unit 1-origins of american government - crestwood …...unit 1: origins of american government 1....
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American Government & Economics
Is Government Necessary?
Section 1: Principles of Government
Unit 1: Origins of American Government
1. Define government and the basic powers every government holds
2. Describe the four defining characteristics of a state
3. Identify four theories that attempt to explain the origin of the state
4. Understand the purpose of government in the United States and other countries
Government: the institution through which a society makes and enforces policies
Public policies: all the things a government decides to do
Legislative power: the power to make laws Executive power: the power to enforce and
administer laws Judicial power: the power to interpret laws Dictatorship: a government in which all
power rests with an individual or small group
Democracy: a government in which supreme authority rests with the people
State: a body of people, living in a defined territory, with a government that can make and enforce law without the consent of any higher authority
Sovereign: to have supreme and absolute power within a territory
Divine right: the theory that governments gain their authority from the will of God
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What is government and what is its purpose?
Government is the institution that allows a society to make and enforce public policies
Every government has three basic types of power.
▪ Legislative power to make laws
▪ Executive power to enforce laws
▪ Judicial power to interpret laws and settle disputes
In a dictatorship, all powers are held by one person or group
In a democracy, authority lies with the people
The U.S. government gives executive power to the President, legislative power to Congress, and judicial power to the Supreme Court
The President is the Head of State, and executes the laws
The Supreme Court interprets the laws to ensure they are constitutional
Congress creates the laws and frames public policy
Executive
Judicial
Legislative
States are the main unit of government in the world today
There are more than 200 states, varying greatly in size, population, and power
A state is not strictly the same thing as a nation (which refers to large groups of people) or a country (which refers to a particular region
Every state has four basic characteristics: population, territory, sovereignty and a government
Every state has a population, whether large or small, diverse or homogeneous China (right) has a large population that is reflected in
its landscape
A state must have territory, land with known and recognized boundaries
Every state has sovereignty, the absolute power within its own territory to decide domestic and foreign policies
Each state has a government, a political organization to make and enforce its policies
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Many theories have been developed to explain the origins of the state
These include the force theory, the evolutionary theory, the divine right theory, and the social contract theory
The force theory holds that an individual or group claims control over a territory and forces the population to submit
The state then becomes sovereign and those in control form a government
The evolutionary theory says that a population formed out of primitive families
The heads of these families became the government
When these families settled in one territory and claimed it as their own, they became a sovereign state
The divine right theory holds that God created the state, making it sovereign
The government is made up of those chosen by God to rule a certain territory. The population must obey their ruler
King Louis XIV of France declared “I am the State”
Checkpoint: What is the Social Contract Theory?
The social contract theory was developed by philosophers such as Thomas Hobbes, John Locke, and Jean Jacques Rousseau and has had the greatest influence on United States government
This theory says that the people choose to give the state enough power to promote the well-being of everyone and that all political power comes from the will of the people
THOMAS HOBBES JOHN LOCKE
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1. In pairs, brainstorm the question: “What is the purpose of Government?”
2. Read John Locke’s quote on page 9 of the text.3. Where do we see John Locke’s words in the
Declaration of Independence? (p.771)1. Note at least 3 specific examples
4. Read the handout of the 2nd Treatise of Government
HW: Using the Second Treatise and the Preamble to the US Constitution, jot down some ideas that the Constitution seems to borrow from Locke; also note ideas that deviate from his philosophy as well.
The Preamble to the U.S. Constitution sets forth the basic purposes of America’s government.
It forms a “more perfect Union” by uniting the state governments and the American people.
It establishes justice by attempting to create and administer laws in a fair, reasonable, and impartial fashion
Government offers domestic tranquility, or peace at home, by providing law and order
Government provides for the nation’s defense by maintaining armed forces and safeguarding national security
The U.S. government promotes the general welfare of citizens by providing services, such as public education, that benefit all or most people
The government helps secure the blessings of liberty by guaranteeing many individual rights and liberties These freedoms are not absolute—you are not
free to violate the rights of others
Each generation must strive for patriotism by learning and protecting these freedoms What does the phrase
“thank your lucky stars” in the political cartoon on the right refer to?
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Now that you have learned about what is government and what its purpose is, do you feel the same of differently about the chapter’s essential question:
Is government necessary?
1. The most important duty of the President is to ensure that all:a. citizens have homesb. military bases are in usec. laws are “faithfully executed”d. congress controls spending
2. If the offices of both the President and Vice President became vacant at the same time, the next in line for the presidency is the:
a. House Majority Leaderb. Speaker of the Housec. President Pro-Tem of the Senated. Senate Majority Leader
3. This is an example of Presidential judicial power:a. appointing judges
b. suspending the Court
c. overriding judicial decisions
d. granting extensions
4. The head of the Executive Branch is the:a. President
b. Chief Justice
c. Vice President
d. Speaker of the House
5. This is the highest court in all questions of federal law:
a. district courtb. territorial Courtc. Supreme Courtd. appellate Court
6. Legislative power lies with the:a. Presidentb. Chief Justicec. Vice Presidentd. Congress
Section 2: The Constitution
Unit 1: Origins of American Government
“Wherever Law ends, Tyranny begins”
What is your interpretation of this quote?
What message is John Locke trying to convey?
How might this quote be applicable to the situation the new American states are in after declaring independence from Britain?
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1. Describe the structure of the government set up under the Articles of Confederation
2. Explain why the weaknesses of the Articles led to a critical period for the country in the 1780s
3. Describe how a growing need for a stronger national government led to plan for a Constitutional Convention
Articles of Confederation: the agreement, effective 1781, that established the first central government of the United States
Ratification: formal approval of a proposal
What weaknesses in the Articles of Confederation made a lasting government impossible?
The Confederation lacked key powers—it could not raise taxes or regulate trade
The Congress could not make states obey the laws it passed
9 out of 13 delegation had to agree before Congress could act
The Articles could only be changed with the consent of all 13 state legislatures
The Second Continental Congress had to create an official national government
Congress approved the Articles of Confederation in 1777, but they were not ratified until 1781
The Articles created a single unit of government, the Congress Congress was unicameral in nature, with each states
electing its delegates each year Each state delegation had one vote in Congress
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The national government had no executive or judicial branch
Special congressional committees exercised executive and judicial functions
Each year Congress would elect a president of the Congress (but not the nation)
What powers did Congress hold under the Articles of Confederation?
Make war and peace
Make treaties and handle ambassadors
Borrow money and set up a money system
Build a navy and raise an army
Set standards of weights and measures
Settle disputes between the states
The states promised to: Obey the Articles and acts of Congress Provide funds requested by Congress Treat citizen of other states fairly Respect the laws and court rulings of other states Allow open travel and trade among the states Submit interstate disputes to Congress Turn over fugitive slaves from other states
The states kept all powers not given to Congress
After the end of the Revolutionary War, states stopped cooperating with each other and the national government
They refused to supply troops or money
Some made their own treaties with other nations
Most raised their own military forces
They taxed goods from other states and banned trade with some states
They printed their own money
The economies of many states struggled as a result of all the bickering and poor planning Much of the newly printed money was worth very
little. Prices soared and loans became hard to get
Many people fell into debt
The economic crisis led to Shay’s Rebellion in Massachusetts Indebted farmers and other small property owners
lost and possessions when they could not pay their debts or their state taxes
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In 1786, former revolutionary officer, Daniel Shays led an armed uprising of farmers
State troops finally ended the rebellion after rebels attacked state courts and a federal arsenal
Shays fled to Vermont
The call went out for a stronger, more effective central government In 1785, Maryland and Virginia settled a trade dispute
after meeting at George Washington’s home at Mount Vernon
In 1786, Virginia called for all the states to meet to discuss trade issues
Five states attended the meeting at Annapolis, Maryland
These delegates called for another meeting—this one in Philadelphia in 1787. Congress eventually gave its support for the meeting
The Annapolis Convention’s call went as follows: At Philadelphia on the second Monday in May
next, to take into consideration the situation of the United States, to devise such further provisions as shall appear to them necessary to render the constitution of the Federal Government adequate
Instead of just revising the Articles, it would replace them with something new
Why do you think it was important to have the Constitutional Convention in this building?
Now YOU be the delegate at the Convention
Why do you think the Constitution has been called “a bundle of compromises”? The Constitution was approved on September 17,
1787
Today, September 17th is called “Constitution Day”
Answer on the bottom of your notes:
How does the Constitution reflect the times in which it was written?
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Section 3: The Federalist Papers
Unit 1: Origins of American Government
1. Identify the significance of the Federalist Papers to an understanding of the American Constitution.
2. Describe the causes and consequences of faction.3. Explain why Madison believed that a republican
government was superior to a direct democracy.4. Describe Madison’s solution to the problem of
faction.5. Identify some provisions of the U.S. Constitution
that reflect the political philosophy contained in Federalist 10.
The Federalist Papers Factions Pure Democracy Republic
They were essays written in 1787 by James Madison, John Jay, and Alexander Hamilton under the penname of Publius
Their purpose was to advocate the ratification of the new constitution by the states
They are an authoritative but unofficial explanation of American government by those who created it
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Federalists vs Anti Federalists
What are some of the more hotly debated political issues today?
How can you find out about these issues?
What do you think is the best way to stay informed on issues? Why?
Handout 2A
Using 3 columns on your page, write down:
▪ Federalist #
▪ Author’s name
▪ What it says
ON YOUR OWN:
Questions 3-6
Section 4: The United States Constitution
Unit 1: Origins of American Government
1. To understand the basic outline of the Constitution
2. To understand the six basic principles of the Constitution
Popular Sovereignty Limited Government Constitutionalism Rule of Law Separation of Powers Checks and Balances Veto Judicial Review Unconstitutional Federalism
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What are the six main principles upon which the Constitution is based?
Popular Sovereignty
Limited Government
Separation of Powers
Checks and Balances
Judicial Review
Federalism
The Constitution embodies these key principles along with describing the basic structure of our government
The Constitution is organized in a simple fashion and is fairly brief
In many areas it focuses more on principles than specific details. This helps guide the nation through changing times
The seven Articles are followed by 27 Amendments
States the goals for American Government:
We The People (not by king or deity)
1. In order to form a more perfect union
2. Establish justice
3. Insure domestic tranquility
4. Provide for the common defense
5. Promote the general welfare
6. Secure the blessings of liberty
The principle that the people are the only source for all governmental power
The government rules through leaders elected by the people to represent the people
Government may only do those things the people have given it the power to do
Government must obey the law
Much of the Constitution spells out limits on the power of government
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How does the separation of powers keep government from becoming too powerful? The Constitution divides power among the
legislative, executive and judicial branches Congress makes the laws, the President executes and
administers the laws, and the Supreme Court interprets the laws
Separation of powers keeps a strong central government from being too powerful Too much power concentrated in any one branch could
lead to abuses of power
Each branch of the federal government can check the power of the other two:
The President can veto bills passed by Congress, but Congress can override a veto
The Senate can reject presidential appointees or refuse to ratify a treaty
Congress can vote to impeach a federal official
The federal courts can rule that executive and legislative acts are unconstitutional
The use of checks is fairly rare
Compromise is more common
Conflicts more likely when Congress and the presidency are controlled by different parties
The Courts can decide if a government action is constitutional.
The power of judicial review is held by all federal courts and most state courts
Judicial review was established as a necessary power of the courts by Supreme Court Chief Justice John Marshall in the case Marbury v. Madison in 1803
Most acts are found to be constitutional, but the Supreme Court has struck down many presidential, congressional, and state measures over the years
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Federalism is a compromise between an all-powerful central government and an independent state government
It corrected the weaknesses of the Articles of Confederation without replacing them with a British-style monarchy
The framers felt that too much governmental power threatened liberty
Federalism helps prevent that power from being abused, by dividing governmental power
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Section 4: The United States Constitution pt.2
Unit 1: Origins of American Government
1. To identify the four different ways by which the Constitution may be formally changed
2. To explain how the formal amendment process illustrates the principles of federalism and popular sovereignty
3. To understand that several amendments have been proposed, but not ratified
4. To outline the 27 amendments that have been added to the Constitution
Amendment Ratification Formal amendment Bill of Rights
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How has the Constitution been amended through the formal amendment process? The majority of amendments have been proposed
by a two-thirds vote of Congress and ratified by three-fourths of the state legislatures
An amendment can also be ratified by state conventions held in three fourths of the states This has happened only once
The amendment process allows the Constitution to adapt to the changing needs of our nation and society.
The United States has gone from a farming nation of less than 4 million people to a high-tech country with a population of more than 300 million
Portions of the Constitution have been added, deleted, or altered as a result of amendments
Article V of the Constitution describes the amendment process
Amendments may be proposed:
▪ By a two-thirds vote of each house of Congress. [Done for 26 of 27 amendments]
▪ By a national convention called by Congress at the request of two-thirds of the state legislatures. [Done for the 21st amendment]
AMENDMENTS CAN BE RATIFIED:
By three-fourths of the state legislatures
By conventions in three-fourths of the states. (A method not yet used)
How does the federal amendment process reflect the concept of federalism?
Amendments are proposed at the national level and ratified at the state level by legislatures or conventions
A state can reject an amendment and later decide to ratify it But a state cannot change its mind after it votes to ratify
an amendment The President cannot veto proposed amendments
The amendment process is based on popular sovereignty
The people elect the representatives who vote to propose or ratify amendments
Some critics argue that conventions are a better way to ratify amendments than state legislatures, because state legislators are rarely elected based upon their views on an amendment
The Supreme Court has ruled that states cannot require a proposed amendment to be approved by popular vote before the state legislature can ratify it
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Most suggested amendments are never proposed by Congress Congress has sent only 33 of some 15,000 suggested
amendments to the states
Six proposed amendments were not ratified by the states Congress can set a “reasonable” time limit for
ratification, usually around seven years Failed amendments include one declaring the equal rights of
women (ERA) and one banning amendments dealing with slavery
What is the purpose of the Bill of Rights?
They spell out many basic individual rights and liberties
Many people would not support the Constitution until a Bill of Rights was promised
Many of the 27 current amendments were proposed in response to legal disputes, social conflicts or perceived constitutional problems
The 12th Amendment resolved a problem with the presidential election process
The 13th Amendment abolished slavery
The 15th, 19th and 26th Amendments each extended voting rights to a new segment of society:
African Americans
Women
18-year olds
1791-Amendments 1-10 Bill of Rights
1795-Amendment 11 States immune from certain
lawsuits 1804-Amendment 12
Changes in electoral college procedures
1865-Amendment 13 Abolition of Slavery
1868-Amendment 14 Citizenship, equal protection,
and due process 1870-Amendment 15
No denial of vote because of race, color, or previous enslavement
1913-Amendment 16 Congress given the power to
tax incomes 1913-Amendment 17
Popular election of US Senators
1919-Amendment 18 Prohibition of alcohol
1920-Amendment 19 Women’s suffrage
1933-Amendment 20 Change of dates for
presidential and congressional terms
1933-Amendment 21 Repeal of prohibition
(Amendment 18)
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1951-Amendment 22 Limit on presidential terms
1961-Amendment 23 District of Columbia allowed to
vote in presidential elections 1964-Amendment 24
Ban on tax payment as voter qualification
1967-Amendment 25 Presidential succession, vice
presidential vacancy, and presidential disability
1967-Amendment 26 Voting age changed to 18
1992-Amendment 27 Congressional pay
Aftermath of Slavery and the Civil War (Reconstruction Era): 13th, 14th, 15th
Calls for Reform in the Progressive Era: 16th-19th
Extension of Suffrage to Disenfranchised Groups: 15th, 19th, 25th
Presidential Elections, Terms & Successions: 12th, 22nd, 25th
Worksheets
3-4 (alone or HW)
Constitution Scavenger Hunt (in pairs)
Process where over time changes have been made in the constitution but have not been added to the written constitution (formal amendments are added to the written constitution).
In other words, informal amendments are basically the result of day to day operations over time in our government.
Many of the powers the constitution has set out to various areas, such as the President and Congress, leads to the creation of informal amendments as they use those powers.
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There are five kinds of informal amendments:
Basic Legislation
▪ a. Congress passing laws
▪ b. Adding “flesh to the bones” of the constitution. Or in other words, adding to the framework the constitution creates.
▪ i. Ex) Constitution provides for “Supreme court and any necessary courts”…other courts have been added and are an example of informal amendment
▪ ii. Constitution creates the President and Vice President…but there are 14 executive departments now, another example of informal amendment
There are five kinds of informal amendments:
Executive Action ▪ a. Presidential decisions can create informal amendments as he/she
uses the powers granted to them by the constitution ▪ i. Ex) Sending troops to another country without a declaration of war
(Iraq)…President controls the military but can not declare war, however basically makes war…an informal amendment
▪ ii. Ex) Executive agreement vs. Treaty
1. executive agreement is an agreement between two heads of state that does not require Senate approval
2. Treaty is between two states (countries) and requires Senate approval
a. Executive agreement is the president’s way of getting what he wants without Senate approval…an example of an informal amendment
There are five kinds of informal amendments:
Court Decisions
▪ a. Federal courts are always interpreting the constitution. Each time they rule on a case they informally change the constitution, such as when they declare something unconstitutional.
There are five kinds of informal amendments:
Party Practices
▪ a. The constitution does not create political parties, however we have them today
▪ b. Parties guide much of American government ▪ i. Parties elect people to run for President, which is not written in
the constitution…an example of an informal amendment
▪ ii. Congressional work usually happens along party lines…i.e. Republicans vote one way, Democrats vote another
1. Ex) Iraq…Democrats don’t like it, Republicans support it
There are five kinds of informal amendments:
Custom ▪ a. Much the same as tradition ▪ b. Not a written rule, but followed much like one ▪ c. Ex) If another team in baseball throws at your hitter, you will
most likely throw back at them the next inning…it’s not in the rule book, but universally accepted and expected
▪ d. Same in government…some things are just tradition ▪ i. Ex) Running for more than two terms as President prior to the 22nd
amendment in 1951 ▪ ii. Presidents followed it until FDR decided to run for a third and fourth term ▪ iii. Ex) Senatorial Courtesy – People appointed by the President must be
confirmed by the Senate. If the President’s party member(s) from the state involved agree with the appointee, the Senate usually respects their wishes and confirms that person.
Using the clicker, write the number of the Amendment to the Constitution
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Section 5: Federalism
Unit 1: Origins of American Government 1. Define federalism and explain why the
Framers chose this system2. Identify powers delegated to and denied to
the National Government, and powers reserved for and denied to the States
3. Explain the difference between exclusive and concurrent powers
4. Examine the Constitution and “The Supreme Law of the Land”
Federalism: A system of government in which a written constitution
divides power between a central government and several regional governments
Division of Powers: Assigning some powers to the federal government and
others to the States Delegated Powers:
Powers granted by the Constitution Expressed Powers:
Powers specified clearly in the Constitution Implied Powers:
Powers not specifically mentioned, but suggested by the expressed powers
Inherent Powers: Powers that belong to all independent national
governments Reserved Powers:
Powers not given to the national government or denied to the States
Exclusive Powers: Powers that can only be used by the national government
Concurrent Powers: Powers shared by the national and State governments
Supremacy Clause: The provision declaring the Constitution the supreme law
of the land
How is power divided between the Federal Government and the States?
Certain exclusive powers, such as the power to coin money, are exercised only by the federal government
Reserved powers, such as the power to establish public schools, are exercised only by the States
Concurrent powers, such as the power to tax, are shared by the states and the federal government
The Framers believed that government power must be divided and limited so that it cannot threaten individual liberty
The Constitution divides power between the federal government and the States through federalism
Federalism creates two basic levels of government that overlap
Each level has some powers denied to the other level
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Federalism allows local governments to handle local concerns while the national government deals with national issues
This gives each of the States some flexibility when dealing with challenges
Successful State programs, such as welfare reform, can influence national policies as well as policies in other states
Federalism also lets the nation respond in a united way to serious crises like war and natural disasters
The congressional powers specified in Article I of the Constitution includes the power to coin money, raise armed forces, and levy taxes
Other expressed powers are granted to the President in Article II and the Supreme Court in Article III
The Necessary and Proper Clause (aka the Elastic Clause) gives Congress the power to make all laws that are “necessary and proper” for carrying out its expressed powers, so it is said to stretch to cover many situations
Congress exercises many implied powers that are based upon its expressed powers. These implied powers include building the interstate highway system and banning racial discrimination in public places
Every national government has inherent powers. These inherent powers are not based on the Constitution.
Inherent powers include acquiring territory, defending the nation, regulating immigration and conducting diplomacy
The Constitution denies certain powers to the federal government Some powers are specifically denied, such as the
power to prohibit freedom of religion, speech, press, or assembly
Other powers, like creating a national school system are denied because they cannot be based on expressed powers
Finally, the national government cannot have powers that would undermine the existence of the federal system
The 10th Amendment reserves to the States all power not given to the federal government or denied to the states These powers include police power, which lets a
State protect and promote public health, morals, safety and general welfare
State and local governments use the huge scope of the reserved powers to perform many of their daily actions
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Issuing a driver’s license is a power reserved to the States
Most States require a written, on-road, and vision test
The age at which teenagers can get a license and the rules new drivers must follow vary from State to State
The Constitution specifically denies some powers to the States: Some of these powers are also denied to the federal
government
Other powers denied to the States are exclusive to the federal government. For example, States cannot tax imports or coin money, but the federal government can
The States are denied some powers by the nature of the federal system No State can tax the federal government or regulate
interstate trade
Concurrent Powers are shared by the federal government and State governments. They allow the federal system to function
They include all powers not exclusive to the national government or denied to the States
Local governments use these powers only with the permission of their State
▪ Ex. Conduct elections, run schools
Some powers are exercised by both levels of government Levy and collect taxes
Borrow money
Establish courts
Define crimes and set punishments
Set environmental health standards
Claim private property for public use
Establish a police force
Protect national borders
The Constitution is the supreme law of the land, standing above all treaties and acts of Congress Below federal laws come State laws
In a federal system, sometimes State and federal laws conflict
The Supreme Court settles disputes between State and federal laws The Court can rule a State or federal law to be
unconstitutional or constitutional (recent cases involve pieces of Obamacare that have been ruled both ways)
In the 1819 case, McCulloch v. Maryland, the Court ruled that when federal and State laws conflict, the federal law wins if it is constitutional
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WAIT!!!!
If federal law is supreme, then why is it illegal to smoke medical marijuana in some states and illegal to smoke it in others???
▪ I’m confused….
HW Essay (3 paragraphs typed)
Is the federal system the best way to govern the United States? WHY?