Foundations of American Government

What is power?

• Scientifically: it is the rate of doing work. It is equivalent to an amount of energy consumed per unit time.

• Politically: it is the ability to influence or control the behavior of people.

POWER

• The ability to influence or control the behavior of people

“control the behavior of people”

• Is that government’s job?

How do they do that???

(1.1.1)

“control the behavior of people”

• Is that government’s job?– James I – Divine Right– The Domesday Book (Halliday reading)– Locke’s Social Contract theory

(1.1.1)

Absolute Power

Divine Right

TYRANNY

English Tyranny = Colonial Unrest

• Restriction on land acquisition

• Taxation, but no representation in Parliament

• Required to quarter British soldiers

• Punish those colonies that defy Britain

(1.2.2)

Revolution!

• As the war raged, the founding fathers came together to form the foundations of our government– First Continental Congress– Second Continental Congress (John Adams

video clip)

Declaration of Independence

• Telling King George why we didn’t need him anymore…– Preamble– Political Theory of the Declaration– Injuries and Usurpations

(Declaration of Independence Questions)

Anti-Tyranny

• Goal of the new American States…– Never let a government have the power that

the British government did over the colonies.

Reaction:

The Articles of Confederation

Articles of Confederation

• A reaction to the government of Britain…

• Formed “a firm league of friendship”

• Each state kept its own “sovereignty, freedom and independence…”

• The government had one branch (not a very strong tree…) – the legislative - Congress

Powers of Congress (AofC)

• Make war and peace

• Make treaties

• Set up a monetary system

• Settle disputes among the states

• Fix uniform weights and measures

Powers of Congress (AofC)• Make war and peace (without an army, unless it

was supplied by the states)• Make treaties (with no one, since America was

not respected by anyone)• Set up a monetary system (that the states did not

obey)• Settle disputes among the states (the states didn’t

care what Congress wanted)• Fix uniform weights and measures (states didn’t pay

attention to this either)

Weaknesses of Congress• Could not tax!• Could not regulate trade between the

states!• Could not raise an army!• Could not make the states obey the

Articles of Confederation or the laws made by Congress

• Did not establish an effective court system!

• Could not amend the A of C!(John Jay reading - 1.2.2(pg. 3) and 3)

Constitutional Convention• Framers

– George Washington• Facilitator and peacekeeper

– James Madison• Took copious notes, Father of the Constitution

– Thomas Jefferson• Strong voice for the power of the states, but in France

– Aaron Burr• Strongly opposed to federalism

– Alexander Hamilton• Creator of the national bank and strongly in favor of federalism

– Benjamin Franklin• Wise and respected sounding board

– John Adams• Strong voice, became the second president

Framers’ Philosophy

“Checking Power with Power” (Book 1, Lesson 5, Handouts 7 & 8)

Framers’ Philosophy• Hobbes

– Mankind desires power, is competitive by nature

• Rousseau– Man is essentially free, but in a social contract some

of that freedom is lost

• Montesquieu– Powers of government should be separated

• Calvin– Man is evil and fallen

• Locke– Theorized about specific purposes of government

Two Treatises of Government (1690)

• Government is fundamentally designed to protect property

• Distinguish the various functions of government– Executive, Legislative and Judicial (from The

Spirit of Laws(1750) by Montesquieu)

• Consent is the only legitimate grounds for civil government

• The right of the people to replace their representatives

From all that… they get…

THE FOUNDATIONS

OF

DEMOCRACY

Foundations of Democracy• Fundamental Worth of the Individual

• Equality of All Persons– Equality of opportunity.– Equality before the law.

• Majority Rule and Minority Rights

• Necessity of Compromise

• Individual Freedom– Relative freedom – “The right to swing my

fists ends where the other man’s nose begins.”

Constitutional Convention

• Virginia Plan– Bicameral, population-based

• New Jersey Plan– Unicameral, equal representation

• Connecticut Compromise (Great Compromise)

– Bicameral – one house=population, one house=equal representation

Constitution = Bundle of Compromises

First Political Parties• Formed as a result of the debate over the

Constitution – Two major issues…– increased power of the federal government– lack of a Bill of Rights identifying individual rights

• Federalists (Liberal Constructionists)– argued that the Articles lack of a strong

government limited the U.S.

• Anti-Federalists (Strict Constructionists)– objected to nearly the entire document, especially

to no mention of God, denial of states to print money and to the ratification process (1.3.4&5)

Preamble to the Constitution

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

PREAMBLE

PURPOSE(worksheet)

Six Basic Principles of the Constitution

• Popular Sovereignty

• Limited Government

• Separation of Powers

• Checks and Balances

• Judicial Review

• Federalism

Popular Sovereignty

• People are the only source of governmental power

• The government gets power from the consent of those that it governs

• The Declaration of Independence talked about the importance of popular sovereignty

(worksheet)

Limited Government

• Government is not all powerful• Government can only do what the people give

it power to do• Government must be conducted according to

constitutional principles• Rule of Law: government and its officers are

subject to the law, never above it!

(worksheet)

Separation of Powers

• Three mostly separate branches that act almost independent of one another

• Legislative

• Executive

• Judicial

(worksheet)

Checks and Balances• The three branches

are tied together by a complex system of checks and balances.

• Each branch has the power and responsibility to check the operations and balance the power of the other two. (pg. 130)

(worksheet)

Judicial Review

• The power to decide if a law is constitutional

• This power gives the Supreme Court the right to find a governmental action unconstitutional which would make it null and void

Federalism

• The division of power among a central government and several regional governments

• The central government (Federal) and the regional governments (States) share some powers and have some exclusive powers as well.

(worksheet and 1.4.6)

Amending the Constitution

• The Constitution can be changed to fit the times

• A change to the Constitution is called an amendment

Formal Amendment• Four ways to formally amend the Constitution

– Proposed by Congress (2/3 vote); ratified by ¾ of the states’ legislatures

– Proposed by Congress (2/3 vote); ratified by conventions in ¾ of the states

– Proposed in a national convention called by Congress; ratified by ¾ of the states’ legislatures

– Proposed in a national convention called by Congress; ratified by conventions in ¾ of the states

• Only the first two ways have been used to make written changes to the Constitution (worksheet)

Informal Amendments• Changes in how the Constitution is understood

– not a change in the written words of the Constitution

• 5 processes for informally amending the Constitution– Passage of basic legislation by Congress– Actions taken by the President– Decisions of the Supreme Court– The activities of political parties– Custom

Basic Legislation

• Passed laws to spell out several of the Constitution’s skeletal provisions– Examples:

• Federal Court System• Cabinet

• Added to the Constitution by using many of its powers– Example:

• Commerce power

Executive Action• Manner in which a president uses his

power.– Commander-in-Chief of the armed forces

• Only gives Congress the power to proclaim war, but the president has sent our troops into combat more than 200 times with out a declaration.

– Executive Agreements• Treaties between our country and others must be

approved by Congress, but the president has the power to make executive agreements which has the same power as a treaty

Court Decisions

• The Supreme Court and their lower courts are responsible for interpreting the Constitution

• Informal Amendments come from their interpretations.

Party Practices

• The Framers didn’t mention parties in the Constitution.

• Political Parties formed and they have affected how we conduct elections in this country.– No mention of national conventions to

nominate candidates, but we have them– Electoral College now a “rubber stamp” of

the popular vote

Custom

• Examples:– President’s Cabinet is made up of the heads

of the Executive Departments– Vice-president becomes president upon the

death of a president– Two-term limit of the presidency

(1.6.10)

Bill of Rights

• Amendments 1-10: Bill of Rights

(worksheet)

Bill of Rights

• Defined and specified INDIVIDUAL FREEDOMS

• Limited power through PROTECTIONS AGAINST GOVERNMENT ABUSE OF POWER

• Explained the RIGHTS OF CITIZENS ACCUSED OF CRIMES

Protects Individual Freedoms• Freedom of Religion

– Separation of Church and State

• Freedom of Speech– There are limits…

• Freedom of the Press– Free to criticize.

• Freedom of Assembly– Demonstrations, protests, etc.

• Freedom of Petition– Request change.

Protections Against Abuse of Power• Guns

– Right to have a state militia

• Housing Soldiers– Only part of the Constitution to not be

challenged

• Searches and Seizures– Warrants needed

• Property Rights– Eminent Domain

Protections of the Accused

• Due Process– Rules established in the Constitution and by

laws– Is assured to all inhabitants (page 166 cartoon)

• Trial by Jury– Trials are guaranteed

• Bails, Fines and Punishments– Cannot be excessive or “cruel or unusual”

Settling Disputes

• Ninth Amendment– Addressed the concerns that not all rights

could be covered by the Constitution or the Bill of Rights

• Tenth Amendment– Addressed the concern over Article I, Section

8, Clause 18– Elastic Clause versus the Tenth Amendment

(Strict and Liberal Construction)