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Chapters 2-4
Basic Concepts of Government
Limited Government
Representative Government
Ordered Government
Limited Government and Representative Government Came from Three English Documents: 1. Magna Carta (1215) – rights of trial by jury and due process of law, est. principle – King’s power is not absolute 2. English Petition of the Right – limited the King’s power – not above the law 3. English Bill of Rights – fair and speedy trial, no cruel and unusual punishments
1. What are the first three figures in the cartoon meant to represent? 2. What are the figures shown under 1995 supposed to represent? Why did the cartoonist select this theme? 3. Do you think the cartoon portrays the evolution of our judicial system fairly? Why?
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John Locke – Second Treatise of Government All men are born with natural rights
“Men being . . . by nature, all free, equal, and independent, on one can be put out of this estate and subject to the political power of another without his own consent . . . “
Rights established by the Magna Carta Trial by Jury Due Process of Law Protection against the arbitrary taking of life, liberty or property King John’s conflicts with English nobles Led to the signing of the Magna Carta.
*Could the basic notions of ordered, limited and
representative government have developed without the signing of this document?
The Coming of Independence Fill in the timeline for the steps toward Independence – start on pp. 34.
Timeline: Road to Independence 1643 – formation of the New England Confederation- defense against Native Americans died out 1696 – William Penn attempts to organize the colonies – ineffective 1754 – The Albany Plan: Benjamin Franklin proposed Congress of Delegates w/ power to raise military, make war and peace, with Native Americans, regulate trade, tax, collect custom duties, - rejected by King & Colonial Governments.
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Timeline: Road to Independence 1765 – Stamp Act Congress convenes after Stamp Act- prepares a Declaration of Rights & Grievances and sent to King – Stamp Act ultimately repealed March 5, 1770 – Boston Massacre: British troops fired on crowd killing five 1772 – Committee of Correspondence formed by Sam Adams (network to share information)
Timeline: Road to Independence October 26, 1774- adjourning of First Continental Congress – set date of May, 1775 for meeting of Second Continental Congress April 19, 1775 – Battles of Lexington & Concord May 10, 1775 – Second Continental Congress convenes – John Hancock named President, George Washington named Commander in Chief of Continental Army (Nation’s First National Government – NO constitutional basis)
Timeline: Road to Independence December 16, 1773 – Boston Tea Party (protest of British control of tea trade) Spring 1774 – British pass new laws which colonists call Intolerable Acts September 5, 1775 – delegates from all colonies except GA (First Continental Congress) sent a Declaration of Rights to King George III – refuse to trade with England until taxes repealed
Timeline: Road to Independence
June 7, 1776 – Richard Henry Lee proposes independence for colonies (5 members selected to draft a declaration – Franklin, Adams, Sherman, Livingston, Jefferson) July 2, 1776 – delegates of Second Constitutional Congress agree to Lee’s resolution
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Timeline: Road to Independence
THE PATRIOT
July 4 1776 – Declaration of Independence adopted – freedom declared from British rule 1776- 1780 States individually draft constitutions March 1, 1781 – Articles of Confederation ratified (FIRST adopted Constitution of the United States)
Declaration of Independence What were the 3 Parts of the Declaration? 1. The Purpose of the document 2. List of Grievances or wrongs committed by Great Britain 3. Declaration of Independence from England and the power to be “Free and Independent States” “. . . Among these rights are: life, liberty and the pursuit of happiness.”
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1776
Constitutional Convention Revise the Articles of Confederation •55 delegates from 12 states met in 1787 to •Framers- young, well-educated (Washington, Jefferson, Madison, Franklin, Mason, Hamilton)
•Organization & Procedures- Washing is President of Convention, 1 vote per state with majority needed for ratification •Decision was made to write a NEW Constitution
Articles of Confederation
Plans for New Constitution Virginia Plan - 3 separate branches, bicameral, rep. based on population or proportion of revenue contribution, wanted strong national government - benefited large states
New Jersey Plan - Resembled Articles of
Confederation but contained power to tax, equal representation in Congress - Benefited small states
Primary Source:
“Resolved . . . That a National Government ought to be established consisting of a supreme Legislative, Executive and Judiciary.” -Edmund Randolph, Delegate from Virginia
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New Constitution Compromises Connecticut Compromise (The Great Compromise): -settled issue of representation -bicameral: Senate - equal representation House of Repres.- based on population -one President -benefited all states
New Constitution Compromises 3/5 Compromise - Settled issue of counting
slaves for representation
Commerce and Slave Trade Compromise - Congress forbidden to tax exports
- Each slave would count
as 3/5 of a person for representation and taxation
- Had to allow slave trade
for 20 years - Benefited Southern
- Benefited Northern &
States
Southern States
Ratification Proposed Constitution was printed and circulated and debated Views: Federalist- those who favored ratification Anti-Federalists- those who opposed ratification Major Issues: -increased powers of the central government -lack of a Bill of Rights -no mention of God
Ratification Con’t: The Federalist won. On September 13, 1788, 11 of 13 states chose New York as the temporary capital North Carolina 1789 and Rhode Island 1790 finally ratified Washington became the first President and John Adams the Vice-President. June of 1788, the people of the State of Virginia debated ratification of the New Constitution
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Chapter 3 –The Constitution •“Took effect in 1789 •Nation’s fundamental law •Supreme Law of the Land”
Outline: Preamble -states the purpose Articles (7) I. Legislative Branch II. Executive Branch III. Judicial Branch IV. Relations among States V. Amending the Constitution VI. Supremacy of National Law VII. Ratifying the Constitution Amendments (27) First 10 known as Bill of Rights
Bill Of Rights 1st
Amendment: Freedom of Speech, Religion, Press, Assembly and Petition
Bill Of Rights 2nd Amendment: right to bear arms
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Bill of Rights 3rd
Amendment: No Quarter of Troops during times of peace.
The Office - Search Warrant
Bill of Rights 4th
Amendment: The right of the people against unreasonable search and seizures.
Bill of Rights 5th Amendment: Criminal Proceedings (no self incrimination, no Double Jeopardy, Due Process and Eminent Domain
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Double Jeopardy
Bill of Rights 6th Amendment: Right to a speedy and public trial by an impartial jury.
Bill of Rights 7th
Amendment: Right to a jury trial in civil matters in excess of $20.00.
Bill of Rights 8th Amendment: No Cruel and unusual punishment, nor excessive fines.
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Shrek
Bill of Rights 9th
Amendment: Any rights that are not specifically stated in the Constitution are held by the people.
Bill of Rights 10th Amendment: Powers not delegated to the U.S. by the Constitution, or are forbidden to the States, belong to the States or the People of the States (Reserved Powers).
•11th Amendment: Immunity of states from certain lawsuits. •12th Amendment: Changes in the electoral college procedures.
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•13th Amendment: Abolition of Slavery •14th Amendment: Citizenship, due process, equal protection. •15th Amendment: No denial of vote because of race, color, or previous enslavement
16th Amendment: Power of Congress to tax income.
From: The Three Stooges: “Income Tax Sappy”
17th Amendment: Popular elections of U.S. Senators
18th Amendment: Prohibition of Alcohol 21st Amendment: Repeal of Prohibition
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19th Amendment: Woman Suffrage
•20th Amendment: Change of dates for start of Presidential and Congressional terms. •22nd Amendment: Limit on Presidential terms. •23rd Amendment: District of Columbia vote in presidential elections.
•24th Amendment: Ban of tax payment as voter qualification.
•25th Amendment: Presidential succession, vice-presidential vacancy & presidential disability.
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•26th Amendment: Voting Age 18
Basic Principles
•27th Amendment: Congressional payment and compensation.
Basic Principles Con’t: Popular Sovereignty: -”We the People” Limited Government -Constitutionalism/ “Rule of Law”
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Cont’d…
Judicial Review Courts determine constitutionality of gov’t actions How? Marbury V. Madison, 1803.
Federalism Division of Power among central/regional gov’ts (Ch. 4)
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Formal Amendments Constitution has adapted w/society 2 Ways 1. Formal Amendment 2. Informal Means
Informal Amendments Changing Constitution w/o changing words Keeps Constitution responsive & up to date Reason why Constitution had grown so much!
Basic Legislation Congress added what Framers purposely left out Congress created federal court structure
5 ways in which Constitution has been informally amended:
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Court Decisions Courts interpret/apply Constitution “Continuous Session”
Custom Not because the Constitution says so but by custom Presidential terms Senatorial Courtesy (Senator approves Pres. appointments of home state)
Party Practices No mention of parties in Constitution Washington opposed Parties play major role in gov’t Pres. nomination, nat’l convention, electoral college
Executive Action How Presidents have used their power -Use of armed forces Executive agreements/treaties -(Foreign policy)
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Chapter 4
Federalism
Federalism- The Division of Power •Framers created system that divided the power b/t national gov’t & state/local governments •“Dual” system of government •National gov’t make LARGE decisions •States make SPECIFIC decisions
“The true ‘essence’ of federalism is that the States as States have legitimate interests which the National Government is bound to respect even though its laws are supreme.” -Justice Sandra Day O’Connor (1985)
Division of Powers
Powers of the National Government
Delegated Powers – Expressed – Implied – Inherent
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Expressed Powers those clearly spelled out in Constitution
Implied Powers Not expressly stated, but reasonably suggested Based on the Necessary and Proper Clause
Inherent Powers power granted because national government is a sovereign state
Powers Denied to the National Government Expressly denied: – Power to levy taxes on exports – To prohibit freedom of religion, speech, press, assembly – To conduct illegal searches or seizures – Deny any person accused of a crime a speedy and public trial
Silence of the Constitution – Creation of national public schools – To enact uniform marriage and divorce laws – To set up units of local government
Federal system – Cannot tax states
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Powers Reserved to the States Justified by the 10th Amendment
Concurrent Powers Shared powers -not exclusively given to national gov’t or denied to the states
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Supremacy Clause If national law and state law conflict, the national law will rule. McCulloch v. Maryland -state agency cannot tax a federal agency
Admitting New States Only Congress has power New State created w/o taking territory from existing Admission Procedure -Enabling Act-territory proposes state constitution -Act of Admission-Congress approves
Major Disaster Process Local Government Responds State Responds Damage Assessment A Major Disaster Declaration FEMA Evaluates The President Approves
Interstate Relations Conflict b/t states major reason for Constitution Interstate Compacts -agreements b/t states themselves to settle conflict (over 200 exist)
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Full Faith & Credit Clause All records, documents, court decisions must be honored by ALL states
Extradition Legal process A fugitive from Justice in a State is returned from another State
Privileges & Immunities “Friendship among the States” Same rights given to own residents to residents of other states EXCEPT:
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