U.S. Government Unit 1 Notes

Transcription

1 Name Period Date / / U.S. Government Unit 1 Notes C H A P T E R 1 Principles of Government, p Government and the State What Is Government? Government is the through which a makes and enforces its policies. The State The state can be defined as having these four characteristics: Population A state must have, the of which does not directly relate to its existence. Sovereignty Every state is sovereign. It has and absolute within its own territory and decides its own and domestic policies. Territory A state must be comprised of territory with known and recognized. Government Every state has a government that is, it is politically. Origins of the State 1. The Force Theory a. The force theory states that one or a small group took of an area and forced all within it to to that person s or group s. 2. The Evolutionary Theory a. The evolutionary theory argues that the evolved out of the early. 3. The Divine Right Theory a. The theory of divine right holds that created the state and that God gives those of birth a right to rule. 4. The Social Contract Theory a. The social contract theory argues that the state arose out of a act of people. The Purpose of Government The main purposes of government are described in the Preamble of the Constitution of the United States: We the People of the United States, in Order to form a more perfect, establish, insure domestic, provide for the common, promote the general, and secure the Blessings of to ourselves and our, do and establish this Constitution for the United States of America. 1

2 2 Forms of Government Classifying Governments Governments can be classified by different : 1. can in the governing process? 2. The distribution of the governmental within the. 3. The relationship between the (lawmaking) and the (law-executing) branches of the government. Classification by Who Can Participate Democracy 1. In a democracy, supreme authority rests with the. 2. A democracy exists where the of the people is translated into law by the people themselves. 3. In an democracy, a small group of persons, by the people to act as their, expresses the will. Dictatorship 1. A dictatorship exists where those who cannot be held to the will of the people. 2. An is a government in which a person holds political power. 3. An is a government in which the power to rule is held by a, usually self-appointed elite. Classification by Geographic Distribution of Power 1. Unitary Government- A unitary government has all powers held by a, central agency. 2. Confederate Government- A confederation is an of states. 3. Federal Government- A federal government is one in which the powers of government are between a government and several governments. An authority superior to both the central and local governments makes this on a basis. Classification by the Relationship between Legislative and Executive Branches Forms of Government 1. Presidential Relationship- Voters elect and Chief who is part of Executive Branch. Both branches are and. 2. Parliamentary Relationship- Voters elect the. Chief Executive is chosen from the. 3 Basic Concepts of Democracy Foundations The American concept of democracy rests on these basic notions: 1. A recognition of the worth and of every ; 2. A respect for the of persons; 3. A faith in rule and an insistence upon rights; 4. An of the necessity of ; and 5. An upon the possible degree of individual. Democracy and the Free Enterprise/Market/ Capitalist System 1. The free enterprise system is an economic system characterized by or corporate ownership of goods; investments that are determined by private rather than by control; and determined in a market. 2. Decisions in a free enterprise system are determined by the. 3. An economy in which private enterprise exists in with a considerable amount of government and promotion is called a economy. 2

3 Democracy and the Internet 1. Democracy demands that the people be widely about their government. 2. Theoretically, the Internet makes participation in democratic process than ever before. 3. However, all data on the World Wide Web is not necessarily, and the long-term effects of the Internet on democracy have yet to be determined. C H A P T E R 2 Origins of American Government, p Our Political Beginnings Basic Concepts of Government The English colonists in America brought with them main concepts: 1. The need for an social system, or government. 2. The idea of government, that is, that government should not be all-powerful. 3. The concept of government a government that serves the will of the. Important English Documents The way our government works today can be traced to important documents in history: 1. Magna Carta (1215)- Gave British certain rights 2. English Bill of Rights (1689)- increased and expanded them to people. 3. Virginia Bill of Rights (1776)- written when colonists still considered themselves citizens. The Thirteen Colonies There were three types of colonies in North America: royal, proprietary, and charter. 1. The royal colonies were ruled by the English monarchy. 2. The King granted to people in North America, who then formed colonies. 3. The colonies were mostly self-governed, and their charters were granted to the. 2 The Coming of Independence British Colonial Policies 1. Until the, the colonies were allowed a great deal of in their governments by the English monarchy. 2. In, King III imposed new and laws on the colonists. 3. The colonists started a, proposed an annual, and began to. Growing Colonial Unity Early Attempts In, several New England settlements formed the New England. A confederation is a joining of several groups for a common purpose. The Albany Plan In, Benjamin proposed the Albany Plan of, in which an annual congress of (representatives) from each of the 13 colonies would be formed. The Stamp Act Congress 1. In, a group of colonies sent delegates to the Stamp Act Congress in. 2. These delegates prepared the Declaration of and against British policies and sent it to the king. 3

4 The Continental Congresses First Continental Congress 1. The colonists sent a Declaration of Rights to King George III. 2. The delegates urged each of the colonies to refuse all with England until British tax and trade were, or recalled. Second Continental Congress 1. In, each of the 13 colonies sent representatives to this gathering in. 2. The Second Continental Congress served as the first of the United States from 1776 to. American Independence 1. On July 4, 1776, the Second Continental Congress adopted the Declaration of Independence. 2. Between 1776 and 1777, most of the adopted instead of charters. Common Features of State Constitutions 1. sovereignty- Government by of the governed. 2. Limited Government- on government. 3. Civil Rights and Liberties- Certain rights that government must. 4. Separation of Powers and Checks and Balances- Power amongst 3 branches; each can check the power of the other branches. 3 The Critical Period The Articles of Confederation The Articles of Confederation established a firm league of friendship among the States. 1. Powers - Congress was given the power to declare, deal with national issues, and settle among the States. 2. Obligations- The States promised to Congress, and to respect the laws of the other States. Most other powers were by each State. Weaknesses of the Articles of Confederation 1. One per state, regardless of. 2. Congress had no power to. 3. Congress could not regulate foreign or interstate. 4. No to enforce acts of Congress. 5. No national system. 6. Amendment only with consent of states. 7. states (supermajority) needed to pass. 8. Articles only a firm league of. A Call for a Stronger Government 1. Representatives from Maryland and Virginia met at Mount Vernon, Virginia, in to discuss issues. 2. The meeting was so successful that the Virginia General Assembly requested a of all thirteen States, which eventually became the Constitutional in Philadelphia. 4 Creating the Constitution Framers of the Constitution 1. James was the co-author of the Articles of Confederation. 2. Gouverneur was a lawyer who helped develop the U.S. system of money. 3. Alexander was a lawyer who favored a strong government. 4. George was the successful leader of the Continental. 4

5 Different Constitutional Plans The Virginia Plan 1. Three of government 2. legislature 3. National and National The New Jersey Plan 1. Congress 2. representation for States of different sizes 3. More than federal executive Constitutional Compromises 1. The Compromise a. Delegates agreed on a bicameral Congress, one segment with representation for States, and the other with representation to the States populations. 2. The Three-Fifths Compromise a. The Framers decided to count a as three-fifths of a person when determining the of a State. 3. The Commerce and Slave Trade Compromise a. Congress was forbidden from taxing goods, and was not to act on the slave trade for years. Influences on and Reactions to the New Constitution Influences 1. The Framers were familiar with the political writings of their time, such as works by Jean Jacques and John. 2. They also were, variously, by the Second Continental Congress, the Articles of Confederation and with their own State governments. Reactions 1. When the Constitution was complete, the Framers opinions of their work varied. Some were disappointed, like George of Virginia, who opposed the Constitution until his death in Most agreed with Ben Franklin s thoughts when he said, a. From such an assembly [of fallible men] can a production be expected? It astonishes me, Sir, to find this system so near to perfection as it does 5 Ratifying the Constitution The Federalists and Anti-Federalists The Constitution was very at first, with some groups supporting it, and others it. 1. Federalists thought that the Articles of Confederation were weak, and argued for the of the Constitution. 2. objected to the Constitution for many reasons, including the strong government and the lack of a. The Constitution is Ratified 1. States ratified the Constitution by June 21, 1788, but the new government needed the ratification of the States of and. 2. Great were held in both States, with Virginia ratifying the Constitution June 25, New York s ratification was fought. Supporters of the Constitution published a series of essays known as. Inaugurating the Government 1. The new Congress met for the first time on March 4,. 2. Congress finally attained a (majority) on April 6 and counted the electoral votes. Congress found that George Washington had been unanimously elected. He was inaugurated on April 30. 5

6 C H A P T E R 3 The Constitution, p The Six Basic Principles An Outline of the Constitution 1. The Constitution sets out the basic upon which government in the United States was built. 2. The Constitution is a fairly document. 3. The Constitution is organized into sections: the and seven. The original document is followed by amendments. Articles of the Constitution Section Subject Preamble Article I Article II Article III Article IV Article V Article VI Article VII States the of the Constitution Legislative branch branch Judicial branch among the States and with the National Government the Constitution National, of national law, and oaths of office the Constitution Three of the Basic Principles 1. The principle of popular asserts that the people are the source of any and government power, and government can only with the of the governed. 2. The principle of limited government states that government is in what it may do, and each has rights that government take away. 3. of powers is the principle in which the, legislative, and branches of government are three and coequal branches of government. More of the Basic Principles 1. Checks and is the system that allows the legislative, executive, and judicial branches to check, or, the actions of one another. 2. The principle of review consists of the power of a to determine the of a governmental action. 3. Federalism is a system of government in which the powers of government are between a government and several governments. 2 Formal Amendment Amending the Constitution 1. The Constitution provides for its own that is, for in its written words. 2. Article V sets out methods for the proposal and methods for the ratification of constitutional amendments, creating possible methods of amendment. 6

7 Formal Amendment Process The four different ways by which amendments may be added to the Constitution are shown here: 1. Proposed by Congress, vote of both houses; ratified by 3/4 of state. 2. Proposed by, 2/3 vote of both houses; ratified by of state. 3. Proposed at national requested by 2/3 of state legislatures; ratified by of state legislatures. 4. Proposed at national convention requested by of state legislatures; ratified by 3/4 of state. Amendments to the Constitution Collectively, the first amendments are known as the. They set out many of our basic freedoms. Other deal with rights, the power of the government over the states, law. 3 Informal Amendment Informal Amendment Processes The informal amendment process can take place by: 1. the passage of basic by ; Ex: 2. actions taken by the ; Ex: 3. key decisions of the Supreme ; Ex: 4. the activities of political ; and Ex: 5. custom. Ex: Executive Action and Court Decisions 1. Executive Action a. Presidential actions have produced a number of important informal amendments, such as the use of the under the power of in chief. b. An executive agreement is a made by the President directly with the of a foreign state. 2. Court Decisions a. The nation s courts, most importantly the United States Supreme Court, and apply the in many cases they hear. C H A P T E R 4 Federalism, p Federalism: The Division of Power Why Federalism? The Framers were dedicated to the concept of government. They were convinced: 1. that governmental power poses a threat to individual, 2. that therefore the exercise of governmental power must be, and 3. that to governmental power, as federalism does, is to it and so prevent its. Federalism Defined Federalism is a of government in which a written constitution the powers of government on a basis between a central, or, government and several governments, usually called or provinces. 1. The Constitution provides for a of powers, assigning certain powers to the National Government and certain powers to the States. 7

8 Powers of the National Government The National Government is a government of powers, meaning that it only has those powers delegated ( ) to it in the Constitution. There are types of delegated powers: 1. The expressed powers are those found within the Constitution. 2. The powers are not expressly stated in the Constitution, but are reasonably, or implied by, the expressed powers. 3. The inherent powers belong to the National Government because it is the government of a sovereign within the world community. There are few inherent powers, with an example being the National Government s ability to regulate. Powers Denied to the National Government Powers are denied to the National Government in distinct ways: 1. Some powers, such as the power to levy duties on or prohibit the freedom of religion,, press, or assembly, are denied to the National Government in the Constitution. 2. Also, some powers are denied to the National Government because the Constitution is on the issue. 3. Finally, some powers are denied to the National Government because the system does not intend the National Government to carry out those functions. The States 1. Powers Reserved to the States a) The Amendment declares that the are governments of reserved powers. b) The reserved powers are those powers that the Constitution does grant to the Government and does, at the same time, to the States. 2. Powers Denied to the States a) Just as the Constitution denies many powers the National Government, it also denies many powers to the States. b) Powers denied to the States are denied in much the same way that powers are denied to the National Government; both and. The Exclusive and Concurrent Powers 1. Exclusive Powers a) Powers that can be exercised by the National Government are known as the exclusive powers. b) Examples of the exclusive powers are the National Government s power to coin, to make with foreign states, and to lay (taxes) on imports. 2. Concurrent Powers a) The concurrent powers are those powers that the National Government and the States and exercise. b) Some of the concurrent powers include the power to levy and collect, to define and set for them, and to claim private for public use. The Federal System and Local Governments 1. There are more than units of local government in the United States today. 2. Each of these local units is located within one of the States. Each State has created these through its constitution and laws. 3. Local governments, since they are created by States, are exercising law through their own means. The Division of Powers The federal system determines the way that powers are divided and shared between the National and State governments. 1. National Powers- powers to national government; EX: 2. Concurrent Powers- powers by national and state governments; EX: 3. State Powers- powers to the states; EX: 8

9 The Supreme Law of the Land The Supremacy Clause in the Constitution establishes the Constitution and United States laws as the supreme Law of the Land. 1. When a national/federal law with Constitution, the is supreme. 2. When a law conflicts with national law, the law is supreme. 2 The National Government and the 50 States The Nation s Obligations to the States 1. Republican Form of Government a) The Constitution requires the National Government to guarantee to every State in this Union a Form of Government. 2. Invasion and Internal Disorder a) The National Government is also required to provide of the States from foreign, and aid in protecting against domestic in the States. 3. Respect for Territorial Integrity a) The National Government is constitutionally bound to respect the territorial integrity of each of the. Admitting New States 1. Only has the power to admit new to the Union. 2. Congress first passes an act, an act directing the people of the to frame a proposed constitution. 3. If Congress agrees to Statehood after reviewing the submitted State constitution, it passes an act of, an act creating the State. Cooperative Federalism Even though the basis of federalism is the division of powers between levels of government, there is still much cooperation between them. 1. Federal Grants-in-Aid a) Grants-in-aid programs are grants of federal or other resources to the States and/or their cities, counties, and other units. 2. Revenue Sharing a) Revenue sharing, used between 1972 and 1987, gave an annual of federal tax to the States and their local governments. Federal Grants 1. Categorical Grants are made for some specific, closely purpose, such as school programs or the of airports or water plants. There are usually, or strings, attached to regulate the use of these funds. 2. Block Grants are portions of money allocated to States to use for purposes, such as health care, social services, or. Block grants often are granted with strings attached. 3. Project Grants are provided to States, localities, and sometimes private agencies that for them. They are used for a of purposes ranging from research to job and employment programs. 3 Interstate Relations Interstate Compacts No State may enter into any, alliance, or. However, the States may, with the consent of, enter into interstate agreements among themselves and with states. More than 200 compacts are now in force, and range in a variety of uses from sharing data to resource development and. 9

10 Full Faith and Credit The Full Faith and Credit Clause of the Constitution ensures that States the laws and, documents, and court proceedings of the other. There are exceptions to the clause though: 1. One State cannot another State s laws. And, 2. Full faith and credit need be given to certain granted by one State to residents of State. Extradition 1. Extradition is the legal process by which a from in one State is returned to that State. 2. Extradition is through Article IV, Section 2, Clause 2 of the Constitution. 3. are the State executives that the extradition process. 4. If a governor is to return a fugitive to a State, courts can intervene and that governor to do so. Privileges and Immunities 1. The Privileges and Immunities Clause provides that State can draw distinctions between its own and those persons who happen to live in States. 2. States cannot, for example, pay lower benefits to arrived residents than it does to its long-term residents, Saens v. Roe, However, States can draw distinctions between its own residents and those of other space, such as out-of-state residents higher for State universities than residents. 10