of state and it foremost representative.Appoints pubic officials including heads of federal departments and federal judgesParty Leader the president acts as the head of his/her political party.

Explain the impeachment process as defined in the U.S. Constitution.

The president may be impeached (charged with wrongdoing while in office) by the House of Representatives if suspected of treason, bribery, or other high crimes and misdemeanors.If this occurs, the president stands trial in the SenateIf two-thirds of the Senate finds him/her guilty, then he/she is removed from office.Only two presidents have been impeached: Andrew Johnson and Bill Clinton. Neither was found guilty.

Explain the functions of the CabinetMembers of the President's Cabinet act as his official advisory group (the presidents team) and head executive departments. The President appoints members of his cabinet and the Senate must confirm them.

Here is a list of the 15 executive departments.Department of AgricultureDepartment of CommerceDepartment of DefenseDepartment of EducationDepartment of EnergyDepartment of Health and Human ServicesDepartment of Housing and Urban Development

Department of the InteriorDepartment of JusticeDepartment of LaborDepartment of StateDepartment of TransportationDepartment of the TreasuryDepartment of Veterans' AffairsDepartment of Homeland Security

Explain the jurisdiction of the federal courts and the state courts.

U.S. Supreme CourtU.S Court of AppealsU.S. District CourtsState Supreme CourtAppellate CourtsSuperior CourtsLower Courts

Examine how John Marshall established the Supreme Court as an independent coequal branch of government through his opinions in Marbury v. Madison.

Power of Judicial Review (Marbury v. Madison) Article 5: Amending the Constitution2/3 of both house of Congress may propose2/3 of states may call for national convention to propose (never used)Requires 3/4 of states to ratify (officially approve) before it becomes a permanent part of the U.S. Constitution Describe how the Supreme Court decides cases.

The Supreme Court Chooses which cases it will head.If a case is refused, the decision of the lower court will stand.If the Supreme Court accepts a case:Both sides will present written briefs (legal arguments)Supreme Court Justices will apply the Constitution when making their decisionAfter heading all arguments, the justices will voteThere are 9 justices, so 5 votes are needed for a majority

Foreign policy refers to the United States relations with other nations and how it handles international situations. The president is predominantly responsible for determining the U.S. foreign policy.

Diplomacy is the process of nations coming together to find peaceful solutions.The U.S. offers economic, humanitarian, and military aid to countries that are less developed or hurting as a result of a national disaster.Treaties are formal international agreements between nations.Sanctions are restrictions or policies placed on a country that may be violating international agreementsSanctions placed on North Korea for pursuing the development of nuclear weaponsMilitary intervention is the most drastic measure for dealing with international conflicts.The U.S. has been involved in Iraq and now Afghanistan and Pakistan fighting the war on terror.QuestionThe U.S. Constitution gives state governments the authority to be involved in all of the following areas exceptTax collectionPublic educationTreaty negotiationHighway construction

AnswerC. Treaty negotiations

QuestionWhat is the main purpose of the national conventions that the Republican and Democratic parties hold every four years?To organize state primariesTo develop legislative strategiesTo caucus about foreign-policy issuesTo nominate presidential candidates

AnswerD. To nominate presidential candidates

QuestionWhich government body acts as the jury in an impeachment trial in the United States?The SenateThe CabinetThe Supreme CourtThe House of Representatives

AnswerA. The Senate

QuestionWhat is the primary function of leaders within the Legislative branch of the U.S. federal government?To introduce bills proposed by the presidentTo advance the goals of their political partiesTo carry out federal laws passed by both houses of CongressTo confirm the constitutionality of bills with the Supreme Court.

AnswerB. To advance the goals of their political parties

QuestionWhat is the purpose of the first 10 amendments to the U.S. Constitution?To limit the federal governments powersTo expand the courts authority to review federal lawsTo guarantee citizens voting rights regardless of race or genderThe establish checks and balances between the executives and legislative branches.

AnswerA. To limit the federal governments power

QuestionWhich idea from Social Contract Theory is expressed within the U.S. Declaration of Independence?Congress must consist of two legislative housesPolitical term limits are necessary for all elected officials.Government authority comes from the consent of the governed.Individual citizens must be protected by a federal bill of rights.

AnswerC. Government authority comes from the consent of the governed.

QuestionHow the U.S. chooses to interact with other nations and handle international situations is known asDiplomacyForeign policyMilitary interventionInternational sanctions

AnswerB. Foreign policy

QuestionA proposal that has been introduced by a member of Congress to be considered as a potential law is called what?A resolutionAn act of CongressA billA veto

AnswerC. A bill

QuestionCongress is composed ofThe federal judiciaryThe House of Representatives and the U.S. SenateThe executive branchThe cabinet and the federal bureaucracy

AnswerB. The House of Representatives and the U.S. Senate.

Question The authority of the Supreme Court to declare acts of Congress unconstitutional was established in which court case?Marbury b. Madison (1803)McCullough v. Maryland (1819)Korematsu v. United States (1944)Brown v. Board of Education (1954)

AnswerA. Marbury vs. Madison (1803)

QuestionNicholas Davis is extremely disappointed. Although the president of the United States nominated him to serve on the Supreme Court, the U.S. Senate voted down his nomination. This scenario is an example of which principle at workSeparation of PowersPopular SovereigntyThe Legislative branchChecks & Balances

AnswerD. Checks and Balances

QuestionsThe First Amendment to the United States Constitution guaranteesFreedom of speechDue processTrial by juryThe right to bear arms

AnswerA. Freedom of Speech