Constitutional Underpinnings of the United States Government What is politics? the struggle amongst groups to control or influence government political efficacy- how successful you are at politics What is government? institution though which the state makes and enforces laws state Features of the state territory population government sovereignty nation common language, history, religion, culture nation-state when the boundaries of a nation and state coincide Origins of the state Force theory physical or military force to establish sovereignty Evolutionary theory government came from family political structures Divine Right theory governments are chosen by God Social Contract theory developed by John Locke government is an agreement between rulers and subjects basis for Declaration of Independence Government Systems Unitary system all government functions at the national level Confederate system all government functions at the local level Federal system government functions are divided between national, state, local Separation of Powers national, state, local executive, legislative, judicial Checks & Balances How is the division of powers decided in the U.S.? expressed powers directly stated in the Constitution collect taxes, coin money, declare war, etc. implied powers Article 1, Section 8
elastic clause necessary and proper inherent powers immigration, foreign affairs, etc. state government powers reserved by the 10th amendment concurrent powers simultaneously at multiple levels of government tax collection denied powers torture, ex post facto laws, bill of attainder supremacy clause the Constitution and the federal government win ties the Supreme Court moderates disputes Fiscal Federalism Using money(taxes, grants, etc) to influence state policy Grants Categorical vs. Block Government Types Anarchy the absence of government Autocracy one ruler has absolute control of all aspects of society totalitarian dictatorship North Korea Kim Jong Un absolute monarch France Louis XIV Constitutional monarchy ruler selected by heredity but limited by constitution/legislature Great Britain today Theocracy when leaders of government and religion are the same laws of religion and government are same Iran today Oligarchy a small group of rulers who control the country elitism Soviet Union Politburo Democracy Direct democracy all citizens make all decisions by voting pluralism no majority needed, most votes wins Ancient Greece Athens hyperpluralism
Representative democracy Republic people elect others to make decisions Parliamentary legislature elects executive Presidential people elects executive How do democracies work? individual liberty majority rule with minority rights free elections political parties Non-state groups international groups United Nations, Red Cross Our Local Government California State Legislature bicameral representation in each based on population earn $99,000/year State Senate 40 members 4 year terms(limit of two) State Assembly 80 members 2 year terms(limit of three) California Executive Branch Governor Jerry Brown 4 year term(limit of two) Other elected offices Lieutenant Governor presides over Senate Secretary of State Chief election officer and keeper of records State Controller Chief fiscal officer accountant State Treasurer Chief banking officer invests state funds Attorney General Chief law enforcement officer Superintendent of Public Instruction Chief education officer Board of Equalization four members, responsible for prop. tax Insurance Commissioner oversees Dept. of Insurance History of the Constitution Great Britain had a large impact on Founding Fathers Magna Carta 1215 trial by jury of peers(nobility only) protected against loss of life, liberty, property Representative government Parliament(House of Lords, House of Commons) English Bill of Rights(civil liberties) John Locke government as a contract between subject & ruler
Colonial Period early established democratic traditions in America Mayflower Compact 1 st written rules of government in the New World House of Burgesses Virginia 1 st representative government in the colonies Americans move towards independence Committees of Correspondence Second Continental Congress both move colonies toward unity Declaration of Independence based on theories of Locke Articles of Confederation(1777 1787) no power to tax no power to regulate interstate trade no power to enforce laws 9 states necessary to enact laws Amendments require unanimous agreement no executive branch no national court system 1786 Shay s Rebellion demonstrated weakness of Articles Annapolis Convention reps from 5 states meet and call for reform Federalists Alexander Hamilton & James Madison 1787 Constitutional Convention meets in Philadelphia Virginia Plan legislature has all power representation based on population New Jersey Plan small state option, one state one vote principle Connecticut Compromise bicameral legislature(house of Representatives/Senate) 3/5 compromise on status of slaves Ratification is controversial Federalists vs. Anti-federalists 1 st political parties in U.S. Federalist Papers 10 & 51 Federalists promise Bill of Rights, Constitution ratified in 1789 The Constitution Preamble to form a more perfect union to establish justice to insure domestic tranquility to provide for the common defense to promote the general welfare
to secure the blessings of liberty Articles I. The Legislative Branch II. The Executive Branch III. The Judicial Branch IV. Relations among states Admission of new states Enabling act of Congress allows territory to write state constitution Acts of Admission approval of state constitution Congress can set conditions for admission Utah polygamy all states are equal regardless of admission date Full faith and credit states must recognize laws & contracts of other states Privileges and immunities citizens of one state can t be favored over other citizens Extradition states will send criminals back to state of crime V. The Amending Process 2/3 vote of Congress or National Convention(never used) to initiate ¾ of states(38) must ratify amendment to take affect states can choose method of ratification state legislature or state convention Congress sets other rules for ratification ex. traditional 7 year time limit VI. National Supremacy Constitution is supreme law of the land VII. Process for Ratification of the Constitution Principles of the Constitution Popular sovereignty power ultimately resides with the people of the United States Federalism power divided amongst national, state, and local government Separation of Powers checks & balances Limited government when in doubt, government is restricted from acting Constitutional Amendments Bill of Rights 1 st 10 Amendments(all passed by 1792) 1 st separation of church & state freedom of speech and press
2 nd 3 rd 4 th 5 th 6 th 7 th 8 th 9 th 10 th 11 th 12 th slander speech intended to damage libel written word intended to damage right of assembly right to organize state militias and bear arms prohibits the quartering of soldiers in homes prohibits unreasonable searches & seizures probable cause search or arrest warrant Four protections for those accused of crimes grand jury indictment for serious crimes(felonies) protection from double jeopardy can t self-incriminate guaranteed due process of law Eminent domain power of government to take private property for public use Five basic rights at trial speedy, public, impartial trial by jury informed of charges right to hear and question witnesses right to compel witnesses to testify right to an attorney right to settle all civil disputes of > $20 by jury now has been raised to $1000 right to bail protection from cruel and unusual punishment all rights not included are retained by the people All powers not given to the national government nor denied to the states are given to the states states are immune from certain civil litigation establishes one ticket for President and Vice-President Civil War Amendments 13 th abolishes slavery 14 th protects right without due process at all levels of government 15 th protects right to vote regardless of race, color, or creed 20 th Century Amendments
16 th establishes national income tax 17 th provides for direct election of Senators 18 th establishes prohibition of alcohol 19 th women given right to vote 20 th lame duck amendment, changes inauguration from March 4 th to Jan 20 th 21 st repealed 18 th amendment 22 nd limits president to two terms or 10 years in office 23 rd District of Columbia gains voting rights 24 th prohibits poll taxes 25 th establishes procedures for VP replacing disabled president 26 th lowers minimum voting age to 18 27 th Congress must stand for reelection before receiving salary increase Informal Changes to Constitution Clarifying Laws judicial system was filled out by Congress Pres. Washington established the Presidential Cabinet Impeachment process est. for Johnson, Nixon, and Clinton Negotiation of foreign affairs Executive agreements Military powers of the presidency Court ruling change over time judicial review - Supreme Court reviews constitutionality of laws activism vs. restraint