PRINCIPLES of AMERICAN DEMOCRACY

1. PRINCIPLES of AMERICAN DEMOCRACY • Principles of the Constitution • Types of Government • English Government • Enlightenment • Colonial Period • Revolutionary Period • Articles of Confederation • Constitutional Convention • The Constitution

2. Principles of the Constitution • These are major concepts embedded in the Constitution. Each of these concepts are important ideas that deal with limiting the power of government, and ensuring that the people retain power and rights. • Popular Sovereignty – The people rule. • Limited Government – The people retain certain rights that cannot be denied by the government. • Individual Rights – Freedoms guaranteed to citizens. • Federalism – The states and the federal government share power. • Separation of Power – 3 Branches + Checks & Balances. • Rule of Law – Everyone must follow the law.

3. Authoritarian Governments • Monarchy - These systems have been and are used by nations throughout the world. In these systems, one person has control of government. In a monarchy, it is held by a king, queen, or ruling family (Sultan). This power is passed on through family succession. • In a dictatorship, power is often seized by force; by a military force or group. Power is usually passed on to the next in line of people who share this philosophy. • (Monarchy) – England, Spain, France – Until 18th and 19th centuries. Today many of these are constitutional monarchs. Saudi Arabia today. • Dictatorship – Nazi Germany under Hitler; Fidel Castro (Cuba) • Types of Authoritarian Governments – Absolute Monarch, Dictatorship/Totalitarianism/Autocracy, Aristocracy, Theocracy, Oligarchy

4. Democratic Governments • This system is based on the philosophies of John Locke and Montesquieu. Later, the founding fathers of the United States extended these principles. Men such as Thomas Jefferson and Thomas Paine. • (Problem) – For these philosophers, the problem could be explained by a government, in many cases a monarch having too much power. Most of these men agreed that individuals had natural rights, and that if any person had too much power, these rights would not be protected. The answer was to have elected government, with a system of checks and balances. • Many nations are experimenting with these ideas of government. US – Representative Democracy. • Types of Democratic Governments – Direct Democracy, Representative Democracy/Democratic Republic, Constitutional Monarchy

5. Before the Magna Carta The Monarch (King or Queen) had absolute authority. Decisions of taxing, use of the military, making and enforcing laws all were made by the monarch. After the Magna Carta A Common Counsel was created made up of Nobles (large landowners and church officials) Changes After the Magna Carta Taxes (consult common counsel) Must have witness to crime. Trial by Jury English Church free of Monarch Control Magna CartaThe Magna Carta is important because it represents the beginning of a republican form of government in England. Prior to the Magna Carta, England had an absolute monarch.

6. HOUSE OF LORDS Made up of Nobles Seat is Inherited HOUSE OF COMMONS Members are Elected Come from Towns & Cities throughout England Representative Democracy PARLIAMENTEnglish Legislative Branch (BICAMERAL)House of Lords & House of Commons

7. ENGLISH BILL OF RIGHTS (1689)Between 1215 & the 1600’s the Common Counsel became a much more formal Parliament. The English Bill of Rights followed the English Civil War. This document transformed English Government even further than the Magna Carta. Parliament has following powers in English Government • Power to Tax • Make Laws • Control of the Nation’s Army

8. COMMON LAW • A system of law based on precedents. • A precedent is an earlier decision made by a judge that serves as a model for future cases. • Over time common law creates a system of consistent rulings. • English Common Law has been used in the development of contracts, marriages, etc… in the United States.

9. ENLIGHTENMENT • During the Enlightenment Period many ideas that influenced the Framers of the United States Government developed. These ideas are seen in the Declaration of Independence and the Constitution. Enlightenment Philosophers • John Locke – natural rights, purpose of government • Montesquieu – separation of power, checks & balances

10. Thomas Hobbes • Hobbes was an English philosopher. He was older than Locke, but they lived at the same time. Hobbes described life in a “state of nature” as “nasty, brutish, and short”. • He felt that people entered into a social contract for fear of a violent death. Hobbes unlike Locke believed in the divine right of kings. This meant that the ruler obtained absolute power, and the people had no right to question his/her rule or revolt.

11. John Locke • Locke was an English philosopher who lived during the English Civil War. He believed that God granted man 3 natural rights (life, liberty, property). • Locke said that people entered into a social contract with their government. People agreed to pay taxes and follow reasonable laws. The government in exchange must protect these natural rights. • Locke believed if government did not protect these natural rights, the government had broken the contract. In this case, the people had the right to overthrow the government.

12. Montesquieu • Montesquieu was an important philosopher in the development of the American democracy. Montesquieu came up with the idea of a separation of power. • He felt that if one person obtained all power, there could be no liberty. He felt that there should be a separation between the legislative, executive, and judicial. Power should be a check on power. “Power corrupts, absolute power corrupts absolutely.”

13. Map of the Americas • The following map shows European Countries and where each set up colonies in the New World.

14. Mercantilism Economic Policy that a country should sell more goods to other countries than it buys. EXPORT > IMPORT Salutary Neglect – England will allow colonies to rule themselves. Need raw materials. Colonial Period Colony – A group of people in one place ruled by a government in another. European Nations began to colonize the Americas. Colonies provided mother country with a cheap source of raw materials, could then produce finished products to export to colonies, and other parts of the world. Mercantilism & Colonial Period

15. JAMESTOWN COLONY Representative Democracy House of Burgesses 22 Members - House of Burgesses were elected by colonists PLYMOUTH COLONY Colonists on the Mayflower signed a document called the Mayflower Compact. The Mayflower Compact created a direct democracy. Members of the colony would come together periodically, and vote on the direction the colony would take. Early English Colonies

16. The 13 Colonies

17. COLONIAL GOVERNMENTS

18. FRENCH & INDIAN WAR • The French & Indian War resulted from a land dispute between the French & the English. Fought in the mid 1750’s, the British came out of the war having gained territory in the Americas. • This war however had disastrous effects on the relationship between the British and the colonies. • Due to fighting with the French in the Americas and in Europe, England was in debt. The English felt that the colonies should pay for the French & Indian War. • The Colonists felt that protection was a part of the relationship between the British & The Colonies.

19. FRENCH & INDIAN WAR MAPS BEFORE AFTER

20. CAUSES OF THE AMERICAN REVOLUTION Navigation Acts (1660) Sugar Act (1764) Stamp Act (1765) Quartering Act (1765) Townshend Acts (1767) Writs of Assistance Proclamation Act (1767) Boston Massacre (1770) Tea Act (1773) Coercive (Intolerable) Acts (1774) Battles of Lexington & Concord (Massachusetts) COLONIALOPPOSITION Albany Plan of Union (1754) Sons of Liberty – Stamp Act Stamp Act Congress Committees of Correspondence Boston Tea Party Thomas Paine – Common Sense COLONIAL SOLUTUIONS 1st Continental Congress – drafted letter to King and Parliament demanding rights be restored. 2nd Continental Congress – DECLARATION OF INDEPENDENCE REVOLUTIONARY PERIODPeriod in the Americas betweenthe late 1750’s and the mid 1770’s.This period led to the Declaration of Independence and the Revolutionary War.

21. 13 Colonies in 1776

22. 2nd Continental Congress • Declaration of Independence (1776) • Revolutionary War (1776-1783) • Articles of Confederation (1781) • Treaty of Paris (1783)

23. Treaty of Paris (1783) • United States gains Independence • British troops to leave US soil • United States gains land to the Mississippi River

24. United States in 1783

25. ARTICLES OF CONFEDERATION GOVERNMENT • Congress – Each State had one Vote. Powers of Congress • Make Laws • Declare War & Make Peace • Make Treaties & Alliances • Borrow Money • Maintain Army & Navy • Other Less Important Matters

26. Weaknesses of the Articles of Confederation • Congress – Limited Powers (most needed 9 of 13 states to agree) • No Executive Branch – Enforce Laws • No Judicial Branch – Settle State Disputes • No Power to Tax • No Money = No Military • Amendments – Needed Approval of all 13 States

27. Major Issues under the Articles of Confederation • British troops have not left US soil. • French/Spanish will not allow use of Mississippi River. • Debts contracted during the Revolutionary War have not been paid. • Shay’s Rebellion. • Economy is very poor.

28. VIRGINIA PLAN 3 Separate Branches (legislative will elect other 2) Bicameral Legislature (based on population & $ contributions) Authority to cancel conflicting state laws NEW JERSEY PLAN Unicameral Legislature (1 vote) Plural Executive – selected by Congress Supreme Court – appointed for life by the executive GREAT COMPROMISE (AKA – Sherman or Connecticut) 1) Congress – Bicameral House of Representatives – based on population, directly elected by the people Senate – 2 Representatives per state – chosen by state legislatures 2) 3/5 Compromise – Every 5 Slaves would count as 3 persons for population & taxing 3) Economics President enters into treaties Slave trade not prohibited (20 years) Congress cannot tax exports Treaties – 2/3 Senate approval The Constitutional Convention

29. FEDERALISTSPeople who supported the Ratification (Approval) of the Constitution • Wrote acollection of essays in support of the new Constitution. • The purpose of the essays was to show how the new Constitution would solve many of the problems that existed under the Articles of Confederation. • Three men combined to write 85 of the essays.

30. ANTI-FEDERALISTSPeople who opposed the ratification of the new Constitution. • Criticized the adoption of the Constitution of 1787. • Opposition to slavery – continue to exist under the new Constitution. • States would lose power under the Constitution. • Federal Government would be too powerful. People still fear a strong central government. • #1 opposition – NO BILL of RIGHTS! • Anti-Federalists (Patrick Henry, Samuel Adams, John Hancock, Richard Henry Lee, George Mason)

31. THE CONSTITUTION • PREAMBLE • A preamble is an introduction. The introduction to the Constitution lists the goals of the Constitution. • The goals of the Constitution refer to problems under the Articles of Confederation. • GOALS OF THE CONSTITUTION • Form a More Perfect Union • Establish Justice • Insure Domestic Tranquility • Provide for the Common Defense • Promote the General Welfare • Secure the Blessings of Liberty to Ourselves and Our Posterity

32. STRUCTURE OF THE CONSTITUTION 7 ARTICLES OF THE CONSTITUTION Article I Legislative Branch Article II Executive Branch Article III Judicial Branch Article IV States and the Federal Government Article V Amendment Process Article VI Supremacy of National Law Article VII Ratification

33. ARTICLE I: LEGISLATIVE BRANCHCONGRESS (BICAMERAL) – PURPOSE = MAKE LAWS Section 1: Name = Congress – Bicameral (House of Reps & Senate) Section 2: House of Representatives Section 3: Senate Section 4: Congressional Elections & Congressional Meetings Section 5: Rules for Conducting Business in Congress Section 6: Congressional Salaries Section 7: How a Bill Becomes a Law Section 8: Powers of Congress Section 9: Powers Denied to Congress Section 10: Powers Denied to the States

34. HOUSE OF REPRESENTATIVES Based on State Population Directly Elected by People MAJOR POWERS OF CONGRESS Tax Declare War Raise/Maintain and Army Regulate Interstate Trade Tax Imports Create Postal System Coin Money Create Lower Federal Courts SENATE 2 Per State Originally selected by State Legislatures Today Directly Elected POWERS DENIED CONGRESS Suspend Writ of Habeas Corpus Pass Bills of Attainder Ex Post Facto Law Tax Exports ARTICLE I: LEGISLATIVE BRANCHCONGRESS (BICAMERAL) – PURPOSE = MAKE LAWS

35. ARTICLE II: EXECUTIVE BRANCHPRESIDENT: PURPOSE – ENFORCE THE LAW Section 1: Presidential Election (Method, Qualifications, etc…) Section 2: Powers of the President Section 3: President & Congress Relationship Section 4: Impeachment & Cause for Removal

36. ROLES OF THE PRESIDENT Chief Executive Commander-in-Chief Legislative Leader Judicial Leader Chief of State Foreign Policy Maker POWERS OF THE PRESIDENT Enforce laws passed by Congress Send troops into battle Enter into Treaties Appoint Federal Judges Appoint Ambassadors Grant Pardons - Reprieves ARTICLE II: EXECUTIVE BRANCHPRESIDENT: PURPOSE – ENFORCE THE LAW

37. ARTICLE III: JUDICIAL BRANCHSUPREME COURT – PURPOSE – INTERPRET THE LAW Section 1: Supreme Court & Creating Lower Courts Section 2: Powers of the Supreme Court (Types of Cases) Section 3: Treason & Punishment for Treason

38. ARTICLE III: JUDICIAL BRANCHSUPREME COURT – PURPOSE – INTERPRET THE LAW SUPREME COURT • 9 Justices – Appointed by the President • Justices serve life terms. • Supreme Court oversees actions of Congress and the President. Court uses the Constitution to make sure government actions are Constitutional.

39. STATE to STATE Respect laws, contracts, etc.. Full Faith & Credit Extradition – send criminal to stand trial in other states. FEDERAL to STATE Rules for admitting new states to the Union Republican form of Government Protect against invasion ARTICLE IV: RELATIONS AMONG THE STATESThis article establishes what the states agree to do for one another, and what the federal government will provide to each state.

40. PROPOSAL Amendments to the Constitution must be approved by 2/3 of both houses of Congress to be proposed (or) 2/3 of the states call for a national convention for the proposal of an amendment RATIFICATION Amendments must be ratified by ¾ of the State Legislatures ARTICLE V: AMENDMENTSPROCESS BY WHICH CHANGES CAN BE MADE TO THE CONSTITUTION

41. ARTICLE VI: SUPREMACY OF NATIONAL LAW • All debts contracted under the Articles of Confederation will be honored by US Government • US Constitution, Federal Law, and Treaties are the Supreme Law of the Land (Supremacy Clause) • All Federal Public Officials will take an oath to protect and support the Constitution >

42. ARTICLE VII: RATIFICATION • For the Constitution to go into effect, it had to be ratified, approved by 9 of 13 states. RATIFICATION 9 of 13 STATES

43. The Bill of Rights • Amendment 1 – Freedom of Speech, Press, Religion, Petition, & Assembly • Amendment 2 – Right to Bear Arms • Amendment 3 – Quartering of Soldiers • Amendment 4 – Search & Seizure • Amendment 5 – Rights of the Accused • Amendment 6 – Requirements for a Jury Trial • Amendment 7 – Rules of Common Law • Amendment 8 – Limits on Criminal Punishment • Amendment 9 – Rights Kept by the People • Amendment 10 – Powers of the States and the People

44. Amendments 11-19 • Amendment 11 – Suits Against States • Amendment 12 – Presidential Election Method • Amendment 13 – Slavery Abolished • Amendment 14 – Civil Rights Guaranteed • Amendment 15 – Black voting Rights • Amendment 16 – Income Tax • Amendment 17 – Direct Election of Senators • Amendment 18 – Prohibition • Amendment 19 – Women’s Voting Rights

45. Amendments 20-27 • Amendment 20 – Terms of Office and Presidential Succession • Amendment 21 – Repeal of Prohibition • Amendment 22 – Limits on Presidential Terms • Amendment 23 – Electors for the District of Columbia • Amendment 24 – Abolition of Poll Tax • Amendment 25 – Presidential Disability • Amendment 26 – Voting Age • Amendment 27 – Congressional Pay