Unit One

@PATXMO and @___BRIYONCE_

Foundations of the ConstitutionHistorical Philosophical 7 Key Principles Compromises

● greek and roman democracy

● magna carta● English Bill of RIghts● Virginia House of

Burgesses● Mayflower Compact● Fundamental Orders

of Connecticut● Declaration of

Independance● Articles of

Confederation● Northwest

Ordinance● Federalist Papers

● Enlightenment● John Locke and

unalienable rights● Montesquieu and

Checks and Balances

● Rousseau and popular soverignty

● Smith and property rights

● pluralism vs. elitism

1. Popular sovereignty2. Republicanism3. Federalism4. Separation of

powers5. Checks & balances6. Limited government7. Individual rights

● 3/5 Compromise● Great Compromise● Bill of Rights

Theories of Government and Politics

Anarchy the lack of government

Autocracy rule by one:● Absolute monarchy: power is gained through inheritance

and there is no restraint on the powers● Constitutional monarchy: power is gained through

inheritance but there is restraint on the power● Dictatorship: tyrant

Oligarchy rule by a few:● Aristocracy: rule by the elite ● Theocracy: rule by religion

Democracy rule by the people

Democratic Values: ● Freedom of Expression● individualism● equality of opportunity (political equality not economic)● majority rule (minority rights)● respect of law

Direct Democracy a form of democracy in which the people themselves, rather than elected representatives, determine the laws and policies by which they are governed.

Republic government government, authority is delegated to elected representatives

Democratic Republic a political system in which the supreme power lies in a body of citizens who can elect people to represent them

Democracy: government by the people; a form of government in which the supreme power is vested in the people and exercised directly by them or by their elected representatives

equality in votingeffective participation enlightened understanding citizen control of the agendainclusion

Theories of US Democracy

● Pluralist Theory:power is relatively broadly distributed among many more or less organized interest groups in society that compete with one another to control public policy.

● Elite and Class Theory: nearly all political power is held by a relatively small and wealthy group of people sharing similar values and interests and mostly coming from relatively similar privileged backgrounds.

● Hyperpluralist Theory: a theory of government and politics contending that groups are so strong that government is weakened, resulting in Gridlock.

● Bureaucratic Theory: the appointed officials who operate government on a day-to-day basis make the real decisions

Federalism

Federalism in the Constitution

Enumerated Powers:

powers given in the constitution

Implied Powers: Not

clearly expressed in the constitution but

REASONABLY implied

Inherent Powers:

powers exist for the national government because the

government is sovereign

Concurrent Powers: powers that

belong to the national and

state governments

Reserved Powers:

Powers specifically

allotted to the states

Prohibited Powers:

Powers denied to all

governments

Interstate RelationsFull Faith and Credit Clause: states are required to recognize the laws and legal documentsof other states, such as birth certificates, marriage licenses, drivers’ licenses, and wills.Privileges and Immunities Clause: States are prohibited from unreasonably discriminatingagainst residents of other states. Nonresidents may travel through other states; buy, sell,and hold property; and enter into contracts (does not extend to political rights such as theright to vote or run for public office)Extradition: states may return fugitives to a state from which they have fled to avoidcriminal prosecution at the request of the governor of the state.Interstate compacts: states may make agreements, sometimes requiring congressionalapproval, to work together to solve regional problems. Some examples are parole andprobation agreements, the Port Authority of New York and New Jersey, and regulating thecommon use of shared natural resources.

CONSTITUTIONAL AMENDMENT

PROCESS

*The articles of Confederation had a major weakness when it came to amending -- it required unanimous approval

Formal Process

The informal Amendment Process

Changes made to the constitution that have not led to changes in the document’s written words● Passing basic legislation● actions of the President● Decisions made by the Supreme Court● Activities of Political Parties● Custom

basic legislation ● congress had added laws that define the

meanings of the constitution● creation of the Executive Branch and Judicial

System

Executive Action ● A president’s different interpretation of the

Constitution ● use of armed forces● Executive agreement

Japanese Americans sent to internment campsIntegration of the armed forces

Court Decisions

Political Parties

● The Supreme Court and lower courts can make decisions of constitutionality

● Brown v. Board of edu.

● no mention in constitution ● have come to dominate our political and

governing process● electoral college

Custom ● Unwritten customs can be as strong as written

laws● presidential cabinet● vice Presidential succession (25th)● no third term for President (22nd)

The Declaration of IndependanceIn the declaration, many grievances were stated that would later have an influence on the Constitution and The BIll of RIghts. Examples are as follows:

● “For depriving us in many cases, of the benefit of Trial by Jury”Paraphrase: For not providing the opportunity of a trial by jury in many cases

Amendment 6 requires the defendants be tried by an impartial jury.

● “He has refused his assent to laws, the most wholesome and necessary for the public good”

Paraphrase: He has stopped the passage of laws that the people want and need

Article 1, Section 7 gave Congress the power to repass vetoed legislation by ⅔ vote

Federalist Papers

What is a faction????● A group of people sharing common interests,

peferences and/or philosophy

Factions can form on the basis of ● Social Class ● Industry● religion

Factions can be dangerous to the republic when a faction gains political power. it is likely to:● Pursue its own interest zealously● trample the rights of others● Govern without concern for the public good

The republic can be protected by stopping actions or accepting factions and take steps to keep them from gaining too much political power.

Make electoral districts large● size leads to diversity and diversity leads to

better elected officials

concern for minority rights:

“in a free government the security for civil rights must be the same as that for religious rights.”

“Structure of the government must furnish the proper check and balances between the different departments”

“The constant aim is to divide and arrange the several offices in such a manner as that each be a check of the other -- that the private interest of every individual may be a sentinel over the public rights.”

Aim of the new Constitution

SOLUTION:

● Create a large republic that dilutes the power of factions and promotes moderation

● create a system of checks and balances that makes human weakness an asset

- divide power between states and federal gov- separate powers within both governments

Constitutional Amendments1. guarantees freedom of religion, speech, press, assembly and petition2. ensures the right to keep and bear arms3. sets conditions for quartering of troops in private homes4. regulates search, seizure, and warrants5. addresses protections against self-incrimination, guarantees of due process, eminent domain,

and grand jury indictment for capital crimes6. guarantees rights to a speedy, public trial and an impartial jury; to confront witnesses; and to

have an attorney7. preserves right to a jury trial in civil cases8. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual

punishments inflicted.9. unemerates rights of the people

10. reserves powers of the states and the people11. restricts lawsuits against states12. provides for election of president and vice-president by separate ballot in Electoral College13. abolishes slavery

Amendments Continued14. guarantees rights of citizenship, due process, and equal protection 15. guarantees citizens’ right to vote regardless of race, color, or previous condition of servitude16. authorizes income tax17. establishes direct election of senators by popular vote18. prohibits intoxicating liquors19. establishes women’s suffrage20. sets terms and sessions of executive and legislative branches21. repeals prohibition (18th Amendment)22. limits presidential terms of office23. allows for voting rights in District of Columbia in presidential elections24. abolishes poll taxes25.addresses presidential succession, disability, and vice-presidential vacancies26. gives 18-year-olds the right to vote27. addresses congressional pay

Separation of Powers & Checks and Balances

Separation of Powers ● dividing different powers

among three branches of government

● prevents one branch from gaining too much power

● legislative, judicial, and executive branches have their own unique powers

Checks and Balances:● powers each branch has that

allows them to check up on the other branches

● prevents branches from abusing their powers

● preserves the separation of powers

● requires cooperation between the branches of government

Legislative Branch (house and senate)● can override a

presidential veto● can impeach and

remove the president● ratifies presidential

appointments● authorizes/appropriates

funds for legislation● checks on the judiciary● can impeach and

remove judges● confirms federal judges

Executive Branch (President and cabinet)● Propose legislation● vetoes legislation● makes treaties with

foreign countries● checks on the judiciary● appoints federal judges● enforces court decisions

Judicial Branch (Supreme court and Lower courts)● Reviews executive

decisions● checks on congress● reviews congressional

laws● Judicial review● supreme court justices

appointed for life