+ unit 1: introduction to the constitution and the government
TRANSCRIPT
+Government in General- What is government?
Government: An institution through which society makes and enforces public policies.
Public Policy? all the things that government decides to do Power? Government must have some power in order to
make and enforce public policies Legislative power: make laws and frames public
policies Executive power: execute, enforce and administer laws Judicial power: interpret laws, determine the meaning
of laws and settle disputes that arise because of laws Constitution: written document that outlines the
principles, structures and processes of government.
+Government in General- What is government?
Responsibility to exercise powers above (and listed usually by a constitution) may be held by one person, a group of people, or all people. Dictatorship: government where responsibility to make
and exercise powers rests in one person Oligarchy: rests in a group of people Democracy: rests in all people that government covers
US is a Republican Democracy (we will discuss later)
+Government in General- What is government?
Do we need a government? “Why has government been instituted at all? Because
the passions of me will not conform to the dictates of reason and justice, without constraint” Alexander Hamilton (1787)
“What is government itself but the greatest of all reflections on human nature? If men were angels, no government would be necessary.” James Madison (1788)
+Government in General- What is government?
Is government and politics the same thing? Government is an organized structure that makes laws Politics is the process and decision making on how
government should make laws They are intertwined but are 2 different things
+Government in General- What is a State?
State: body of people, living in a defined territory, organized politically (which is a government), and with power to make and enforce law without the consent of any higher authority.
Also called “nation” or “country” Nation: ethnic term Country: geographic term State: legal term
Population: people who live in the state Territory: actual land with recognized boundaries Sovereignty: supreme, absolute power within its own territory
and can decide its own foreign and domestic policies (no other state can tell them otherwise)
Government: discussed above
+Government in General- Where do States and Governments come from?
Force Theory: someone said “this is mine”, you live here and listen to me, and here is what I am going to do transition from hunter gatherer to farming
Evolutionary Theory: developed from families creating “government” and that transferring out tribes to farms
Divine Right Theory: God created the state and God chose a royal line 15th to 18th century Western world good example
Social Contract Theory: state rises out of the voluntary free act of people. The state exists to serve the needs of the people and the state gets its power from the people Locke and Rousseau (Enlightenment)
+Governments in General-Purpose of our Government?
“We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.”
Preamble to the Constitution
+Governments in General-Purpose of our Government?
We the People: enough said here Form a more perfect union: a Constitution equal strength and linking
people together on common ideals of what a government should do out of a social contract with its people
Establish justice: hard to define law and administration of laws, must be reasonable, fair and impartial
Insure domestic tranquility: keeping peace and order at home so people can live within a state without constant fear of death or loss
Provide for the common defense: defending the nation against foreign enemies to again protect its people from constant fear of death or loss
Promote the general welfare: the concern of the government for the health, peace, morality, and safety of its citizens. Policies should reflect such concerns
Secure the blessings of liberty: the state of being free within society from oppressive restrictions imposed by authority on one's way of life, behavior, or political views. This not absolute liberty, but relative liberties that need to be defined for the general welfare of all.
+Governments in General-Purpose of our Government?
Our Constitution sets up the following: Defines our form of government structure Frames the purpose of our government Gives powers and responsibilities to various institutions
to: Make laws and frame public policy Execute, enforce and administer laws Interpret laws, determine the meaning of laws and
settle disputes that arise because of laws And discusses how the people are part of the process
+Government in General- Democracy
Worth of the individual
Equality of all persons
Majority rule, minority rights
Necessity of compromise
Individual freedom
+Origins of our Government- We were British colonists
We came over and established these 3 basic concepts from England
Ordered Government: Establish government Limited Government: Establish restrictions on what the
government can and can not do (Constitution) Magna Charta (1215) Petition of Right (1628) English Bill of Rights (1688)
Representative Government: People are involved in the process of determining direction of the government (see above docs)
+Origins of our Government- We were British colonists
Different colonies different interpretation of 3 basic concepts Royal direct control by Britain (8 of 13)
Governor (king selects) Council (king selects) upper house of legislature and judicial Legislature elected by property owners Laws and appeals approved by 1 and King
Proprietary direct control by land owner granted by King (3 of 13) Proprietor (king selects) and owns land Governor (selected by Proprietor) Council (selected by Proprietor) upper house of legislature and judicial Legislature elected by property owners Laws and appeals approved by 1 and King
Charter land given to a group of colonists (2 of 13) Governor (elected by property owners, King approval) Legislature (elected by property owners) Judicial (selected by legislature) Laws not subject to 1 or King, but appeals were
+Origins of our Government- Demands for Independence
Historical struggle between people and King, legislature and monarchy, self government and absolute rule
Taxes were the final straw Stamp Act (1765): required use of tax stamps on all legal documents on certain
business agreements and on newspapers pushed on colonists without any representation in British parliament on conversation
Boycotts and protests emerged Boston Massacre (1770) and Boston Tea Party (1773)
Intolerable Acts (1774) prompts colonists to meet in mass to discuss situation 1st Continental Congress (Sept. 1774)
Declaration of Rights sent to King George III and colonists refuse trade, etc. until demands met
2nd Continental Congress (May 1775) Lexington and Concord (April 1775) shots heard round the world All 13 colonies representedlegislative? Technically US 1st’s national government from 1776-1781but no Constitution
John Hancock (president of Congress) George Washington (commander in chief of continental army)
+Origins of our Government- Demands for Independence
Declaration of Independence- July 4, 1776
States start creating individual constitutions to organize their newly formed governments
Basic Principles (we will explore looking at State and US constitutions) Popular sovereignty Limited government Civil rights and liberties Separation of powers Checks and balances
+Origins of our Government- The Articles of Confederation
(1781-1789) our 1st US Constitution November 1777 ratification (formal approval) required all
13 states (1781) Constitution: written document that outlines the
principles, structures and processes of government Principles: “a firm league of friendship” among States.
Each state would be sovereign, free and independent with the exception of anything written for the US within the document. States should come together for common defense, security of liberties and mutual/general welfare.
+Origins of our Government- The Articles of Confederation Government structure and processes:
Legislative power: Unicameral (one branch) Congress Representation: delegates chosen by the States in whatever way they
chose. Each State had one vote regardless of population/geographic size Power: war and peace; send and receive ambassadors; borrow money; set
up a money system; establish post offices; build a navy; raise an army by asking States for troops; uniform standard of weights/measures; settle disputes among States
Executive power: Each year, one person from Congress would be chosen as president Presiding officer of Congress Officers of the bureaucracy would be appointed by Congress to enforce
laws Judicial power:
No judicial power established
+Origins of our Government- The Articles of Confederation
Weaknesses: One vote for each State, regardless of size Congress powerless to lay and collect taxes or duties Congress powerless to regulate foreign or interstate
commerce No executive to enforce acts of Congress No national court system Amendment only with consent of all States A 9/13 majority required to pass laws Articles only a “firm league of friendship
+Origins of our Government- The Articles of Confederation
1781-1787: Critical Period War ends and States start bickering over power,
responsibilities, commerce, etc. US government was not given the power or ability to
provide unity Shays Rebellion (1786): protests over economic
conditions led to riots and the State of Massachusetts was unable to get real assistance from the central government due to lack of money, support and power that the central government had.
+Origins of our Government- Creating the Constitution
May 1787, 12 of 13 States sent 55 delegates to Philadelphia to address the weaknesses and concerns over the Articles of Confederation and the ineffectiveness of the newly created United States of America These 55 individuals are known as the Framers
The lessons of experience State constitutions
Pennsylvania: too strong, too democratic Massachusetts: too weak, less democratic
Shays's Rebellion led to the fear the states were about to collapse
+Origins of our Government- Creating the Constitution
The Framers Who came: men of practical affairs Intent to write an entirely new constitution Lockean influence: natural rights, equality Doubts that popular consent/sovereignty could guarantee
liberty Results: “a delicate problem:” need strong
government for order but one that would not threaten liberty
+Origins of our Government- Creating the Constitution
The Great Compromise The Virginia Plan (big states)
Two key features of the plana. National legislature with supreme powersb. One house elected directly by the people
The New Jersey Plan (small states) Two key features of the plan
Proposed one vote per state Protected small states' interests
+Origins of our Government- Creating the Constitution
The Connecticut Compromise or the Great Compromise House of Representatives based on population Senate of two members per state Reconciled interests of big and small states
Three-fifths Compromise: all “free persons” should be counted for population and “3/5ths of all other persons”. Used for representation and tax formulas
Commerce and Slave Trade Compromise: Congress forbidden the power to tax export of goods from any State and forbidden to act on slave trade for a period of 20 years.
+Origins of our Government- Ratifying the Constitution The Constitution could not go into effect until 9 of 13 states ratified
(formally agreed). A battle started between those who supported and those who opposed the Constitution, lasting from 1787-1788 (the last State to ratify was in 1790!)
Federalists: those who favored ratification and supported the newly created Constitution Stressed the weaknesses of the Articles of Confederation Feel that a stronger, more centralized national government would be
able to address more of the weaknesses and make the Republic stronger
Anti-Federalists: those not in support of ratification (attacked pretty much every part of the new document) Greatly increased powers of the central government created concerns
over sovereignty and power of States Lack of a bill of rights.
+Origins of our Government- Ratifying the Constitution
The Ratification by New York leads to the Federalist papers debate Federalist Papers: 85 essays written by John Jay,
Alexander Hamilton and James Madison discussing why we need to ratify the proposed Constitution
Anti-Federalist Papers: collection of about 85 essays written by various individuals discussing why we need to abandon or change some of the proposals of the Constitution
+The Constitution of the United States-The Constitution Constitution: written document that outlines the principles, structures and
processes of government Shortabout 7,000 words Preamble: introduction to the Constitution and outlines the principles of our government Articles: structures and processes of our government
Articles I-III deal with the 3 branches of the National Government. Outline the basic organization, powers of each branch and the methods by which the members of these 3 branches are chosen Congress President Judiciary
Article IV deals with the place of States in the American union and their relationship with the National Government and each other.
Article V explains how formal amendments may be added to the Constitution Article VI declares that the Constitution is the nation’s supreme law.
This is known as the Supremacy Clause Article VII states the requirements for ratification of the Constitution
The 7 articles are then followed by the 27 amendments that we have formally added to the Constitution through the Article V process
+The Constitution of the United States-The 6 basic principles
The Preamble to the Constitution declares in its opening words the principles that we are going to establish with our Constitution. Look back to Government in General, Part IV.
Popular Sovereignty: “We the people”
Limited government: “We the people”, Social contract theory
Separation of powers: “form a more perfect union”, “establish justice”, and limit the government
Checks and balances: “form a more perfect union”, “establish justice”, and limit the government
+The Constitution of the United States-The 6 basic principles
Judicial Review: all of the preamble Judicial review: the power of the courts to determine
whether what the government does is in accordance with the Constitution
Unconstitutional: to declare illegal, null and void, or no force or effect a government action found to violate some provision of the Constitution
Marbury v Madison (1803): US Supreme Court established judicial review as implied by their enumerated powers in the Constitution
Federalism: “form a more perfect union”
+The Constitution of the United States-Article V the formal amendment process The purpose of this article is to allow the Constitution to
change based on changes in our society. The framers knew that we couldn’t have a stagnant document
to govern us; but one that can be amended (or changed) based on the concerns and needs of its people (who have the power).
There are 4 formal methods to change the Constitution all 4 methods show elements of the following: Popular sovereignty: expression of people’s sovereign will Federalism: National and State Limited government: process takes a while limiting major
changes happening quickly and without the expressed will of the people
+The Constitution of the United States-Article V the formal amendment process
All 4 formal methods require a super majority (more than 67%) of all parties voting for something, to make the changes.
All 4 formal methods require a group to propose (ask the question) and a group to ratify (approve) an amendment.
+The Constitution of the United States-Article V the formal amendment process
What can and has been proposed? Only one restriction: you can not propose an amendment
that deprives equal suffrage in the Senate there must be 2 senators per state
10,000 joint resolutions from Congress have been proposed to amend the Constitution 33 have been sent to the States 27 have been ratified (our 27 amendments)
Congress has set a 7-year deadline for ratification if not ratified in 7 years, then it needs to start over.
+Federalism-Why do we have federalism as a major principle in the US Constitution and government structure? Balancing a central government that would be strong enough to meet
demands of the nation yet preserve the strength and individuality of existing and new States.
Fear of England government structure yet Articles of Confederation didn’t work
Federalism would do the following: Provide multiple opportunities for popular sovereignty Limit our national and state and local governments Provide separate powers and responsibilities based on needs of States and
National Create a checks and balances based on the Supremacy Clause, 10th
amendment And ensure the government is restrained to protect our liberties
+Federalism: system of government where division of power among a central government and several regional governments
Territorially focused Each have a substantial set of powers based on popular
sovereignty and Constitutions Neither level, acting alone, can change basic divisions of
power creating some limitations Operates through its own agencies and acts through its own
laws and officials
+Federalism- National Government and Federalism
Powers of the National Government delegated powers National government only has the powers delegated (granted) to it
in the Constitution Expressed powers literally written out as delegated to the
National government Also called enumerated powers
Implied powers that are not written out as delegated but are reasonably suggested by the expressed powers in the Constitution, so they are powers Necessary and proper clause (elastic clause) is an example
Inherent powers that belong to the National Government because it is a government of a sovereign state within the world community Power to regulate immigration because National Government is
sovereign over territory and who is allowed in it.
+Federalism- National Government and Federalism
Powers denied the National Government Constitution also denies certain powers to the National
Government Expressed Article I, section 9, Amendments 1-8 Not mentioned= reserved to the states (10th amendment)
+Federalism- State governments and federalism Powers of the State Governments
Reserved powers of the 10th amendment states that any power not expressly written for the National Government is reserved to the State. Which is a lot of stuff.
Most of what government does in our country today is done by States (and local governments)
Powers denied the State Governments Expressed Article I section 9, Amendments 13-15, 19, 24 and 26 State Constitutions create limits on the State government as well
Local Governments and Federalism Granted by States within their Constitutions and part of the State
delegating out certain activities best handled by local communities. We will discuss more later
+Federalism-concurrent powers
Concurrent Powers: powers that both the National and State Governments possess Exercised separately and simultaneously Not denied to States or exclusively granted
to the National Government
+Federalism-Supreme Law of the Land
Article VI (Supremacy Clause): the Constitution of the United States is the supreme law of the land and holds together the complex structure of the United States.
Principles of the Constitution and the Supreme Court Supreme Court officiates in situations of conflict between
the National and State and Local Governments. Supremacy wins out many times.
McCulloch v. Maryland (1819): Congress created the 2nd Bank of the United States and the Maryland State legislature (trying to cripple) started taxing the bank Supremacy clause (State can not stop the ability of the National Government operating in a constitutionally expressed manner of being able to create a bank)
+Federalism- the relationship of the National government and the 50 states In this country, power to govern is shared. Conflicts
arise and cooperation is necessary
Nation’s obligation to States Requiring Republican (representative) forms of government
be established and followed by all States within the United States
Protect states from invasion and internal disorder Respect their territorial integrity
+Federalism- the relationship of the National government and the 50 states Admitting new States?
Congress has the power to do so Article IV Group must have a territory (not controlled by another
State) Create a Constitution Voters approve send to Congress Congress approves
State