American Government Unit 1: Foundations of Government

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1 American Government Unit 1: Foundations of Government CHAPTER 1: PRINCIPLES OF GOVERNMENT Section 1 What is Government? Legislative Power make laws Executive Power carry out laws Judicial Power interpret laws Dictatorship has all the power Democracy power is shared State: Nation Population Territory Sovereignty Government Origins of State Force Theory Evolutionary Divine Right Social Contract Purposes of Government outlined in the Preamble Form a More Perfect Union Establish Justice Insure Domestic Tranquility Provide for the Common Defense Promote General Welfare Secure the Blessings of Liberty Section 2 Forms of Government Who can participate? Democracy everyone We the People Dictatorship only a select few Where s the Power? (geographically) Unitary government central government (usually in nation s capital) Federal government power is shared between the central government and local governments Confederate government alliance of independent states 1

2 What s the relationship between Legislative and Executive branches? Presidential government executive and legislative branches are separate, president is independent of the legislative branch. US created this type of government. Parliamentary executive is selected FROM the legislative branch by the majority in power. (UK) Section 3 Basic Concepts of Democracy Foundations of Democracy Worth of the individual Equality of all persons Majority rule/minority rights Compromise Individual freedom Economics Free enterprise system free market economy o Law of supply and demand (price) Command economy Mixed economy o Government regulation and free enterprise Price demand supply 2

3 CHAPTER 2 ORIGINS OF AMERICAN GOVERNMENT Section 1 Our political beginnings Basic concepts of government Ordered Limited Representative English Civil War Landmark Documents Magna Carta 1215, barons tired of the King s taxes and behavior o Included trial by jury o Due process o Power of monarch was NOT absolute The Petition of Right 1628 challenged divine right o Jury of peers o No martial law The Bill of Rights 1688 o Cannot suspend laws o Use of taxes without Parliamentary approval o Right to a fair trial Limited rights of King Section 2 The Coming of Independence Colonial policies Sugar Act 1764 Stamp Act Townshend Acts o Repealed except tea Tea Act 1773 o Boston Tea Party Intolerable Acts 1774 o Closed port of Boston o Forced quartering of troops 1 st Continental Congress 1774 Called for Parliament to revoke Acts Boycott of British goods 2 nd Continental Congress 1775 Battle of Lexington and Concord 13 colonies sent representatives John Hancock President of Congress This became 1 st National Government July 4, 1776 Declaration of Independence 3

4 Section 3 The Critical Period Articles of Confederation 1777 firm league of friendship Each state kept sovereignty, freedom, independence and power Structure: Unicameral members chosen each year each state had one vote Presiding Officer chosen from members Powers: Make war and peace Send and receive ambassadors Make treaties Borrow money Set up money system State obligations States agreed to obey the articles, give money and troops, Full faith and credit, extradition, protection of life, property and promoting general welfare Weaknesses No power to tax, could only borrow One vote per state, regardless of size To executive branch No national court Changes only with 100% consent of all states 9/13 majority to pass laws Problems Shay s Rebellion States taxed each other Stronger Government February 1787, delegates sent to Philadelphia to Constitutional Convention Section 4 Creating the Constitution Convention worked in secret, George Washington was president of the convention. 1 st thought to amend the Articles of Confederation ended up creating a new government Virginia Plan New government with three branches: legislative, executive, judicial Legislature - bicameral Representation based either on size or $$ given for support House: popular elected Senate: chosen by state legislatures Legislature would choose National Executive and National Judiciary 4

5 New Jersey Plan Unicameral Congress, one state, one vote Limit powers to tax and regulate trade between states federal executive of more than one person chosen by Congress federal judiciary appointed by executive Compromises Connecticut Compromise (Great Compromise) Bicameral Congress House: representation by population Senate: two per state Three-Fifths Compromise Counting of slaves one slave is 3/5 of all other persons for population and purposes of taxes paid by state to Congress. Revoked by 13 th Amendment. Commerce Compromise Congress cannot tax the export of goods from any state Slave Trade Compromise Congress cannot act on the slave trade for a period of 20 years and can t prohibit migration or importing of slaves from state to state until 1808 Section 5 Ratifying the Constitution Federalists: favored ratification lead by James Madison and Alexander Hamilton said weaknesses of Articles were fixed Federalists Papers written by Madison, Hamilton and John Jay Anti-federalists: Didn t like the ratification process No mention of God States couldn t print own money Too much power to central government No Bill of Rights Agreed to add Bill of Rights New Congress first met in 1789, George Washington became President 5

6 CHAPTER THREE: THE CONSTITUTION Section 1: Six Basic Principles Popular Sovereignty Limited Government Separation of Powers Checks and Balances Judicial Review Federalism Section 2: Formal Amendment Proposed Amendment 2/3 vote of both houses of Congress MOST COMMON METHOD At national convention called by Congress when requested by 2/3 of the State legislatures Ratified Amendment Ratified by ¾ State legislatures MOST COMMON Ratified by conventions held in ¾ of the States Proposed Amendments Over 10,000 amendments have been proposed in Congress, only 33 ever sent to the states. Only 27 ever ratified Section 3: Informal Amendments Basic legislation don t need an Amendment, laws are sufficient Executive Action actions by President Party Practices primaries, conventions Custom President s cabinet (former unwritten custom was only two terms per President CHAPTER 4: FEDERALISM Section 1: Division of Power Federalism is system of government in which a written constitution divides the powers of government between a central or national government and several regional governments usually called states or provinces. Powers of the National Government Delegated only those powers granted to it in the Constitution Express written down (most in Article I, Section 8 giving 27 powers to Congress Implied not written down, but can be reasonably suggested by the express powers. Also called the Necessary and Proper Clause or Elastic Clause 6

7 Express power: power to tax Implied power: power to create the IRS Express power: power to regulate interstate commerce Implied: build roads Section 2: National Government and the 50 States Powers reserved to the states 10 th Amendment Powers not expressly given to national government but NOT denied to the State belong to States (public education, licensing requirements for professionals, alcoholic beverages) Powers Denied to the States Cannot coin money, can t enter into a treaty Exclusive powers of national government Coin money, raise an army, regulate trade, conduct foreign relations Concurrent powers Shared jointly by state and national government Collect taxes, borrow money, establish courts, define crime and punishments Supremacy Clause Article VI, Constitution is Supreme Law of the Land Section 3: Interstate Relations National Government obligation to the States Must continue to have a Republican form of Government (representative form of government) Full Faith and Credit Clause - each state recognizes the laws of another state and the birth certificates, marriage licenses, property deeds, as well as court actions Extradition Clause a fugitive from justice in one state will be returned to that state to face court action Privileges and Immunities Clause citizens of each state is entitled to all privileges and immunities of all the states there can be no REASONABLE distinctions between residents. Two exceptions are voting rights and college tuition for state-supported schools. 7

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