King John treated noble people in England poorly, so in 1215 the nobles forced him to sign the Magna Carta. It was a contract that limited the power of the monarch and gave rights to nobles. It said that no one (not even the king) was above the law.
Athens, Greece Athens used direct democracy so every citizen had a voice and a vote, but only men who owned property were citizens.
In 1620, Pilgrims came to America on the Mayflower. They signed an agreement called the Mayflower Compact that said 1. that the government would make just and equal laws for the general good of the colony. 2. it set up a direct-democracy where all men would vote and the majority would rule.
1. It explained the colonists needed to be independent because the British government treated the colonists unfairly. 2. It explained that the colonists believed every person had certain unalienable rights, rights that could not be taken away. 3. It declared that the purpose of government was to protect the rights of the people and that the people had the right to overthrow government if it did not protect their rights. 4. It declared the colonies were free states, independent of Great Britain.
America s written plan for government. The Supreme Law of the Land. The first 10 amendments to the U.S. Constitution created to protect the rights of American citizens.
The Social Contract Theory developed by John Locke It holds that government is a contract between citizens and government. The people agree to give up some of their freedoms and submit to the decisions of the government. In return, the citizens get protection from the government.
Rule of Law No citizen is abovethe law. Separation of Powers It limits the government by dividing it into three branches. The founding father s set up a weak government under the Articles of Confederation because they were afraid a strong government would abuse its power!
did the framers write the Constitution? Because the Articles of Confederation Government was too weak. Shay s Rebellion demonstrated that it was too weak to survive.
A. Congress could not pass a law unless nine states voted in favor of the law. B. The government had no power to regulate trade between states. C. To amend the Articles of Confederation, all of the 13 states had to approve. D. There was no executive branch or judicial branch. E. The federal government could not tax or demand money from state governments.
Supporters of the Constitution! Wrote the Federalist Papersto gain support for the Constitution. They explained the problems that existed under the Articles of Confederation. Authors:Alexander Hamilton, John Jay, and James Madison.
John Locke, a philosopher who heavily influenced Thomas Jefferson s writing in the Declaration of Independence. John Locke believed that all people had the rights to life, liberty, and property. He believed that the power of the government comes from the Consent of the Governed.
1. Writ of Habeus Corpus requires an official bring the accused before the court to know the charges against him or her. This protects people from being in jail illegally. 2. Due Process of Law - The 5 th and the 14 th amendment guarantees that the government cannot take your life, liberty, or property without a legal reason or without following certain legal processes.
Divides government between state and national levels. It keeps the government from becoming too powerful!!
It called for three branches of government: legislative, judicial, and executive. Proposed by James Madison Legislative Branch would be divided into two houses. Each state s representation (votes) would be BASED ON POPULATION. The big states were in favor of this plan because they got more votes.
Proposed by WilliamPatterson It called for three branches of government: legislative, executive, and judicial. It called for a unicameral legislature where each state had EQUALRepresentation. It was popular with the smaller states because it gave all states equal votes.
Proposed by Roger Sherman It called for three branches of government. The Legislative Branch would have a bicameral legislature with a Senate and a House of Representatives. In the Senate, all votes would be based on equal representation. In the House of Representatives, votes would be based on population.
1 st Protects the rights of speech, religion, press, assembly, and petition. 2 nd Citizens have the right to bear arms (own guns). 3 rd Citizens cannot be forced to house troops in their homes 4 th Citizens cannot have property searched or seized without a warrant 5 th Citizens cannot be tried without an indictment. They are protected from double jeopardy and self incrimiation. They have the right to due process of law.
6th - Every citizen has the right to a speedy, fair trial by jury, the right to know the charges against them, and the right to an attorney. 7 th - Every citizen has the right to a trial by jury in civil matters exceeding $20.00. 8 th No citizen shall be subject to cruel or unusual punishment. 9 th - The rights of citizens are not limited only to the rights in the Bill of Rights. 10 th - All rights that are not given to the federal government are reserved for the states.
13 th - It outlawed slavery in the United States. 14 th - It defined U.S. citizenship. 15 th - It gave African-Americans Americans the right to vote. 17 th - It established that Senators would be elected by popular vote and not by state legislatures. 19 th It gave women the right to vote.
The Constitution created three Executive Branch Who? The President, Vice-President, and Cabinet What? The main job is to enforce laws Judicial Branch Who? The Supreme Court and federal courts What? The main job is to interpret laws Legislative Branch Who? The Congress What? The main job is to make laws
Dictatorship- government controlled by one person. Oligarchy- government where a few people are in control. Monarchy- government headed by a king or queen.
Constitutional Monarchy- King s or Queen s power is limited by a legislature. Totalitarian the government controls almost every aspect of citizens lives. Theocracy- government where religion plays a dominant role.
Direct Democracy- people make all of the decisions Representative Democracycitizens choose a smaller group of people to govern them.
Parliamentary system a system of government where the legislature and executive share power through an elected assembly. The most common form of democratic rule in the world. The Prime Minister acts as the executive and the Parliament acts as the legislature
2 ways to become a U.S. citizen 1. By being born in the U.S. 2. By going through the process of Naturalization
The Process of Naturalization 1. Declaration of Intent:SAM signs a statement saying that he wants to be a U.S. citizen. 2. Application:After 5 years, if SAM is at least 18 years old and has lived in the same state for 3 months, he files an application for citizenship. 3. Interview:SAM interviews with a USCIS Official to make sure he is of good moral character. 4. Citizenship Test:SAM takes a Citizenship Test with reading, writing, and basic English. It also has Government and History Questions. 5. 5. Oath:If the application is approved, SAM pledges an Oath of Allegiance to the U.S.
Checks and Balances gives each branch of government a way to limitthe power of the other branches. WHYdo we have it?? It keeps any branch of government from becoming to strong and abusingpower.
Checks and Balances Draw arrows to show the way each branch of government limits the power of the other branches. Can appoint judges Executive Can declare Presidential actions unconstitutional Judicial Branch VETO LAWS Branch Approve all of the people nominated for jobs Override a Veto Impeach Impeach Approve all treaties Legislative Branch Approve judges Declare laws unconstitutional
Things Americans should do. 1. Be Informed -know about governmental decisions that effect you 2. Vote- people give the government power 3. Be tolerant- don t violate the rights of others 4. Contribute to the Community-work to improve community life
Things that citizens haveto do or face legal consequences 1. Obey Laws 2. Pay Taxes 3. Defend the Nation-draft 4. Serve in Court-jury duty 5. Attend School
Something granted to citizens and protected by the Constitution 1. Writ of Habeus Corpus-Requires an official that arrests someone to bring the person into court and explain the charges. 2. Bill of Attainder-It is the law that punishes a citizen without a fair trial. These are outlawed by the Constitution. 3. Ex poste facto-a law that would allow a person to be punished for an action that was not against the law when it was committed. 4. Due Process of Law-The government may not take our life, liberty, or property except for when they follow the specific legal regulations.
1. Be informed about the candidate and the issues. 2. Campaign about an issue or a candidate. 3. Register to vote and VOTE!! *Which of these can someone under the age of 18 do to participate in the political process?
Voting Requirements 1. At least 18 years old 2. Citizen of the U.S. 3. Registered to Vote
It is made up of two houses, the Senate and the House of Representatives. Congress is housed in the United States Capitol.
Congressional Leadership (Continued) President Pro Tempore Because the Vice President is so busy, the Framers also created the position of Pro Tempore. The President Pro Tempore rules the Senate when the Vice President is absent. Because the Vice President is often not involved with Senate matters, the Majority leader of the Senate also enjoys significant power.
Other Congressional Leaders Majority party-the political party that has the most members in Congress A. Majority Leader member of the majority party that guides legislation B. Majority Whip member of majority party that raises support for bills. Minority party-the party that has fewer members in Congress than the majority party. A. Minority Leader Member of the minority party that guides legislation B. Minority Whip Member of the minority party that helps raise support for bills.
House of Representatives You must be at least 25 years old. You must have lived in the state you wish to represent for at least 7 years. You must have been a U.S. citizen for at least 7 years. Senate You must be at least 30 years old. You must have lived in the state you want to represent for at least 9 years. You must have been a U.S. citizen for at least 9 years.
A person must be at least 35 years old, a natural born citizen of the United States, and a resident of the U.S. for at least 14 years. 22 nd Amendment limited the President to two terms. The most years he can serve is 10. This only happens if a person serves the remainder of another President s term.
The Electoral College Citizens vote for electors who vote for the President in the Electoral College.
A proposed law. How a Bill becomes a Law 1. Introduction 2. Standing Committee. 3. Debate 4. Vote 5. Presidential Action
A bill is introduced by a member of Congress to an entire session (either all of the House or all of the Senate) and given a title and a number. Example: HR-102 or S-231
The chairperson of the committee decides whether or not to discuss a bill. The committee chooses whether or not to send the bill to the floor for a vote. If a bill is not sent to the floor for a vote, it dies in committee, and doesn t become law.
The actions a committee takes towards a bill 1. They can pass the bill without changes. 2. They can change a bill and suggest it be passed by the house. 3. They can replace the original bill with an alternative bill that is slightly different. 4. They can ignore the bill or pigeonhole it which kills the bill, and it will not become law. 5. They can kill the bill by a majority vote of the committee.
The Congressmen and Senators discuss the parts of a bill before they vote on it. 1. If a bill is approved by the committee, it is debated by the full House or Senate. 2. In the House of Representatives, the Rules Committee limits debates, but in the Senate there are no time limits. Senators can filibuster! The unlimited debate of a bill. A filibuster can go on so long that a bill is never sent to the floor for the vote. The filibuster can only be ended by Cloture Rule. 3/5ths of the Senate has to vote to invoke the Cloture Rule and end the debate.
The Congressmen and Senators vote to pass or reject the bill. When a bill is approved by one house it goes to the other to begin the process again. When it has passed both houses, it goes to the President. If two versons of a bill pass, a conference committee decides a compromise. If a bill is not passed, it must start at the beginning to be rewritten and reintroduced to become law.
When a bill passes both houses of Congress, it is sent to the President. The president has three choices: 1. Sign the bill and make it a law 2. Veto (refuse to sign) the bill, and it does not become law. If the President vetoes a law, the Congress can override it with a 2/3rds majority. 3. Pocket-Vet0 If the President ignores the bill for 10 days and Congress is in session, it automatically becomes law. If Congress is not in session, the bill dies.
Chapter 7 Section 2 1. Chief Executive He appoints judges to the Supreme Court, but he must be approved by the Senate. He issues Executive Orders (statements that have the force of law). 2. Chief Diplomat He makes treaties (agreements between governments) that must be approved by the Senate. He is in charge of foreign policy, or the relationship that the U.S. has with other countries. 3. Commander-In-Chief The President is in charge of the Army, Navy, Air Force, Marines, and Coast Guard. Only Congress can declare war, but only the President can order U.S. troops into battle.
Chapter 7 Section 2 4. Legislative Leader President makes speeches to gain support for legislation that is important to him. He can choose to sign, veto, or pocket veto a bill passed by Congress. 5. Head of State President is the living symbol of the United States. 6. Economic Leader The President is expected to help the economy. He helps plan the federal budget. He deals with unemployment, inflation, and taxes. 7. Party Leader The President is the unofficial leader of his political party. He makes speeches and helps raise support.
Its main job is to advise the President. It is made up of the heads of the Executive Departments.
Voters choose candidates for various offices. They take place on the first Tuesday after the first Monday in November of even numbered years. All of the seats in the House of Representatives and 1/3 of the seats in the Senate are elected every even numbered years.
It is America s plan for dealing with other countries. goal of U.S. Foreign Policy is
1.The President creates treaties that must be approved by the Senate. 2.The President appoints (chooses) Ambassadors to represent the United States and the Senate approves them. 3.Congress can declare war, but the President sends the troops into battle.
There are three levels of Federal Courts. The highest court is the Supreme Court. The goal of all federal courts is equal justice under the law or for every person to be treated the same. U.S. Supreme Court U.S. Court of Appeals U.S. District Court
The trial courts for civil and criminal trials. 1. They have original jurisdiction (they hear all federal cases first). 2. They are the only federal courts where witnesses testify and juries hear cases and reach verdicts. 3. Each state has a District Court.
*Also called Circuit Courts They review decisions made by the lower District Courts. 1. They have appellate jurisdiction. They hear cases in which someone disagrees with the verdict (outcome) of a case. That person can appeal the decision and ask for it to be overturned (changed) by a higher court. 2. There are 12 appeals courts. Each one presides over an area known as a circuit.
Judges (not juries) make decisions. The Verdicts in Appeals Courts 1. Uphold the original decision made by a lower court 2. Reverse the original decision made by a lower court 3. Remand the case send back to a lower court to be retried
1. Cases that involve the Constitution 2. Cases where Federal Law has been violated 3. Disagreements between state governments 4. Cases between citizens of two different states 5. Lawsuits against the Federal government 6. Cases that involve any foreign government or treaty 7. Disputes that deal with crimes on the high seas 8. Cases involving U.S. diplomats.
Most Important Job: To interpret laws by comparing them to the Constitution.
It is the most powerful court in the United States. Its decisions can only be overturned by itself. It is made up of one Chief Justice and eight Associate Justices. Powers of the Supreme Court 1. Judicial Review - decides whether laws or actions by officials are constitutional. (MOST IMPORTANT) 2. Interprets the laws that are passed by Congress.
Stare Decisis - it is the belief that the courts should follow precedents and let past decisions stand whenever possible.
City laws are called They are subject (under) state and federal laws.
How cities are governed depends on home rule. Home Rule is the right of a city to manage their own affairs.
Congress has DELEGATED and IMPLIED powers. Article I Section 8 Clause 18 gives Congress Implied power 1. Delegated given in the Constitution 2. Implied Congress can pass all of the laws they need to in order to do their job.
1. Marbury vs. Madison (1803) - Judicial Review. Gave the court the power to decide what the Constitution means. 2. McCulloch vs. Maryland (1819) - Gave Congress additional implied powers. It established that federal was more powerful than state law. 3. Plessy vs. Ferguson(1896) - Separate but Equal. Established that blacks and whites could be separated as long as facilities were created equal.
4. Brown vs. Board of Education of Topeka, Kansas (1954) - Outlawed Segregation. Said that no separation could really be equal because it made one race inferior. 5. Gibbons vs. Ogden (1824) It allowed Congress, not the states, to regulate interstate trade and intrastate trade. It gave more power to the Federal Government.
How do judges get their jobs? They are appointed by the President and approved by the Senate. Once they are approved, they serve a life term. They can only be removed from office by impeachment. Why do Federal Judges serve a life term? It keeps them free from political influences.
What is a political party? It is a group of voters who agree on how to run government and other issues. The United States has a two party system. In most elections there are only two parties represented. The two major political parties in the U. S. 1. The Democratic Party 2. The Republican Party
National Committee State Committee Local Committee
Their Key Job is to Hold a National Convention At Convention, they adopt a party platform. They also nominate a candidate for President and Vice President.
Party Platform Is a statement of a political party s beliefs. Each plank of the party s platform represents a separate issue.
The National Committee helps re-elect members of Congress and raise money for their party. They also campaign and raise support for candidates.
They work to help get members of their party elected to state offices and to raise national support when it is needed. The National Committee depends on the Local Committee workers to run grassroots (neighborhood) campaigns. They distribute information and go door-to-door to help raise support for national candidates.
1. Nominate Candidates Primary elections are held where citizens vote for a candidate to represent their political party. 2. Campaigning for candidates 3. Inform American citizens about important issues. 4. Watch Dogs Political parties watch each others actions for mistakes and keep the public informed about their actions.
Where candidates in a political party compete with one another to win the nomination of the party. It can be closed or open. Closed Primary Only declared members of that party are allowed to vote for the presidential nominee Open Primary Members of any party can vote for the presidential nominees.
How does the Media effect government and elections? 1. It effects public opinion. Depending on how the media presents a topic can determine whether it gets support from the public. 2. It effects elections. The way that candidates appear on T.V. effects the way the public views candidates. 3. It is a watchdog. The media makes corruption known to the public and helps keep public officials honest.
I. The Sources of our Laws A. Code of Hammurabi It was the first set of written laws. It was written in Babylon in 1760 B.C. It established laws for everyday life and punishments if those laws were broken. B. Roman Law 1. Romans made law a science known as jurisprudence. It means the study of law. 2. Over hundreds of years, the laws in Rome became very complicated. Emperor Justinian I in 533 A.D. organized the laws into an organized code called the Code of Justinian. 3. 1200 years later, French Emperor Napoleon Bonaparte updated the Justinian Code and renamed it the Napoleonic Code. It spread all over Europe, and colonists brought it to the United States.
C. The Ten Commandments They were moral rules given to the Hebrews by God. They are found in the Bible. Ideas like Thou shalt not kill are still evident in U.S. laws. D. English Law the most important source of American Law 1. English Common Law is a type of law based on precedents (court decisions) rather than written laws. In America, when judges make decisions on a case, they look back at previous cases much like the English did under common law. 2. Parliament grew in power and the acts of Parliament became known as statutes. They became the dominant law in England. In America, our Congress issues statutes.
1. 4 th Amendment It requires the police to get a search warrant to search or seize a persons property. 2. 5 th Amendment It allows a person to refuse to testify. It outlaws double jeopardy. It guarantees that evidence be brought before a grand jury to decide whether the government has enough evidence to go to trial. 3. 6 th Amendment It guarantees the accused the right to a lawyer, the right to know the charges against them, and the right to a speedy and public trial by jury. 4. 8 th Amendment It outlaws cruel and unusual punishment and it prohibits excessive bail.
Criminal Law In a criminal case the government charges someone with a crime. The accused person is called the defendant. In the U.S. court system, a person is innocent until proven guilty. Type of Crime Definition Punishment Misdemeanor A minor law violation Less than a year in jail or a fine. Felony A serious law Violation A year or more in jail. Murder may receive the death penalty.
Civil Law In a civil case, the plaintiff claims to have suffered a loss because of the defendant. The plaintiff sues the defendant for damages. The defendant claims that there was not a loss, or that he or she was not responsible for the loss. Types of Civil Cases 1. Property Disputes arguments over property 2. Breach of contract broken legal agreements 3. Family matters divorces and adoptions 4. Negligence when someone is injured because of another person s carelessness. 5. Personal injury when a person is injured and it is someone else s fault
What are Juvenile Cases? Cases in which the government prosecutes a juvenile. Young people who commit crimes are called juvenile delinquents. The goal of the juvenile system is to rehabilitate offenders rather than punish them.