Government

What is a Government?

An ruler or group of people through which a society makes and enforces its public policies (everything a government decides to do)

America’s 5 Founding Ideals

1. Popular Sovereignty

Popular Sovereignty - Power to rule comes from consent of the governed

2. Social Contract

Social contract – an agreement between the government and the peopleLocke

3. Rights & Freedoms

Privileges granted to people by an agreement (a social contract)

Freedom to do and say what you want

4. Limited Government

Government must be restrained from abuses

Rule of law - All people must follow the laws or be punished

“Obviously”, all people are treated the same and valued equally Race, religion,

ethnicity, age, gender, ability, income are not factors in how the law treats people

5. Equality

Declaration of Independence

1. Preamble – introduces why the declaration was written

2. Declaration of Natural Rights – Explains the rights of people and the role of government

3. Grievances – lists the colonists complaints

4. Resolution of Independence – states the colonists decision

3 classifications of government

Participation Democracy

Direct Indirect/Representative Republic

Dictatorships Geographic Distribution

Unitary Federal Confederate

Relationship between branches Presidential Parliamentary

Geographic Distribution

Unitary (Central Government) all powers are held by a single,

national governmentState and local governments only have

power assigned to it by national government

Great Britain, France, Italy

Geographic Distribution

Federal SystemPowers are divided between national

and state governmentsEach level has sovereignty over

different areasSchools (State)Military (National)

United States, Canada, India, Switzerland, Australia, Mexico

Geographic Distribution

Confederate – an alliance of independent statesCentral government only handles

matters assigned to it by its statesDefenseCommerce

U.S. before Constitution, Confederate States of America (Civil War)

Articles of Confederation

Powers given to National Govt.

One branch: Congress One vote per statePower to make laws

Declare WarSign TreatiesAppoint AmbassadorsAppoint Military OfficersPrint Borrow Money

Weaknesses of AOC No power to enforce decisions – states

ignored most orders from National Govt No power to collect taxes No army No power to regulate interstate commerce Difficult to make Decisions – 9/13 states had

to agree Unanimous approval for Amendments No Judicial No Executive Branch

Shays’ Rebellion

Protest by farmers against economic problems in MassNo trade with EnglandGovt raised taxes

Results:Highlighted need for strong national

govt to protect and maintain order

Constitutional Convention

Constitutional Convention

When: May 1787 Where: Philadelphia – at

the State House – now called Independence Hall

Purpose: Amend the Articles of Confederation

Constitutional Convention

Who: 55 representatives from 12 states Includes: Ben Franklin - oldest James Madison –

important!!George Washington -

elected president of the Convention

Issues at the Convention

GoalsRevise articles or Create a new Constitution

State Issues1. Representation in the national

government2. Slavery3. Tariffs4. How strong to make the national

government

Compare Virginia Plan to New Jersey Plan

Virginia Both New Jersey

Compare Virginia Plan to New Jersey Plan

Virginia Both New Jersey

Strong national

govt.

3 branches

BicameralHouse and Senate - reps based on pop

National govt has power to tax

Unicameral – each state having one vote

States maintain power to tax

Connecticut Compromise/The Great Compromise

Similar to Virginia Plan

Similar to Both

Similar to New Jersey Plan

Connecticut Compromise/The Great Compromise

Similar to Virginia Plan

Similar to Both

Similar to New Jersey Plan

Bicameral

House of Representatives – representation based on state’s population (large state plan)

3 branches

Strong National Govt.

Senate – 2 representatives per state (small state plan)

Slavery DebatesDebate North South Compromise

Representation

Ending Slave Trade

Fugitive Slaves

Slavery DebatesDebate North South Compromi

se/Decision

Name

Representation

Don’t Count for representation , but for federal taxes

Count for representation, but not federal taxes

– slaves count for 3/5 of white person

3/5 Compromise

Ending Slave Trade

End Don’t end forbade congress from voting on until 1808

Slave Trade Clause

Fugitive Slaves

Laws of State decide

Return fugitives slaves must be returned to owner

Fugitive Slave Clause

Slavery in the New Government

At the time, the majority of the states used slave labor. However, there were more slaves in the southern states than in the northern states.

6 Basic Principles of the Constitution

1. Popular Sovereignty

The power of govt. comes from the consent of the governed

“People Power”

2. Separation of Powers

Basic Powers of government are distributed among three independent branchesLegislative – makes the

laws Judicial – interprets the

lawExecutive – enforces

the law

3. Checks and Balances

Each branch is subject to restraints by the other branches

No branch has too much power

Each branches actions can be “checked” by other branches

Checks and Balances

President Congress - Veto legislation, recommend legislation Courts – appoints justices

Congress President – override veto with 2/3 vote, Impeachment,

approves treaties and presidential appts. Courts – creates lower courts, Impeachment of judges,

approves appt. of judges Judicial

President – judges are appt for life (free of Executive control), may declare executive actions unconstitutional

Congress – may declare acts of congress unconstitutional

4. Limited Government Restraining govt.’s power

Not to0 powerful Due Process

The government must follow the rules of the Constitution

Rule of Law - All people must follow the laws or be punished

Separation of Powers, Checks and Balances and Federalism

5. Federalism

Federalism – the division of power between state and national governments States must obey authority of federal

government States DO get control over some issues Demonstrates limited government

Federalism

Sometimes the Federal Government will cross the line into State powers by requiring the states to do certain things in order to get Federal Funding. Many states are reluctant to take the money from the federal government because they feel the national government is violating the idea of Federalism

6. Individual Rights and Freedoms

God given privileges that can’t be taken away

First 10 Amendments

Preamble:

We the people – Popular Sovereignty More Perfect Union – better than the AOC Justice – fairness Domestic Tranquility – peace at home Common Defense – protect the country General welfare – help the people when in need Blessings of liberty - freedom

Powers of Congress

Powers of Congress

Declare War Armed Forces

Tax and Spend Foreign Commerce

Coin Money Borrow Money

Interstate Commerce Post offices’

Copy-rights/Patents Post Roads

Federal Courts Counterfeiting

Maritime Crime Naturalization

Bankruptcy Militia

District of Columbia Standard weights/measures

Express Powers vs. Implied Powers of Congress

Expressed Powers (enumerated powers)- powers Expressly given to a government; listed in the Constitution

•Examples:Regulate Interstate CommerceDeclare War

Implied Powers (Article I, section 8) – powers not Specifically spelled out, but can be inferred fromThe Constitution

•Necessary and Proper Clause (Article I, Section 8: The power given to

Congress to create laws to help them carry out thePowers of the Constitution.•Examples:War Powers – creating the Air ForcePostal Roads – creating the National Highway System

Other Important Clauses

Commerce Clause (Article 1, Section 8, clause 1) – Congress has power to regulate interstate Commerce Example: An Ohio beverage distributer wanting to enter into an agreement with

a Pennsylvania beer distributor Tax and Spend Clause – (Article 1 section 8, clause 1) – Gives Congress the

power to tax and spend money – gives congress authority to levy taxes and spend money to pay debt, raise and army and for the general welfare of the country Example: The federal government paying off the federal deficit

Other Clauses

Full Faith and Credit Clause (Article 4 section 1)– every state must recognize and respect the laws of other states Example: A drivers license from Montana which allows a 15 year old to

drive is valid in Ohio when the 15 year old drives here on vacation Supremacy Clause (Article 6) – Fed law is supreme is above State

law Example: California’s Medicinal Marijuana Law is in violation of Fed Drug

Laws which prohibit Marjuana sales

Powers of the PresidentPowers of the President Alone Powers Checked by Congress

Commander and Chief (Armed Forces

Sign Treaties (2/3 Senate approval)

Consult Cabinet Nominate Supreme Ct. Judges

Receive Ambassadors Select Ambassadors

Commission Officers

Execute Laws

Grant Reprieves and Pardons

Deliver the State of the Union Address

Recognize new regimes (leaders)

Checks and Balances

President Congress - Veto legislation, recommend legislation Courts – appoints justices

Congress President – override veto with 2/3 vote, Impeachment,

approves treaties and presidential appts. Courts – creates lower courts, Impeachment of judges,

approves appt. of judges Judicial

President – judges are appt for life (free of Executive control), may declare executive actions unconstitutional

Congress – may declare acts of congress unconstitutional

Powers of the Supreme Court Courts:

Supreme Court Inferior Courts (Lower Federal Courts)

Judicial Power – power to hear court cases Original Jurisdiction – 1st court to hear a case Appellate Jurisdiction – power of a court to review decisions

and change outcomes of decisions of lower courts Judicial Review – “Super” Power to decide whether a

Congressional law or action by the President is Constitutional Basic Principal?

Checks and Balances

Amendment Process

2 Main Ways to Change the ConstitutionFormal Process – specifically stated in the

Constitution

Informal Process – process not specifically listed in the Constitution

Formal Amendment Process

5 Informal ways to Amend1. Basic Legislation by Congress

Example: Federal court system was created to detail the brief provision written in the constitution

2. Executive Action Example: Going to war without a formal declaration (Korea, Vietnam, Afghanistan)

3. Court Decisions - Judicial Review - Constitutional interpretations by the Supreme court Example: Marbury vs. Madison

4. Party Practices Creation of political parties, Primaries Nomination of candidates for President by National Convention,

5. Custom Creation of Cabinet , Term Limits

Federalist Papers

Series of 85 essays that debated over the new constitution Written by Alexander Hamilton, James Madison and John Jay Gave rise to first two political parties in the United States

Federalist Paper 51

Purpose: Persuade citizens to ratify the constitutionThesis: A strong government is needed to control

the people, but not too strong that it will oppress the peoplethe most efficient way to govern is through 3 branches of

government each with ability to check each other’s power

Federalist Paper 10

Purpose: To persuade citizens to ratify the Constitution

Thesis: A strong federal government with a constitution can control factions (groups of people organized against a cause that are dangerous to democratic government – minority groups ) Lobbyist, Political Action Committees

NAACP, NOW

Results of Federalist Papers

Constitution Gets RatifiedBill of Rights Added – 1st 10 Amendments to the Constitution

Included: 10th Amendment

Reserved Powers of the States – Any power not specifically listed in the Constitution is reserved for the states

Ie. Education,

Ohio Constitution vs. US Constitution

Ohio U.S

Branches Legislative, Judicial, and Executive Legislative, Judicial and Executive

Legislative 2 Houses – Senate & HouseCreate lawsCan override veto

2 Houses- Senate & HouseCreate LawsCan override veto

Executive GovernorCommander and Chief of Militia

PresidentCommander and Chief of Military

Judicial Supreme Ct, Appeals Cr Appeals Ct

Voting 18yrs 18 yrs

Bill of Rights Inaleable, abolish govt, assemble, bear arms, trial by jury, habeas corpus, cruel and unusual, freedom of speech and press, quartering troops,

Same