VOCABULARY WORDS

VOCABULARY• amendment—a change in the

constitution.• bicameral—having or consisting of two

legislative chambers or houses.• bill of attainder —a person could be

called guilty and be put to death without a jury, without a court hearing, and without real proof of guilt.

• Cabinet—the heads of the President’s executive departments.

• census—a count of the people.

VOCABULARY• checks and balances —a system in which

political power is divided among the three branches of government, with each having some control over the others.

• domestic—having to do with home; affairs within the country.

• due process —federal and state governments cannot deprive an individual of life, liberty, or property by unfair or unreasonable actions.

• elector—one who elects; persons elected by the voters to vote for President and Vice-president.

• ex post facto —a law which punishes a person for something which was not against the law when the person did it.

VOCABULARY• filibuster—a tactic, often a lengthy speech or

debate, designed to delay the Senate’s vote on a bill.

• habeas corpus—“you shall have the body”; a court order that requires a judge to evaluate whether there is sufficient cause for keeping a person in jail.

• impeach—to accuse a government officer of doing wrong.

• judicial review —the power of the courts to establish the constitutionality of national, state, or local acts of government.

• jurisdiction—the right to rule; refers to a court which has the right to rule over other courts.

VOCABULARY• majority—when the number of votes for one

side are more than half of all the votes.• naturalize—to give the rights of a U.S. citizen

to a person who was born in another country.• pardon—to excuse a person completely from

punishment of a crime.• popular sovereignty —the fundamental

principle that the power to govern belongs to the people and that government must be based on the consent of the governed.

• quorum—the number of members needed to be able to go ahead and do business.

VOCABULARY• reprieve—a delay of punishment; the

President delays a person’s death.• revenue—money coming into the

government, usually in the form of taxes.• suffrage—the right to vote.• treason—fighting or working against

your own nation.• veto—the power to stop or say not to

something in government; to turn down a bill.

PRINCIPLES OF GOVERNMENT

Government and the StateForms of Government

Basic Concepts of Democracy

What is Government?• The institution through which a society makes and enforces its public policies.• It is made up of those people who exercise its powers•Governments have power to make and carry out public policies• Every government exercises three basic kinds of power: legislative, executive and judicial• They are often confined to a constitution, or body of

fundamental laws setting out the principles, structures and processes of a government

Types of Government• Dictatorship• Those who rule cannot be held responsible to the will of the people• The responsibility to exercise the power is left up to a single person or small group of people• Sometimes identified as either autocracies or oligarchies• Autocracy: single person holds all power• Oligarchy: small self-appointed elite rule• Modern dictatorships are more totalitarian—exercising complete power over nearly every aspect of human affairs

Types of Government

•Democracy•Supreme authority lies with the people•Majority rules•Direct or Indirect•Direct = pure democracy•Does not exist at the national level

• Indirect = representative democracy•American form of government

Types of Government• Unitary • All powers held by the government belong to a central agency• Examples: GB Parliament

• Don’t confuse with a dictatorship: the central government does not hold all power necessarily, and in this way it is more democratic

• Federal Government• Powers divided between central government and local governments• The division of powers is essential• Each of the 50 states is Unitary, not Federal, in form

Types of Government• Presidential Government• Separation of powers between executive and legislative• The U.S. is the World’s leading presidential government

• Parliamentary Government• Executive is a prime minister or premier• The PM and Cabinet are members of the legislature

• The Legislature controls the executive• The PM only retains power if a majority of the parliament

sides with him• If not, he may receive a vote of “no confidence” and a new

PM may be elected• Avoids the problems of a presidential government• Most common form of government in the world today

OUR POLITICAL BEGINNINGS

Beginnings of American GovernmentComing of independence

Critical Period

Basic Concepts

•3 Ideas that define our system• Ordered Government• Limited Government• Representative Government

•Where did these Ideas Come From?• Magna Carta• Petition of Rights• Bill of Rights

Pivotal Documents

•Magna Carta• Trial by jury• Due Process• Private Property

•English Bill of Rights• No cruel punishment• No excessive bail or fines• Right to bear arms• Right to petition

• Petition of Right• Challenged the idea of Divine Right of Kings• No Martial Law may be imposed• No unlawful imprisonment

• Virginia Bill of Rights• No unreasonable searches and seizures• Freedom of speech• Freedom of the press• Freedom of religion

English Colonies

•Each of the colonies were built for different reasons, and so they all had different plans, but they all were shaped by their English heritage•Each was established on the basis of a charter, a written grant from the king•This led to the development of three types of colonies: royal, proprietary, and charter

Royal Colonies

•Subject to the direct control of the Crown•By 1775 there were 8 Royal Colonies•The king appointed the governor•A council was also named by the king•The colony elected its own legislature to create a bicameral legislature• Laws passed by the legislature had to be approved by the governor and the Crown

Proprietary Colonies

•Maryland, Pennsylvania, Delaware•Organized by a proprietor, or person whom the King had granted land•William Penn and Lord Baltimore were the proprietors•The Proprietor chose the governor and each colony had its own legislatures

Charter Colonies

•Connecticut and Rhode Island• Largely self-governing•Governors were elected each year by the white male property owners•The Crown’s approval was not needed

The Coming of Independence

•By the 1700s the relationship between the colonies and the Crown had become Federal•Many freedoms were granted to the colonies prior to 1760—giving them the idea that they could govern themselves•George III came to power and changed it all•New Direct Taxes were installed as well as many of their freedoms were taken away

Growing Colonial Unity

•New England Confederation—”league of friendship”•The Albany Plan—Benjamin Franklin• 1754 seven northern colonies• Purpose: to discuss the problems of colonial trade and the danger of attacks by French and Indians• Franklin proposed the annual congress of delegates to meet yearly• Turned down by the colonists and the Crown

Growing Colonial Unity

•Stamp Act Congress• Stamp Act passed in 1765• 9 Colonies met to pass a declaration of rights and grievances• Stamp Act repealed• First time majority of colonies worked together• Protests will stir from the passage of new acts following the repeal of the Stamp Act

First Continental Congress

•Spring 1774—Parliament passed new acts to punish Boston for the Tea Party•Delegates from every colony except Georgia met in Philadelphia in September 1774•They debated plans for action•The members of the delegation called for the boycott of all trade with England•They promised to meet again the following May

Second Continental Congress• May 1775• By this time, the Revolution had begun• The battles of Lexington and Concord had been fought three weeks earlier on April 19• Every colony sent representatives• John Hancock was elected president• Washington was appointed Commander in Chief of the military• 2nd Continental Congress served as our nations first government—no constitutional basis• Adopted the Declaration of Independence 1776• Adopted the Articles of Confederation 1781

Declaration“Resolved, That these United Colonies are, and of right ought to be, free and independent States, that they are absolved from all allegiance to the British Crown, and that all political connection between them and the State of Great Britain is, and ought to be, totally dissolved.”

--Richard Henry Lee, Virginia

• Continental Congress formed a committee to debate this resolution•On July 2nd, the resolution was passed, and the Declaration of Independence was signed• July 4th, all signatures were received and the declaration was announced• 56 men from 13 colonies had signed away their allegiance and gave birth to a new nation

First State Constitutions• By January 1776 (before the Declaration had even been written), several colonies began adopting state constitutions to replace their royal charters•Massachusetts has the oldest present-day State Constitution (1780)•Most common features:• Popular sovereignty• Limited government• Civil rights and liberties• Separation of powers• Checks and balances

Articles of Confederation• Approved November 15, 1777• 13 states were needed to ratify•One vote per state• Congress could not lay and collect taxes or duties•No executive branch•No national court system• All had to agree on amendments• 9/13 majority required to pass laws• Established only a “firm league of friendship”• States retained a majority of the power

Critical Period• The A of C served as our nations government for the duration of the war•With the Central government unable to act, States grew increasingly jealous and suspicious of one another• States taxed one another, printed their own money, and even banned some trade•Delegates finally decided to meet in Annapolis in September 1786, but attendance was poor so they set another meeting for the following May• By February 1787, seven states had designated delegates to attend the convention

Creating the Constitution•12 of the 13 states sent delegates (RI did not)•Met May 25, 1787 through the summer• They worked in secrecy •Originally only planned to modify current A of C• James Madison believed it a lost cause and worked hard to convince everyone the same•Several compromises were made to piece together the final outcome

Compromises• VA Plan• 3 separate branches• Legislature would be bicameral• H of R based on population and/or amount of money provided toward central government• Senate = 2 votes no matter the size• Congress retained all powers it had under A of C• Congress would elect the executive and judiciary• Veto power granted to executive and judiciary• All officers take an oath to support the Union

• This plan would set the ground work for much of the convention, but some smaller states believed it was too radical

Compromises

•NJ Plan• Unicameral Congress• Each State equally represented• Added limited powers to tax and regulate interstate commerce• Called for a federal executive of more than one person—chosen by Congress• Judiciary appointed by executive

•Major question revolving around the two plans: How would the states be represented?

Compromises

•Connecticut Compromise• Congress = 2 houses, based on population, and equal representation• 3 branches of government

•This was so pivotal in the writing of the Constitution that it has often been called the Great Compromise

Compromises

•3/5th’s • How to settle the dispute with population counting and slaves?• Northern states (who had largely freed their slaves) did not want slaves to be counted toward population, but they wanted the South to pay taxes on their “property”• Southern States wanted the opposite• Compromised: 3 out of every 5 slaves counted toward population and taxes would be paid

Compromises

•Commerce and Slave Trade• Congress was forbidden to tax exports from States• Also forbidden to mess with slave trade for a period of 20 years—1807 would be the last year the slave trade existed in the U.S.

Sources of the Constitution

• Ideas for compromises and parts of the Constitution came from these writings, and more:• William Blackstone’s Commentaries on the Laws of England• Baron de Montesquieu’s The Spirit of the Laws• Jean Jacques Rousseau’s Social Contract• John Locke’s Two Treatises of Government

• The Framer’s also drew on their own experiences

Federalist and Ant-Federalist

• Federalists:• Stressed the weaknesses of the A of C• Argued for ratification “as is”• Federalist Papers written by James Madison, John Jay, Alexander Hamilton

• Anti-Federalist:• Attacked nearly every part of the new document• Objected to the ratification process and the absence of God• Objected to the denial of States to print their own money, the increased powers of the central government• Biggest concern: no bill of rights

Compromise and Ratification• Compromised: Federalists promised a bill of rights if all would ratify the Constitution• Anti-Federalists agreed• September 13, 1788—11 out of 13 states had ratified• Congress chose New York as the location of the new government• The President was elected the following winter/spring• The new Congress met on March 4, 1789•Washington was elected unanimously by the electors and was sworn in on April 30, 1789

THE CONSTITUTION

BASIC PRINCIPLES

•Our Constitution, together with the Bill of Rights, is a blueprint for government, the rules that must be followed.

BASIC PRINCIPLES

•More importantly, the Constitution and the amendments protect our basic values: democracy, justice, equality, and, of course the delicate balance between liberty and order.

AMAZING FACTS

• The Constitution is the Supreme Law of the Land and consists of about 4,500 words• It is the OLDEST written document of its kind in the world today

•While so much has changed in the last 224 years the Constitution has changed very little

AMAZING FACTS• Established on November

26, 1789, the first national "Thanksgiving Day" was originally created by George Washington as a way of "giving thanks" for the Constitution.

• More than 11,000 amendments have been introduced in Congress. Thirty three have gone to the states to be ratified and twenty seven have received the necessary approval from the states to actually become amendments to the Constitution.

• It is considered so valuable that it is stored in a bullet-proof case, with helium and water added to protect the paper. At night, it is kept in a vault designed to withstand a nuclear explosion. Only page one and four are on display daily. The Constitution is called the “living document” because it can be changed by amendments to meet any challenges that may arise.

• One of the amendments in the original Bill of Rights that the states considered was a requirement that each representative in the House of Representatives only represent 50,000 people. 

BASIC PRINCIPLES•The Constitution reflects the Founders’ belief that controls had to be placed on both the governed and the governors.

•The Founders carefully crafted the Constitution to rest on basic principles that reflect a near-perfect balance: popular sovereignty, separation of powers, checks and balances, limited government and federalism.

POPULAR SOVEREIGNTY

•The Founders believed that government must be based on the consent of the governed.

• In other words, the people must agree on who their rulers will be.

• The Founders wanted the people to be the most important source of

governmental power; therefore, they incorporated Popular Sovereignty into

the Constitution

SEPARATION OF POWERS

•One way the Constitution prevents one person or group from controlling the government is to separate the powers among the 3 Branches—it was called the Separation of Powers.

Congress President Courts -make the laws- -enforces laws- -interprets laws-

CHECKS AND BALANCES

“Ambition must be made to counteract ambition”—James Madison

•The framers didn’t believe that separation of powers was enough to prevent both oppression by rulers and tyranny of the majority.

LIMITED GOVERNMENT

•Our government does not hold all the power and it does only those things that we allow it to do.

FEDERALISM

•Reflects the Founders’ desire to balance liberty and order.•The Articles of Confederation gave too much power to the States and not enough to the central government•Federalism spreads—and splits—the powers between national and state governments.

STRUCTURE

•3 Parts:PreambleArticlesAmendments (including the Bill of Rights)

PREAMBLE

• The Preamble lists SIX Goals…Can you name them?

• …form a more perfect union…• …establish justice…• …insure domestic tranquility…• …provide for the common defense…• …promote the general welfare…• …secure the blessings of liberty…

ARTICLES• There are 7 Articles in the Constitution and each of them serves a different function.Articles 1-3 create the three branches of government

Article 4 explains what the government can do and what powers are left to the states

Article 5 explains the process for amending the Constitution

Article 6 refers to the importance of the Constitution over state laws—The Constitution is the Supreme Law of the Land

Article 7 outlines the ratification process

AMENDMENTS

•How many amendments are there?•Which amendments are known as the Bill of Rights?

• 27—none of them change the basic principle of the Constitution• The first 10—written in part to convince the state legislatures to ratify the Constitution