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U.S . Government Today . . . How Did We Get Here?!&%^#). “Divine Right” Political Philosophy . Well, first there was a king. (King George III). “Enlightenment” Political Philosophy .
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“Divine Right” Political Philosophy Well, first there was a king. (King George III)
“Enlightenment” Political Philosophy Popular Sovereignty: a doctrine in political theory that government is created by and subject to the will of the people. Republic: a government in which supreme power resides in a body of citizens entitled to vote and is exercised by elected officers and representatives responsible to them and governing according to law. Federalb: a form of government in which power is distributed between a central authority and a number of constituent territorial units
The Constitution Created a “Limited Government” The drafters of the Constitution purposefully created a federal government limited in its authority to pass laws only in the areas listed in Article 1. Rest of authority given to the States or the people (in the Bill of Rights) themselves.
Bill of Rights • Defines and guarantees the fundamental rights of all Americans: • Freedom of religion, speech and press • Right to bear arms • Freedom from unreasonable search and seizure • Rights of accused not to incriminate self, not be tried twice, etc. • Right of accused to speedy, fair trial • No cruel and unusual punishment . Plus fair bail.
Federalism Separation of power between the federal (national) level of government and the state levels.
Levels of Government/Levels of Laws Local Government=Local laws (ordinances) State Government=State laws (statutes) Federal Government=Federal laws (statutes)
Supremacy Clause Federal law is superior to and overrides state law when they conflict.
Federalism and the Courts Because of federalism, we have BOTH federal courts and state courts.
Separation of Powers Three branches with different powers: Legislative: Makes Laws Executive: Enforces Laws Judicial Branch: Interpret Laws
Checks and Balances Each branch has the power to “check” the powers of the other two branches. EX. The legislative branch can override a presidential veto.
Judicial Review Courts can declare laws unconstitutional.