Government

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Government
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What is a Government?

• An ruler or group of people through which a
  society makes and enforces its public policies
  (everything a government decides to do)

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Americas 5 Founding Ideals
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1. Popular Sovereignty

• Popular Sovereignty - Power to rule comes from
  consent of the governed

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2. Social Contract

• Social contract an agreement between the
  government and the people
• Locke

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3. Rights Freedoms

• Privileges granted to people by an agreement (a
  social contract)
• Freedom to do and say what you want

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4. Limited Government

• Government must be restrained from abuses
• Rule of law - All people must follow the laws or
  be punished

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5. Equality

• Obviously, all people are treated the same and
  valued equally
• Race, religion, ethnicity, age, gender, ability,
  income are not factors in how the law treats
  people

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Declaration of Independence

1. Preamble introduces why the declaration was
   written
2. Declaration of Natural Rights Explains the
   rights of people and the role of government
3. Grievances lists the colonists complaints
4. Resolution of Independence states the
   colonists decision

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3 classifications of government

• Participation
• Democracy
• Direct
• Indirect/Representative
• Republic
• Dictatorships
• Geographic Distribution
• Unitary
• Federal
• Confederate
• Relationship between branches
• Presidential
• Parliamentary

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Geographic Distribution

• Unitary (Central Government)
• all powers are held by a single, national
  government
• State and local governments only have power
  assigned to it by national government
• Great Britain, France, Italy

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Geographic Distribution

• Federal System
• Powers are divided between national and state
  governments
• Each level has sovereignty over different areas
• Schools (State)
• Military (National)
• United States, Canada, India, Switzerland,
  Australia, Mexico

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Geographic Distribution

• Confederate an alliance of independent states
• Central government only handles matters assigned
  to it by its states
• Defense
• Commerce
• U.S. before Constitution, Confederate States of
  America (Civil War)

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Articles of Confederation
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Powers given to National Govt.

• One branch Congress
• One vote per state
• Power to make laws
• Declare War
• Sign Treaties
• Appoint Ambassadors
• Appoint Military Officers
• Print Borrow Money

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Weaknesses of AOC

• No power to enforce decisions states ignored
  most orders from National Govt
• No power to collect taxes
• No army
• No power to regulate interstate commerce
• Difficult to make Decisions 9/13 states had to
  agree
• Unanimous approval for Amendments
• No Judicial
• No Executive Branch

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Shays Rebellion

• Protest by farmers against economic problems in
  Mass
• No trade with England
• Govt raised taxes
• Results
• Highlighted need for strong national govt to
  protect and maintain order

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Constitutional Convention
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Constitutional Convention

• When May 1787
• Where Philadelphia at the State House now
  called Independence Hall
• Purpose Amend the Articles of Confederation

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Constitutional Convention

• Who 55 representatives from 12 states
• Includes
• Ben Franklin - oldest
• James Madison important!!
• George Washington - elected president of the
  Convention

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Issues at the Convention

• Goals
• Revise articles or
• Create a new Constitution
• State Issues
• Representation in the national government
• Slavery
• Tariffs
• How strong to make the national government

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Compare Virginia Plan to New Jersey Plan
Virginia Both New Jersey
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Compare Virginia Plan to New Jersey Plan
Virginia Both New Jersey
Bicameral House and Senate - reps based on
pop National govt has power to tax
Unicameral each state having one vote States
maintain power to tax
Strong national govt. 3 branches
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Connecticut Compromise/The Great Compromise
Similar to Virginia Plan Similar to Both Similar to New Jersey Plan

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Connecticut Compromise/The Great Compromise
Similar to Virginia Plan Similar to Both Similar to New Jersey Plan
Bicameral House of Representatives representation based on states population (large state plan) 3 branches Strong National Govt. Senate 2 representatives per state (small state plan)
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Slavery Debates
Debate North South Compromise
Representation
Ending Slave Trade
Fugitive Slaves
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Slavery Debates
Debate North South Compromise/Decision Name
Representation Dont Count for representation , but for federal taxes Count for representation, but not federal taxes slaves count for 3/5 of white person 3/5 Compromise
Ending Slave Trade End Dont end forbade congress from voting on until 1808 Slave Trade Clause
Fugitive Slaves Laws of State decide Return fugitives slaves must be returned to owner Fugitive Slave Clause
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Slavery in the New Government

• At the time, the majority of the states used
  slave labor. However, there were more slaves in
  the southern states than in the northern states.

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6 Basic Principles of the Constitution
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1. Popular Sovereignty

• The power of govt. comes from the consent of the
  governed
• People Power

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2. Separation of Powers

• Basic Powers of government are distributed among
  three independent branches
• Legislative makes the laws
• Judicial interprets the law
• Executive enforces the law

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3. Checks and Balances

• Each branch is subject to restraints by the other
  branches
• No branch has too much power
• Each branches actions can be checked by other
  branches

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Checks and Balances

• President
• Congress - Veto legislation, recommend
  legislation
• Courts appoints justices
• Congress
• President override veto with 2/3 vote,
  Impeachment, approves treaties and presidential
  appts.
• Courts creates lower courts, Impeachment of
  judges, approves appt. of judges
• Judicial
• President judges are appt for life (free of
  Executive control), may declare executive actions
  unconstitutional
• Congress may declare acts of congress
  unconstitutional

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4. Limited Government

• Restraining govt.s power
• Not to0 powerful
• Due Process
• The government must follow the rules of the
  Constitution
• Rule of Law - All people must follow the laws or
  be punished
• Separation of Powers, Checks and Balances and
  Federalism

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5. Federalism

• Federalism the division of power between state
  and national governments
• States must obey authority of federal government
• States DO get control over some issues
• Demonstrates limited government

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Federalism
Sometimes the Federal Government will cross the
line into State powers by requiring the states to
do certain things in order to get Federal
Funding. Many states are reluctant to take the
money from the federal government because they
feel the national government is violating the
idea of Federalism
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6. Individual Rights and Freedoms

• God given privileges that cant be taken away
• First 10 Amendments

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Preamble

• We the people Popular Sovereignty
• More Perfect Union better than the AOC
• Justice fairness
• Domestic Tranquility peace at home
• Common Defense protect the country
• General welfare help the people when in need
• Blessings of liberty - freedom

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Powers of Congress
Powers of Congress
Declare War Armed Forces
Tax and Spend Foreign Commerce
Coin Money Borrow Money
Interstate Commerce Post offices
Copy-rights/Patents Post Roads
Federal Courts Counterfeiting
Maritime Crime Naturalization
Bankruptcy Militia
District of Columbia Standard weights/measures
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Express Powers vs. Implied Powers of Congress

• Expressed Powers (enumerated powers)- powers
• Expressly given to a government listed in the
  Constitution
• Examples
• Regulate Interstate Commerce
• Declare War
• Implied Powers (Article I, section 8) powers
  not
• Specifically spelled out, but can be inferred
  from
• The Constitution
• Necessary and Proper Clause (Article I, Section
  8 The power given to
• Congress to create laws to help them carry out
  the
• Powers of the Constitution.
• Examples
• War Powers creating the Air Force
• Postal Roads creating the National Highway
  System

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Other Important Clauses

• Commerce Clause (Article 1, Section 8, clause 1)
  Congress has power to regulate interstate
  Commerce
• Example An Ohio beverage distributer wanting to
  enter into an agreement with a Pennsylvania beer
  distributor
• Tax and Spend Clause (Article 1 section 8,
  clause 1) Gives Congress the power to tax and
  spend money gives congress authority to levy
  taxes and spend money to pay debt, raise and army
  and for the general welfare of the country
• Example The federal government paying off the
  federal deficit

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Other Clauses

• Full Faith and Credit Clause (Article 4 section
  1) every state must recognize and respect the
  laws of other states
• Example A drivers license from Montana which
  allows a 15 year old to drive is valid in Ohio
  when the 15 year old drives here on vacation
• Supremacy Clause (Article 6) Fed law is supreme
  is above State law
• Example Californias Medicinal Marijuana Law is
  in violation of Fed Drug Laws which prohibit
  Marjuana sales

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Powers of the President
Powers of the President Alone Powers Checked by Congress
Commander and Chief (Armed Forces Sign Treaties (2/3 Senate approval)
Consult Cabinet Nominate Supreme Ct. Judges
Receive Ambassadors Select Ambassadors
Commission Officers
Execute Laws
Grant Reprieves and Pardons
Deliver the State of the Union Address
Recognize new regimes (leaders)
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Checks and Balances

• President
• Congress - Veto legislation, recommend
  legislation
• Courts appoints justices
• Congress
• President override veto with 2/3 vote,
  Impeachment, approves treaties and presidential
  appts.
• Courts creates lower courts, Impeachment of
  judges, approves appt. of judges
• Judicial
• President judges are appt for life (free of
  Executive control), may declare executive actions
  unconstitutional
• Congress may declare acts of congress
  unconstitutional

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Powers of the Supreme Court

• Courts
• Supreme Court
• Inferior Courts (Lower Federal Courts)
• Judicial Power power to hear court cases
• Original Jurisdiction 1st court to hear a case
• Appellate Jurisdiction power of a court to
  review decisions and change outcomes of decisions
  of lower courts
• Judicial Review Super Power to decide whether
  a Congressional law or action by the President is
  Constitutional
• Basic Principal?

Checks and Balances
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Amendment Process

• 2 Main Ways to Change the Constitution
• Formal Process specifically stated in the
  Constitution
• Informal Process process not specifically
  listed in the Constitution

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Formal Amendment Process
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5 Informal ways to Amend

• Basic Legislation by Congress
• Example Federal court system was created to
  detail the brief provision written in the
  constitution
• Executive Action
• Example Going to war without a formal
  declaration (Korea, Vietnam, Afghanistan)
• Court Decisions -
• Judicial Review - Constitutional interpretations
  by the Supreme court Example Marbury vs.
  Madison
• Party Practices
• Creation of political parties, Primaries
  Nomination of candidates for President by
  National Convention,
• Custom
• Creation of Cabinet , Term Limits

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Federalist Papers

• Series of 85 essays that debated over the new
  constitution
• Written by Alexander Hamilton, James Madison and
  John Jay
• Gave rise to first two political parties in the
  United States

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Federalist Paper 51

• Purpose Persuade citizens to ratify the
  constitution
• Thesis A strong government is needed to control
  the people, but not too strong that it will
  oppress the people
• the most efficient way to govern is through 3
  branches of government each with ability to check
  each others power

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Federalist Paper 10

• Purpose To persuade citizens to ratify the
  Constitution
• Thesis A strong federal government with a
  constitution can control factions (groups of
  people organized against a cause that are
  dangerous to democratic government minority
  groups )
• Lobbyist, Political Action Committees
• NAACP, NOW

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Results of Federalist Papers

• Constitution Gets Ratified
• Bill of Rights Added 1st 10 Amendments to the
  Constitution
• Included
• 10th Amendment
• Reserved Powers of the States Any power not
  specifically listed in the Constitution is
  reserved for the states
• Ie. Education,

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Ohio Constitution vs. US Constitution
Ohio U.S
Branches Legislative, Judicial, and Executive Legislative, Judicial and Executive
Legislative 2 Houses Senate House Create laws Can override veto 2 Houses- Senate House Create Laws Can override veto
Executive Governor Commander and Chief of Militia President Commander and Chief of Military
Judicial Supreme Ct, Appeals Cr Appeals Ct
Voting 18yrs 18 yrs
Bill of Rights Inaleable, abolish govt, assemble, bear arms, trial by jury, habeas corpus, cruel and unusual, freedom of speech and press, quartering troops, Same