Unit One: Foundations of Government

History of the Government

Coming of Independence:• First Continental Congress• Second Continental

Congress• Dec of Independence

signed July 4, 1776. Independent from England

• Believed in popular sovereignty

Enlightenment Philosophers

• John Locke:– Fundamental duty to protect the rights of people– Natural rights– Government’s power comes from the people, not

from God.• Thomas Hobbes:– Believed people were selfish by nature – Believed government needed to control – Social contract: People agreed to submit to an

authoritarian ruler to prevent disorder

• Voltaire:– Admired democratic nature of English institutions– French writer– Proposed tolerance, freedom of religion and free

speech• Jean Jacques Rousseau:– Advocated democracy– Social contract an agreement among free

individuals to create a government that would respond to the people’s will

• Baron de Montesquieu:– Separation of powers: dividing government into

equal responsibilities

Enlightenment Philosophers• John Locke:– Fundamental duty to protect the rights of people– Natural rights: life, liberty, property– Government’s power comes from the people, not

from God.• Thomas Hobbes:– Believed people were selfish by nature – Believed government needed to control – Social contract: People agreed to submit to an

authoritarian ruler to prevent disorder

• Voltaire:– Admired democratic nature of English institutions– French writer– Proposed tolerance, freedom of religion and free speech

• Jean Jacques Rousseau:– Advocated democracy– Social contract an agreement among free individuals to create

a government that would respond to the people’s will• Baron de Montesquieu:

– Separation of powers: dividing government into three separate branches

– Legislature to make laws– Executive to enforce laws– Courts to interpret them

GOVERNMENT

Purposes of Government

1. Form a more perfect union2. Establish justice3. Insure domestic tranquility4. Provide for the common

defense5. Promote the general

welfare6. Secure the blessings of

liberty

FORMS OF GOVERNMENT1. Democracy:- Political authority rests with people- Direct or IndirectA . Presidential: powers separated bybranchesB. Parliamentary: executive branch of legislatureC. Federal: power shared by local andnational governmentD. Confederate: power centered inlocal governmentsE. Unitary: power centered innational government2. Dictatorship:2. Dictatorship- Rulers not responsible to the people- Government not accountable for policies or how they

are carried out- Most totalitarian, militaristicA. Autocracy: one person rulesB. Oligarchy: small group rules

Basic Concepts of a Democracy

5 Basic Concepts of Democracy:1. Individual Worth: recognition of fundamental

worth and dignity of every person2. Equality: Respect for the equality of all persons3. Majority Rule, Minority Rights: faith in majority

rule and an insistence upon minority rights4. Compromise: acceptance of the necessity of

compromise5. Individual Freedom: insistence upon the widest

possible degree of individual freedom

Origins of the State

. Characteristics of Statea. Populationb. Territory- land with known and recognized boundariesc. Sovereignty- supreme power within its territoryd. Government- agency through which state exerts will

• Based off the Forced Theory, Evolutionary Theory, Divine Right, Social Contract Theory

We are Independent, now what?1. Limited:

A. Not all powerfulB. Individual rights

2. Representative:A. Serve will of all peopleB. People have voice

3. OrderA. Regulate relationshipsB. Based on English Rights

Due Process usedBicameral (TWO) or Unicameral

(ONE)

Articles of Confederation

WEAKNESSES:1. Congress lacked power to tax, regulate

trade2. Laws required approval of 9 of 13 states3. Change of articles require approve of all

13 states

Why would these concepts makes the Articles weak?

EFFECTS OF WEAKNESSES:

1. Congress ask Senate for money2. States bickered, made treaties, taxed goods3. Violence4. Congress very weak

Bell Ringer 1/25/12

• What is the difference between a Federalist and a Anti Federalist?

USE YOUR BOOK!

Independence Hall, 1787

Welcome DelegatesToday you will be a delegate

from one of the 12 states trying to ratify the

Constitution.Please choose a state to

represent and take out your notebook.

Be ready to argue for what your state wants to see in the

Constitution.

Constitutional Convention• May 14 to September 17, 1787, in Philadelphia, Pennsylvania,

at Independence Hall to address problems in governing • Convention was intended to revise the Articles of

Confederation • delegates elected George Washington to preside over the

convention. • Issues:

– A. the distribution of political power– B. the rights of individuals– C. the rights of states– D. slavery

• Ratified by the required ninth state (New Hampshire), the Constitution took effect on March 4, 1789.

Constitutional Plans

Virginia Plan:• Proposed at

Constitutional Convention 1787.

• Called for 2 separate houses in Congress.

• Felt larger states should have more freedoms.

Compromise: HOUSE

New Jersey Plan:- Proposed in response to

Virginia plan (J. Madison)

- Small states upset with no say or power

Compromise: SENATE

PLANS, COMPROMISES RATIFIED!

Constitutional CompromisesGovernment not working

under articles, must fix it.

1. Three-Fifths: Slaves count for 3/5th for tax and population

2. Connecticut/Great: Bicameral Congress (House=population, Senate= equal)

3. Commerce & Slave Trade: Congress can’t tax exports, Congress regulate Commerce

We now have our Constitution!!!

Classroom Constitution

• Each state will come up with 3 ideas and REASONS that will become “laws of the classroom (must be appropriate)

• Will vote on them in class, must have 9 of 12 to pass.

• Think of ideas that you would want to see in a classroom.

• Use your time to try to get other states on board with your idea

Period 6 Constitution

• Retake failed test, average two test scores for the final grade

• “A” on test = homework pass • 2 passes for the semester • One project and/or simulation per unit

Amendments 11-27• Amendment 11: Clearly states the judicial powers of the US states and the federal government

on foreign nationals and the limitations of the citizens to sue states under federal law. Ratified on 2/7/1795.

Amendment 12: Specifies the procedure for electing the president and the vice-president of the US separately by ballot votes. Ratified on 6/15/1804.

Amendment 13: Establishes the abolishment of slavery from the US and all the places that fall under its jurisdiction. Ratified on 12/6/1865. ABOLISH SLAVERY

Amendment 14: Broadly defines the parameters of the US citizenship, prohibits the states from reducing or diminishing the privileges of citizens and emphasizes their 'right to due process and the equal protection of the law'. Ratified on 7/9/1868. RIGHTS TO ALL.

Amendment 15: The citizens' right to vote shall not be denied by the states or the federal government on the basis of race, color or previous status of servitude. Ratified on 2/3/1870. RIGHT TO VOTE REGARDLESS OF COLOR/RACE

Amendments 11-27• Amendment 16: Authorizes the federal government to collect taxes on income

without apportionment. Ratified on 2/3/1913. INCOME TAXES

Amendment 17: Establishes the direct election of the senators to the United States Senate. Ratified on 4/8/1913.

Amendment 18: Prohibits the manufacture, sale, transportation, import or export of intoxicating beverages within the US and all the territories falling under its jurisdiction. Ratified on 1/16/1919. PROHIBITION

Amendment 19: Establishes that the citizens' right to vote shall not be denied on the basis of their gender or sex. Ratified on 8/18/1920.

Amendment 20: States in detail the terms of office that the President, the Vice-President, the Senators and the Representatives shall hold. Ratified on 1/23/1933.

Amendment 21: Repeals 18th Amendment

Amendment 11-27• Amendment 22: Establishes that the Presidential term is limited to two years and a person

shall be elected to the presidential office only once. Ratified on 2/27/1951.

Amendment 23: Allows the representation of the District of Columbia in the Presidential elections. Ratified on 3/29/1961.

Amendment 24: Prohibits the non-payment of poll tax or other tax as a basis of denial of the right to vote. Ratified on 1/23/1964.

Amendment 25: The Vice President shall become President in case the President is removed from office or in case of his death. Ratified on 2/10/1967.

Amendment 26: Prohibits the federal government or the state from denying any citizen who is 18 years or above, the right to vote. Ratified on 7/1/1971.

Amendment 27: Establishes that any law that increases or decreases the Congressional pay shall not be put to effect until the next term of office of the representatives begins. Ratified on 5/7/1992.

Formal Amendment Process

Proposed by Congress by a 2/3rd vote in both housesOption 1: Ratified by ¾ of

State legislatures

OR

Option 2: Ratified by conventions in ¾ of state

Proposed at a national convention called by Congress when requested by 2/3 of State legislatures

Option 3: Ratified by ¾ of the State legislature

OROption 4: Ratified byconventions in3/4 of states

Powers Divided: Delegated Powers

FEDERAL:Types: Expressed, Implied,Inherent, Exclusive• Coin money• Regulate trade• Maintain army• Grant patents/copyrights• Make treaties• Regulate immigration• Acquire territory• Protect against rebellion

STATE:Type: Reserved• Set marriage laws• Issue licenses• Establish public schools• protect/promote health,

safety, morals, public safety

• Powers not granted to Federal Government

Checks and Balances

Responsibilities of Federal Government

1. Republican Government:1. Representative government

2. Protection from Invasion and Internal Disorder1. Protect each State against foreign attack2. Restore order within States

3. Respect for Territory:1. Recognize legal existence of States2. Recognize physical boundaries of States

States Work Together to Preserve Union

1. Interstate Commerce:1. Agreements

2. Full Faith and Credit:1. Respect public acts, records, judicial proceedings2. Divorce recognized in State person is a resident

3. Extradition:1. Fugitives returned

4. Privileges and Immunities:1. Rights granted to citizens must be equal