American Government Unit 1

1. American GovernmentUnit 1 Chapter 1 Principles of Government Chapter 3 The Constitution Chapter 4 Federalism

2. Chapter 1: Objectives • Section 1 • Objective: to identify the purposes for which government exists. • Section 2 • Objective: to identify the major forms of government in the world today. • Section 3 • Objective: Identify the major concepts of American Democracy

3. Characteristics of the State The State (four characteristics) • Government – consists of the machinery and personnel by which the state is ruled. • Sovereignty – supreme power within the state and territory • Population – a state consists of people. • Territory – a state must have land.

4. Origins of the State (four) • The Force Theory • A person or group forced control over an area and people. • The Evolutionary Theory • States originated in the family. • The Divine Right Theory • God gave individuals or groups the right to rule. • The Social Contract Theory • People agreed to give up power to the state in return for the state’s service to the general well-being of the people.

5. To Form a More Perfect Union in union there is strength. To Establish Justice the law should be administered reasonably, fairly, and impartially. To Insure Domestic Tranquility without order, people would live in anarchy. Provide for the Common Defense the state’s security rests on wise defense and foreign policies. To Promote the General Welfare the state has a responsibility to provide a variety of public services. To Secure the Blessings of Liberty freedom is necessary for a democracy. The Purpose of Government (six)

6. Geographic Distribution of Power • Unitary Government • Power is held in a single, central agency. • Federal Government • Powers are divided between a central government and several local governments. • Confederate Government • The central government has limited power with the most important authority reserved for member states.

7. Relationship Between Legislature and Executive Branches • Presidential Government • Executive and legislative branches are independent and coequal. • Parliamentary Government • Members of the executive branch are also members of the legislative branch (the parliament).

8. The Number Who Can Participate • Dictatorship • Participation in government is limited to the individual or group who rules. • Democracy • the people hold the power and give consent to the government to rule.

9. The Foundations of Democracy • The fate of American democracy rests on the people’s acceptance of certain basic concepts. • The acceptance of the basic concepts of democracy presents Americans with problems and challenges.

10. Fundamental Worth of the Individual Democracy insists on the worth and dignity of all. Sometimes the welfare of one person must be subordinated to the interests of the many. Equality of All Persons Democracy insists on equality of opportunity. Democracy insists on equality before the law. The Foundations of Democracy

11. Majority Rule and Minority Rights Democracy argues that the majority will be right more often than wrong. Democracy searches for satisfactory solutions to public problems. The majority must recognize the right of the minority to become the majority. Necessity for Compromise Compromise allows citizens to make public decisions. Compromise is not an end in itself; rather a means to reach a public goal. The Foundations of Democracy

12. The Foundations of Democracy • Individual Freedom • Freedom cannot be absolute, or anarchy will result. • American democracy strives to strike a balance between liberty and authority.

13. Chapter 3: Objectives • Section 1 Objective: • to understand the meaning of the basic principles of the American constitutional system in both their historical and current settings. • Section 2 Objective: • to identify the processes of constitutional change and development by formal amendment. • Section 3 Objective: • to understand the processes of constitutional change and development by informal amendment.

14. 1.) Popular Sovereignty Government can govern only with the consent of the governed. Sovereign people created the Constitution and the government. 2.) Limited Government Government may do only those things that the people have given it the power to do. The government and its officers are always subject to the law. 6 Basic Principles of the Constitution

15. 6 Basic Principles of the Constitution 3.) Separation of Powers • The Constitution distributes the powers of the National • Government among Congress (Legislative Branch), the President (Executive Branch), and the courts (Judicial Branch). • The Framers of the Constitution created a separation of powers in order to limit the powers of the government and to prevent tyranny • Too much power in the hands of one person or a few people.

16. 6 Basic Principles of the Constitution 4.) Checks and Balances • Each Branch of government was subject to a number of constitutional restraints by the other branches. • Although there have been instances of spectacular clashes between branches, usually the branches of government restrain themselves as they attempt to achieve their goals. • Stops an unjust concentration of power

17. 6 Basic Principles of the Constitution 5.)Judicial Review • Through the landmark case Marbury v. Madison (1803), the judicial branch possesses the power to determine the constitutionality of an action of the government. • In most cases the judiciary has supported the constitutionality of government acts. • but over 130 cases the courts have found congressional act to be unconstitutional. • they have voided thousands of acts of State and local governments.

18. 6 Basic Principles of the Constitution 6.) Federalism • Federalism is the division of political power among a central government and several regional governments. • United States federalism originated in American rebellion against the edicts of a distant central government in England. • Federalism is a compromise between a strict central government and a loose confederation, such as that provided for in the Articles of Confederation.

19. Formal Amendment Process • First Method • Amendment is proposed by Congress by a two-thirds vote in both houses, then ratified by three-fourths of the State legislatures. • Second Method • Amendment is proposed by Congress by a two-thirds vote in both houses, then ratified by special conventions in three-fourths of the States.

20. Formal Amendment Process • Third Method • Amendment is proposed at a national convention when requested by two-thirds of the State legislatures, then ratified by three-fourths of the State legislatures. • Fourth Method • Amendment is proposed at a national convention called by Congress when requested by two-thirds of the State Legislatures, then ratified by special convention held in three-fourths of the States.

21. The 27 Amendments • The Bill of Rights • The first 10 Amendments are called the “Bill of Rights” • because they set out the great constitutional guarantees of freedoms for the American people.

22. Bill of Rights Amendment I • Congress shall make no law respecting an • establishment of religion, • or prohibiting the free exercise thereof; • or abridging the freedom of speech, • or of the press; • or the right of the people peaceably to assemble, • and to petition the government for a redress of grievances. Amendment II • A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.

23. Bill of Rights Amendment III • No soldier shall, in time of peace be quartered in any house, without the consent of the owner Amendment IV • The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, • and no warrants shall issue, but upon probable cause, supported by oath or affirmation, • and particularly describing the place to be searched, and the persons or things to be seized.

24. Bill of Rights Amendment V • No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury; • nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; • nor shall be compelled in any criminal case to be a witness against himself, • nor be deprived of life, liberty, or property, without due process of law; • nor shall private property be taken for public use, without just compensation.

25. Bill of Rights Amendment VI • In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, • by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, • and to be informed of the nature and cause of the accusation; • to be confronted with the witnesses against him; • to have compulsory process for obtaining witnesses in his favor, • and to have the assistance of counsel for his defense.

26. Bill of Rights Amendment VII • In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, • and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law. Amendment VIII • Excessive bail shall not be required, • nor excessive fines imposed, • nor cruel and unusual punishments inflicted.

27. Bill of Rights Amendment IX • The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. Amendment X • The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

28. The 27 Amendments • The Civil War Amendments (13th, 14th, and 15th) combined to end slavery • defined American citizenship • proclaimed the rights of due process and equal protection of the law • outlawed restrictions on the right to vote based on race, color, or previous condition of servitude. • Other amendments further define the workings of government, empower the government in certain ways, or deal with important social issues

29. Informal Amendment Process Basic Legislation • Congress can pass laws that spell out some of the Constitution’s brief provisions. • Congress can pass laws defining and interpreting the meaning of constitutional provisions

30. Informal Amendment Process Executive Action • Presidents have used their powers to delineate unclear constitutional provisions, for example, making a difference between Congress’s power to declare war and the President’s power to wage war. • Presidents have extended their authority over foreign policy by making informal executive agreements with representatives of foreign governments, avoiding the constitutional requirement for the Senate to approve formal treaties.

31. Court Decisions The nation’s courts interpret and apply the Constitution as they see fit, as in Marbury v. Madison. The Supreme Court has been called “a constitutional convention in continuous session.” Party Practices Political parties have been a major source of informal amendment. Political parties have shaped government and its processes by: holding political conventions organizing Congress along party lines injecting party politics in the process of presidential appointments Informal Amendment Process

32. Informal Amendment Process Custom • Each branch of government has developed traditions that fall outside the provisions of the Constitution. • An example is the executive advisory body known as the President’s cabinet.