10/23/2014. Is Government Necessary?

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1 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 1

2 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 Executive Judicial Legislative 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 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 2

3 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 wellbeing of everyone and that all political power comes from the will of the people THOMAS HOBBES JOHN LOCKE 3

4 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 2 nd 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? 4

5 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 homes b. military bases are in use c. 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 Leader b. Speaker of the House c. President Pro-Tem of the Senate d. 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 court b. territorial Court c. Supreme Court d. appellate Court 6. Legislative power lies with the: a. President b. Chief Justice c. Vice President d. 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? 5

6 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 6

7 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 7

8 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 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 17 th is called Constitution Day Answer on the bottom of your notes: How does the Constitution reflect the times in which it was written? 8

9 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 9

10 What are some of the more hotly debated political issues today? Federalists vs Anti Federalists How can you find out about these issues? What do you think is the best way to stay informed on issues? Why? Section 4: The United States Constitution Handout 2A Using 3 columns on your page, write down: Federalist # Author s name What it says Unit 1: Origins of American Government ON YOUR OWN: Questions 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 10

11 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 11

12 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 12

13 Federalism is a compromise between an allpowerful central government and an independent state government It corrected the weaknesses of the Articles of Confederation without replacing them with a Britishstyle monarchy The framers felt that too much governmental power threatened liberty Federalism helps prevent that power from being abused, by dividing governmental power Section 4: The United States Constitution pt.2 Unit 1: Origins of American Government 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 13

14 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 21 st amendment] AMENDMENTS CAN BE RATIFIED: By three-fourths of the state legislatures By conventions in threefourths 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 14

15 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 12 th Amendment resolved a problem with the presidential election process The 13 th Amendment abolished slavery The 15 th, 19th and 26 th 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) 15

16 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 Amendment 27 Congressional pay Aftermath of Slavery and the Civil War (Reconstruction Era): 13 th, 14 th, 15 th Calls for Reform in the Progressive Era: 16 th -19 th Extension of Suffrage to Disenfranchised Groups: 15 th, 19 th, 25 th Presidential Elections, Terms & Successions: 12 th, 22 nd, 25 th 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. 16

17 There are five kinds of informal amendments: 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 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 17

18 Section 5: Federalism Unit 1: Origins of American Government 1. Define federalism and explain why the Framers chose this system 2. 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 18

19 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 10 th 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 19

20 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 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 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) 20

21 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? 21

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