Final prep II
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Transcript of Final prep II
II
What is a state?
The state—a body of , living in a organized and with the to make and enforce law without the consent of any higher authority
PEOPLE
POWERPOLITICALLYDEFINED TERRITORY
What are the necessary qualities of a state?
• POPULATION• TERRITORY• SOVEREIGNTY—the possession of
supreme and absolute power within its boundaries
• GOVERNMENT
What is government?
the institution through which a society makes and enforces its public policies
Why did governments come about?
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.
So…
• Form a more perfect union
• Establish justice
• Insure domestic tranquility
• Provide for the common defense
• Promote the general welfare
• Secure the blessings of liberty
How did governments come about?
FORCE THEORY—the strongest rule
THEORY 1
How did governments come about?
EVOLUTIONARY THEORY—governments build from simpler groups (family…clan…tribe, etc)
THEORY 2
How did governments come about?
DIVINE RIGHT THEORY—God created the state; God ordained those with royal standing the “divine right” to rule
THEORY 3
How did governments come about?
SOCIAL CONTRACT THEORY—in the state of nature, life was “nasty, brutish, and short.” Humans agreed to a mutual agreement between the rulers and the ruled for the benefit of all.
THEORY 4
Three ways to classify governments
• DEMOCRACY—supreme political authority rests with the people
METHOD 1: By who can participate
DIRECT—the will of the people is directly turned into public policy
INDIRECT—the will of the people is represented by appointed leaders
Also known as REPRESENTATIVE DEMOCRACY
Impractical Poor decisions
ELITIST THEORY OF DEMOCRACY
Three ways to classify governments
• DICTATORSHIP—those who rule cannot be held responsible to the will of the people
METHOD 1: By who can participate
AUTOCRACY—a single person holds unlimited power
MONARCHY—heredity determines ruler
MILITARY—force determines ruler
OLIGARCHY—power is held by a small, usually self-appointed group
Three ways to classify governments
• UNITARY—all powers by the government belong to one central government
• FEDERAL GOVERNMENT—powers are divided between a central government and a local government (division of power)
• CONFEDERATE GOVERNMENT—an alliance of independent states
METHOD 2: Geographic distribution of power
Three ways to classify governments
• PRESIDENTIAL GOVERNMENT—executive and legislative branches of the government are elected by the voters
• PARLIAMENTARY GOVERNMENT—the executive branch is elected by the legislative branch
METHOD 3: Relationship between the legislative and executive branches
Declaration of Independence
JOHN ADAMS
ROGER SHERMAN
ROBERT LIVINGSTON
THOMAS JEFFERSON
BENJAMIN FRANKLIN
Committee of Five
When in the Course of human events it becomes necessary for one people to dissolve the political bands which have connected them with
another and to assume among the powers of the
earth…
When in the Course of human events it becomes necessary for one people to
dissolve the political bands which have connected them with another and to
assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the
opinions of mankind requires that they should declare the causes which impel
them to the separation.
We hold these truths to be self-evident, that all men are
created equal, that they are endowed by their Creator with certain
unalienable Rights, that among these are Life, Liberty and the
pursuit of Happiness.
UNALIENABLE—CANNOT BE TAKEN AWAY
We hold these truths to be self-evident, that all men are
created equal, that they are endowed by their Creator with certain
unalienable Rights, that among these are Life, Liberty and the
pursuit of Happiness.
That to secure these rights, Governments are instituted among Men, deriving their just powers from
the consent of the governed,
That whenever any Form of Government becomes
destructive of these ends, it is the Right of the People to alter or to
abolish it, and to institute new Government, laying its foundation on such
principles and organizing its powers in such form, as to them shall seem most
likely to effect their Safety and Happiness.
Articles of Confederation
Features/Powers
• “a league of friendship”• Each state maintained its sovereignty• Legislative: Unicameral
– 9/13 to pass any measure
– Each state had one vote
• Executive: In name only—powerless • Judicial: Did not exist• Unanimous consent of all 13 to amend
Constitutional Convention
When?
May 25—September 17, 1787
Where?
Independence Hall; Philadelphia, PA
Virginia Plan
Presented by Edmund Randolph May 29; conceived by James Madison, “the Father
of the Constitution”
Virginia Plan
LEGISLATIVE EXECUTIVE JUDICIAL
COUNCIL OF REVISION
Supreme Tribunals
Elected by the people
Proportional representation
based on population/tax
Elected by state
legislatures
Elects
Establishes
Inferior Courts
VETO
HO
US
E
SE
NA
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New Jersey Plan
Presented by William Paterson on June 13
New Jersey Plan
LEGISLATIVE EXECUTIVE JUDICIAL
Supreme Tribunals
Equal representation; vote as a state
Elected by state
legislatures
Elects Establishes
Inferior Courts
HO
US
E
• Revision of the Articles
• Empowers government to regulate commerce and collect revenue
Multiple people
The Great Compromise (Connecticut Compromise)
Presented by Roger Sherman on July 5
Equal representation
The Great Compromise
LEGISLATIVE EXECUTIVE JUDICIAL
Supreme Court
Elected by the people
Proportional representation
based on population (65)
Elected by state
legislatures
Establishes
Inferior Courts
JUDICIAL REVIEW
HO
US
E
SE
NA
TE
Appoints
Elected by Electoral College
“A bundle of compromises”
• Representation in Congress
• Three-fifths compromise
• 4-year term for President
• Judicial appointment, Senate approval of justices
EDUCATION
JOHN LOCKE
TWO TREATISES OF GOVERNMENT
JOHN LOCKE
TWO TREATISES OF GOVERNMENT
• SOCIAL CONTRACT: GOVERNMENT HAS THE RESPONSIBILITY TO PROTECT PEOPLE’S RIGHTS
EDUCATION
JOHN LOCKE
TWO TREATISES OF GOVERNMENT
BARON DE MONTESQUIEU
THE SPIRIT OF LAWS
BARON DE MONTESQUIEU
THE SPIRIT OF LAWS, 1748
• SEPARATION OF POWERS
• PEOPLE ARE GOVERNMENT’S REAL SOURCE OF POWER
PAST DOCUMENTS
PAST DOCUMENTS
JOHN LOCKE
TWO TREATISES
MONTESQUIEU
SPIRIT OF LAWS
MAGNA CARTA
KING JOHN; 1215; ENGLAND
MAGNA CARTA
ENGLAND, 1215
• KING IS BOUND BY LAW
• DEMANDS FORCED ON KING JOHN BY HIS SUBJECTS
• PROTECTS CERTAIN RIGHTS OF KING’S SUBJECTS
•TRIAL BY JURY
•DUE PROCESS
•PRIVATE PROPERTY
PAST DOCUMENTS
JOHN LOCKE
TWO TREATISES
MONTESQUIEU
SPIRIT OF LAWS
MAGNA CARTA
KING JOHN; 1215; ENGLAND
ENGLISH BILL OF RIGHTS
WILLIAM AND MARY
ENGLISH BILL OF RIGHTS
PRESENTED TO WILLIAM & MARY, 1688
• TRIAL BY JURY
• DUE PROCESS
• NO CRUEL PUNISHMENT
• NO EXCESSIVE BAIL/FINES
• RIGHT TO BEAR ARMS
• RIGHT TO PETITION
PAST DOCUMENTS
JOHN LOCKE
TWO TREATISES
MONTESQUIEU
SPIRIT OF LAWS
MAGNA CARTA
KING JOHN; 1215; ENGLAND
ENGLISH BILL OF RIGHTSVIRGINIA BILL OF RIGHTS
GEORGE MASON WILLIAM AND MARY
VIRGINIA DECLARATION OF RIGHTS
GEORGE MASON, 1776
• RIGHT TO BEAR ARMS
• NO UNREASONABLE SEARCHES & SEIZURES
• FREEDOM OF SPEECH
• FREEDOM OF THE PRESS
• FREEDOM OF RELIGION
PAST DOCUMENTS
JOHN LOCKE
TWO TREATISES
MONTESQUIEU
SPIRIT OF LAWS
MAGNA CARTA
KING JOHN; 1215; ENGLAND
ENGLISH BILL OF RIGHTS VIRGINIA BILL OF RIGHTS
WILLIAM AND MARY GEORGE MASON
ARTICLES OF CONFEDERATION
US FAILED 1ST ATTEMPT
ARTICLES OF CONFEDERATION
ARTICLES OF CONFEDERATION
US 1ST FAILED ATTEMPT
KING GEORGE III’s RULE
ARTICLES OF CONFEDERATION
US 1ST FAILED ATTEMPT
KING GEORGE III’s RULE
COLONIAL GOVERNMENTS/STATE CONSTITUTIONS
Ratification
Federalists vs. Anti-Federalists
• 9 out of 13 states needed to ratify
• Two groups emerge
• Federalists—for the ratification of the US Constitution; Anti-Federalists—opposed to its ratification
Arguments: The Anti-Federalists
Leading Anti-Federalists: Edmund Randolph, Patrick Henry, George Mason; leading state politicians
Why?
• States would lose sovereignty
• Too much Presidential power—monarchy, aristocracy
• Republic: untested; US is too big
• No Bill of Rights