3. Popular sovereignty - Rule by the people - People give their consent to be governed by government officials - People have the right to revolution
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1 Unit I Notes Purposes of Government - Maintain social order - Provide public services - Provide security and defense - Provide for the economy - Governments get authority from: o Their legitimacy o Ability to use force Natural Rights & Social Contract Theory 1. Social Contract Theory - Between the government and the people - Government must protect individual rights or the people have the right to change or abolish the government - Hobbes society is chaotic and can only be controlled by an absolute ruler - Locke society is civilized and people have natural rights of life, liberty, and property given to them at birth; these rights cannot be taken away and should be protected by the government 2. Individual Rights - According to Locke are life, liberty, property - Given to people at birth - Cannot be taken away 3. Popular sovereignty - Rule by the people - People give their consent to be governed by government officials - People have the right to revolution 4. Consent of the governed - Agreement of the people to be governed 5. Limited government - Concept that government is limited in their powers - US government is limited by the Constitution - Concept came from the British Magna Carta written in
2 Origins of the Constitution 1. Magna Carta - Written in Limited Government concept that the monarch s power; or government, was limited and not absolute 2. Petition of Right - English monarchs retained a lot of power - But Parliament was consulted - RESULT: Limited the power of the king 3. English Bill of Rights - Written in Very similar to our Bill of Rights - Included: Consent of the governed, Individual rights - IMPACT: Major reason for the American Revolution 4. Other Influences - Representative Government - Social Contract - Mayflower Compact o Signed in 1620 by the Pilgrims Declaration of Independence 1. General Info - Introduced by Richard Henry Lee of Virginia - Written by Thomas Jefferson - Approved on July 4, Formally declared our independence from Great Britain 2. Three Parts - Part 1 States why the colonists were writing the declaration - Part 2 Lists all their grievances against the King - Part 3 Formally declares their independence from Great Britain 2
3 Articles of Confederation 1. Government Under the Articles - Included a unicameral (One-house) legislature - Congress only had powers specifically listed in the Articles and there weren t many 2. Weaknesses of the Articles - Created an ineffective national government - Congress could not levy or collect taxes - Congress could not regulate trade - Congress could not enforce laws or the Articles - Laws needed the approval of 9 out of 13 states - Amending the Articles needed the approval of ALL states - No executive branch - No national court system 3. Achievements of the Articles - Northwest Ordinance - Won the Revolutionary War - Setup the departments of Foreign Affairs, War, marine, and the Treasury The Constitutional Convention 1. Growing Problems - Border disputes between states - Each state thought it was sovereign and independent - Some states even dealt directly with foreign nations - Congress could not do anything to fix these problems - Serious debt no power to tax - No army 2. Shays Rebellion - Caused by economic problems - Armed farmers angry about foreclosures - Daniel Shays gathered 1200 men to attack the federal arsenal in MA - Federal gov t had no authority to act - Made people realize the ineffectiveness of the gov t under the Articles 3. Important Leaders - James Madison Father of Constitution - George Washingon President of the Convention - Benjamin Franklin oldest delegate and very influential 3
4 4. Two Plans for Government - New Jersey Plan (small state plan) o One house Congress o Each state gets one vote - Virginia Plan (large state plan) o Two house Congress 1 chosen by the people, 1 chosen by other house o Large states get more votes - Great Compromise o Two house (bicameral) Congress o House of Representatives based on population o Senate two per state 5. Slavery & the South - Three-Fifths Compromise o Slaves counted three for every five slaves o Counts for representation and taxation - Slave trade to end in Congress could not tax exports 6. Ratification Process - Federalists o James Madison & Alexander Hamilton o Favored strong national government o Supported the new Constitution - Anti-Federalists o Thomas Jefferson & o Feared strong national government o Opposed the new Constitution o Wanted a Bill of Rights added The Constitution 1. Divided into three parts: - Preamble o Explains why the Constitution was written and the purposes of government - The Articles o Article 1 = Legislative Branch o Article 2 = Executive Branch o Article 3 = Judicial Branch o Article 4 = Explains the relationship between states and the national government o Article 5 = Explains how the Constitution can be amended o Article 6 = Contains the supremacy clause o Article 7 = Addresses ratification and states that the Constitution will be ratified with approval of 9 states 4
5 - The Amendments o The changes made after the Constitution was written o The first 10 amendments make up the Bill of Rights o There are 27 total amendments 2. Major Principles - Popular Sovereignty rule by the people - Federalism power is shared & divided between national and state governments - Separation of Powers power is separated among the three branches - Checks and Balances each branch has the power to check and oversee the other branches - Judicial Review power of the Supreme Court to declare laws unconstitutional - Limited Government concept from Magna Carta; government has limited powers Amendments 1. Bill of Rights - 1 st freedom of speech, press, petition, assembly, and religion - 2 nd right to bear arms - 3 rd no quartering of soldiers - 4 th cannot be subjected to unreasonable search and seizure - 5 th due process, no double jeopardy, eminent domain - 6 th right to speedy, and public trial - 7 th right to jury trial in federal disputes - 8 th no excessive bails or cruel and unusual punishment - 9 th all other rights not spelled out are reserved to the people - 10 th all rights not given to national gov t or denied to the states are reserved to the states 2. Other Important Amendment - 13 th abolished slavery - 14 th equal protection, due process, incorporation - 15 th all men regardless of race may vote - 19 th women have the right to vote - 22 nd limits president to two terms in office - 23 rd gives Washington D.C. 3 electoral votes - 24 th eliminated poll taxes - 25 th establishes line of secession for the presidency - 26 th gives 18-year-olds the right to vote 5
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