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the jerry perez experiment

UNIT 1 WORKBOOK Foundations of American Government

REVISED FOR APGOV REDESIGN Lesson 1 Defining Democracy Declaration of Independence Lesson 2 Roots of the American Constitutional Experiment

Conflict and Compromise Lesson 3 Brutus #1 Federalist #10 Federalist #51

Checks & Balances of the Three Branches Who’s Checking Who – Checks & Balances

Lesson 4 Formal Amendments Amendments 1-27 Informal Amendments Lesson 5 Defining Federalism Advantages and Disadvantages of Federalism Lesson 6 Powers of the Government Expansion of Central Government Powers Lesson 7 Centralists Versus Decentralists Lesson 8 Fiscal Federalism and Regulatory Federalism


APGov Name___________________________ Unit 1, Lesson 1 WB Date__________________ Per.______

DEFINING DEMOCRACY

Direct Democracy

Representative Democracy

Models of Democracy Participatory Democracy

Pluralist Democracy

Elite Democracy

Democratic Ideals

• Limited government

• Natural rights

• Popular sovereignty

• Republicanism

• Social Contract



DECLARATION OF INDEPENDENCE Watch it! – What you might not know about the Declaration of Independence (Ted-Ed) (3:38)

SWTK: The Declaration of Independence provides a foundation for popular sovereignty.

1. Who was the primary writer of the Declaration of Independence? When was the document adopted? (month/day/year)

2. Which country were the colonies declaring their independence from? 3. What was the purpose of the Declaration of Independence?

4. Identify the three natural or unalienable rights of individuals (written in the 1776 context as men) as stated in the Declaration of Independence?

a. b. c.

5. According to the Declaration of Independence, from whom do governments get their power? 6. According to the Declaration of Independence, what should people do when the government abuses its

power? 7. List 3 of the grievances by the colonists that are identified in the Declaration of Independence. (Hint: There

are a lot of them.) a.

b.

c.

8. As a show of support to the Declaration, what did the signers pledge to each other? (Last paragraph)



ROOTS OF THE AMERICAN CONSTITUTIONAL EXPERIMENT

What was the Articles of Confederation? Structure of the Articles

Flaws of the Articles

Shays’ Rebellion

Consensus at the Constitutional Convention



CONFLICT AND COMPROMISE

New Jersey Plan

Virginia Plan

ê ê Connecticut Compromise

3/5 Compromise

Slave Trade Compromise The Electoral College

To Adopt or Not to Adopt? Federalists

Antifederalists

What were The Federalist Essays?



BRUTUS #1

In order to develop a comprehensive understanding of the American Founding, it is important to also understand the Anti-Federalist objections to the ratification of the Constitution. Among the most important of the Anti-Federalist writings are the essays of Brutus. The Brutus essays provide the most direct and compelling rebuttal of the Federalist argument. 1. Which form of government (a large national republic or a confederation of small republics) is more likely to

preserve and protect personal liberties? Why? 2. Can a larger republic, based on the principle of consent of the governed, sufficiently protect the rights and

liberties of the individual states and people, or is a confederation the only method of securing such liberty? 3. Should the federal legislature be able to repeal state laws in order to impose federal laws for the purpose of

promoting the general welfare or common defense of the nation? If yes, why? If no, why not? 4. Brutus argues that in a republic, “the manners, sentiments, and interests of the people should be similar…if

not, there will be a constant clashing of opinions and the representatives of one part will be constantly striving against the other.” Should a republic be made up of a small group of like-minded people? Or, is diversity of opinion beneficial to the success of a federal government?



FEDERALIST #10 1. AMONG the numerous advantages promised by a well-constructed Union, none deserves to be more accurately

developed than its tendency to break and control the violence of faction. The friend of popular governments never finds himself so much alarmed for their character and fate as when he contemplates their propensity to this dangerous vice. Question – What is the most dangerous thing to a united America?

2. By a faction I understand a number of citizens, whether amounting to a majority or minority of the whole, who

are united and actuated by some common impulse of passion, or of interest, adverse to the rights of other citizens, or to the permanent and aggregate interests of the community. Question – What is a faction?

3. There are two methods of curing the mischiefs of faction: the one, by removing its causes; the other, by

controlling its effects. Question – What are the 2 ways to control factions?

4. There are again two methods of removing the causes of faction: the one, by destroying the liberty which is

essential to its existence; the other, by giving to every citizen the same opinions, the same passions, and the same interests. Question – What are the 2 ways to remove the causes of factions?

5. It could never be more truly said than of the first remedy [destroy liberty] that it is worse than the disease.

Liberty is to faction, what air is to fire, an aliment without which it instantly expires. But it could not be a lesser folly to abolish liberty, which is essential to political life, because it nourishes faction than it would be to wish the annihilation of air, which is essential to animal life, because it imparts to fire its destructive agency. Question – Why is destroying liberty a negative thing?

6. The latent causes of faction are thus sown in the nature of man; and we see them everywhere brought into

different degrees of activity, according to the different circumstances of civil society…But the most common and durable source of factions has been the various and unequal distribution of property. Those who hold and those who are without property have ever formed distinct interests in society. Those who are creditors, and those who are debtors, fall under a like discrimination. Question – What is the oldest and most common faction?

7. The inference to which we are brought is that the causes of faction cannot be removed; and that relief is only to

be sought in the means of controlling its effects. Question – What conclusion does Madison come to?


8. If a faction consists of less than a majority, relief is supplied by the republican principle, which enables the majority to defeat its sinister views by regular vote. It may clog the administration, it may convulse the society; but it will be unable to execute and mask its violence under the forms of the Constitution. Question – Why do the people not have to worry about the minority faction?

9. When a majority is included in a faction, the form of popular government, on the other hand, enables it to sacrifice to its ruling passion or interest both the public good and the rights of other citizens. To secure the public good and private rights against the danger of such a faction, and at the same time to preserve the spirit and the form of popular government, is then the great object to which our enquiries are directed. Question – Why do the people NEED to worry about a majority faction?

10. The two great points of difference between a democracy and a republic are: first, the delegation [size] of the

government, in the latter [republic], to a small number of citizens elected by the rest; secondly, the greater number of citizens and greater sphere of country over which the latter [republic] may be extended. Question – What are 2 positive things about a republic?

11. The effect of the first difference is, on the one hand, to refine and enlarge the public views by passing them

through the medium of a chosen body of citizens, whose wisdom may best discern the true interest of their country and whose patriotism and love of justice will be least likely to sacrifice it to temporary or partial considerations. Question – What are the 2 reasons elected representatives are better than a democracy?

12. In the first place it is to be remarked that however small the Republic may be, the Representatives must be raised to a certain number, in order to guard against the cabals of a few; and that however large it may be, they must be limited to a certain number, in order to guard against the confusion of a multitude. Hence, the number of representatives in the two cases not being in proportion to that of the constituents, and being proportionally greatest in the small republic, it follows that if the proportion of fit characters be not less in the large than in the small republic the former will present a greater option, and consequently a greater probability of a fit choice. Question – Is it possible to have as many representatives as people, if the government wants to prevent abuse of power? Question – Which republic will have a greater chance of having better choices when choosing a representative?

13. Hence, it clearly appears that the same advantage which a republic has over a democracy in controlling the

effects of faction is enjoyed by a large over a small republic-is enjoyed by the Union over the States composing it. The influence of factious leaders may kindle a flame within their particular States but will be unable to spread a general conflagration through the other States. Question – Does Madison want a strong central government or does he want to keep the confederacy of the Articles of Confederation?



FEDERALIST #51 1. Explain the following: “If men were angels, no government would be necessary. If angels were to govern

men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself. A dependence on the people is, no doubt, the primary control on the government; but experience has taught mankind the necessity of auxiliary precautions.”

2. In a republican government, which branch is the strongest? Identify three ways of “remedying this

inconveniency”.

3. Madison’s three “AUXILIARY PRECAUTIONS” are 1) Separation of Powers, 2) Checks and Balances, and 3)

Federalism. How do these prevent tyranny?

SEPARATION OF POWERS CHECKS AND BALANCES FEDERALISM Definition:

Real world example:

Definition:

Real world example:

Definition:

Real world example:



CHECKS AND BALANCES OF THE THREE BRANCHES

LEGISLATIVE BRANCH – MAKES THE LAW LEGISLATIVE OVER EXECUTIVE

-Congress over President- LEGISLATIVE OVER JUDICIAL -Congress over Supreme Court-

1. refuse to confirm Pres. appointments

2. refuse to ratify treaties 3. declare war 4. impeach and remove the Pres. and V.P. 5. override a Presidential veto

1. propose amendments to overturn Court decisions

2. impeach and remove federal judges 3. refuse to confirm Supreme Court judges

EXECUTIVE BRANCH – ENFORCES THE LAW

EXECUTIVE OVER LEGISLATIVE -President over Congress- EXECUTIVE OVER JUDICIAL

-President over Supreme Court- 1. veto acts of Congress

2. suggest laws or policies

3. send troops

1. appoints federal judges

2. pardon federal offenders

3. can “refuse” to enforce judicial rulings

JUDICIAL BRANCH – INTERPRETS THE LAW

JUDICIAL OVER LEGISLATIVE -Supreme Court over Congress- JUDICIAL OVER EXECUTIVE

-Supreme Court over President- 1. appointed for life

2. declare acts of Congress unconstitutional

1. appointed for life 2. declare executive acts unconstitutional

Listed below are some of the checks and balances of the three branches of government. In the spaces provided write: • L if it is a power possessed by the legislative branch, • E if it is a power possessed by the executive branch, • J if it is a power possessed by the judicial branch.

1. ___ Can veto acts of Congress. 2. ___ Can impeach and remove the President and Vice-President. 3. ___ Can declare executive acts unconstitutional. 4. ___ Can propose amendments to overturn Court decisions. 5. ___ Appoints federal judges. 6. ___ Can override a Presidential veto. 7. ___ Appointed for life, so as to be free from executive and legislative control. 8. ___ Can refuse to confirm Presidential appointments. 9. ___ Can suggest laws or policies. 10. ___ Can declare acts of Congress unconstitutional. 11. ___ Can refuse to ratify treaties. 12. ___ Can pardon federal offenders. 13. ___ Can impeach and remove federal judges. 14. ___ Can declare war.



WHO’S CHECKING WHO – CHECKS AND BALANCES Listed below are some of the checks and balances of the three branches of government. In the spaces provided write which branch has the power and which branch’s power is being checked. (LEG = Legislative, EXEC = Executive, JUD = Judicial) 1. The ________ branch can refuse to confirm presidential appointments which checks the power of the ________

branch. 2. The ________ branch can pardon federal offenders which checks the power of the ________ branch. 3. The ________ branch can veto acts of Congress which checks the power of the ________ branch. 4. The ________ branch can declare acts of Congress unconstitutional which checks the power of the ________ branch. 5. The ________ branch can propose amendments to overturn Court decisions which checks the power of the ________

branch. 6. The ________ branch can refuse to confirm Supreme Court judges which checks the power of the ________ branch. 7. The ________ branch can override a presidential veto which checks the power of the ________ branch. 8. The ________ branch can impeach and remove federal judges which checks the power of the ________ branch.

9. The ________ branch can impeach and remove the president and V.P. which checks the power of the ________ branch.

10. The ________ branch can appoint federal judges which checks the power of the ________ branch. 11. The ________ branch can refuse to ratify treaties which checks the power of the ________ branch. 12. The ________ branch can suggest laws or policies which checks the power of the ________ branch. 13. The ________ branch is appointed for life which checks the power of the ________ branch and the ________

branch. 14. The ________ branch can declare war which checks the power of the ________ branch. 15. The ________ branch can send troops which checks the power of the ________ branch.



FORMAL AMENDMENTS

What is a formal amendment? Where in the Constitution are formal amendments discussed?

To date, all 27 formal amendments have been proposed by _______________________ and ratified by ________________________________________. This is a form of federalism.



ALL 27 FORMAL AMENDMENTS (All formal amendments have been proposed by Congress and ratified by the States)

A. 18-year-olds can vote B. African-Am. men right to vote C. Assembly D. Bail E. Bear arms F. Citizenship for former slaves G. Collect income taxes H. Confront witnesses I. Cruel and unusual punishment J. D.C. gets electoral votes K. Double jeopardy L. Due process from Fed govt M. Due process from State govt N. Electoral voting

O. Eminent domain P. Equal protection of the law Q. Illegal search and seizure R. Incorporated BoR to States S. Jury of your peers T. Limit on congressional raises U. Outlawed poll taxes V. Petition W. Powers reserved to the people X. Powers reserved to the states Y. Presidential disability Z. Presidential term limits AA. Press BB. Prohibition

CC. Prohibition ended DD. Public trial EE. Quartering of troops FF. Religion GG. Right to a lawyer HH. Self-incrimination II. Senators elected by people JJ. Slavery abolished KK. Speech LL. Speedy trial MM. Suing in federal court NN. Time from elections to inauguration OO. Trial by jury in civil cases PP. Women can vote

1st Amendment

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2nd Amendment

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3rd Amendment

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4th Amendment

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5th Amendment

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6th Amendment

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7th Amendment

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8th Amendment

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9th Amendment

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10th Amendment

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11th Amendment

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12th Amendment

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13th Amendment

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14th Amendment

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15th Amendment

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16th Amendment

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17th Amendment

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18th Amendment

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19th Amendment

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20th Amendment

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21st Amendment

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22nd Amendment

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23rd Amendment

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24th Amendment

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25th Amendment

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26th Amendment

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27th Amendment

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INFORMAL AMENDMENTS

What is an informal amendment?

Why do we need informal amendments?

Congressional Actions

Presidential Actions

Judicial Actions

Custom and Usage



DEFINING FEDERALISM What is federalism?

DUAL FEDERALISM (Layer cake)

COOPERATIVE FEDERALISM (Marble cake)

Dual vs. Cooperative Conflict



ADVANTAGES AND DISADVANTAGES OF FEDERALISM

AD

VA

NTA

GES

OF

FE

DER

ALI

SM

Federalism Checks the Growth of Tyranny Federalism Allows Unity Without Uniformity Federalism Encourages Experimentation Federalism Provides Training for Future National Leaders Federalism Keeps Gov’t Closer to the People

DIS

AD

VA

NTA

GES

OF

FED

ERA

LIS

M

ALT

ERN

ATI

VES

TO

FE

DER

ALI

SM

Unitary System

Confederation



POWERS OF THE GOVERNMENT

List which type of power is associated with each of the statements below. Some statements have more than one answer.

1. __________________ Power to draft Americans into the military 2. __________________ Power to make war 3. __________________ Power to establish courts 4. __________________ Power to coin money 5. __________________ Power to limit the number of immigrants to the U.S. 6. __________________ Power to build an interstate highway system 7. __________________ Power to regulate a public school system 8. __________________ Power to regulate INTERSTATE commerce 9. __________________ Power of eminent domain 10. __________________ Power to make and enforce laws

NATIONAL POWERS (Delegated Powers = Powers granted to one of the 3 branches of the national gov’t by the Constitution)

1. ___________________________ are those powers directly expressed or stated in the Constitution.

Enumerated Powers = usually refers to congressional powers Article I, Section 8 2. ___________________________ are the powers that the national government requires to carry out

the powers that are expressly defined in the Constitution. They are not directly stated in the Constitution.

The basis for the implied powers is the necessary and proper clause. It is called the elastic clause because it allows Congress to stretch its powers. All implied powers must come from an expressed power.

3. ___________________________ are powers that the national government may exercise simply

because it is a sovereign nation.

STATE POWERS ___________________________ are powers that are reserved strictly to the states. States have authority over matters not found in the constitution.

NATIONAL AND STATE POWERS _________________________ are those powers that both the national government and the states have.



EXPANSION OF CENTRAL GOVERNMENT POWERS These constitutional powers greatly expand the power of the federal government

1. The Supremacy Clause 2. The Power to Regulate Interstate and Foreign Commerce 3. The War Power 4. The Power to Tax and Spend



CENTRALISTS VERSUS DECENTRALISTS THE GREAT DEBATE

CENTRALIST (NATIONALIST) POSITION

DECENTRALIST (STATES’ RIGHTS) POSITION

Explain McCulloch v. Maryland (1819)

Explain U.S. v. Lopez (1995) What is the “Devolution Revolution”?



FISCAL FEDERALISM AND REGULATORY FEDERALISM

“THE CARROT” What is fiscal federalism?

“THE STICK” What is regulatory federalism?

FEDERAL GRANTS Purpose: Types: Categorical grants Block grants

FEDERAL MANDATES What is a federal mandate? What is an UNFUNDED mandate?

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