UNIT ONE GOVERNMENT

REVIEW BY SAVANNAH SEELY AND JOELLE TURNEY

CHAPTER 1

• GOVERNMENT

• DEMOCRACY

• POLITICS

• POLICY MAKING SYSTEM

GOVERNMENTT

• Government is the institutions that make authoritative decisions for any given society. - - Governments have the job of maintaining a national defense, providing public services and public goods, preserving order, socializing the young, and collecting taxes.

DEMOCRACY• DEMOCRACY is a system of selecting policymakers and of organizing

government so that policy represents and responds to the public's preferences

• Traditional democratic theory says that a democracy should satisfy 5 criteria: equality in voting, effective participation, enlightened understanding, citizen control of the agenda, and inclusion (open citizenship).

• Democracies must practice majority rule, or respecting the desires of over half the voters.

• Democracies must also respect minority rights, or guarantee rights to those who do not belong to majorities, so they will not be oppressed by those that do

• The relationship between leaders and followers in a democracy should always be based upon representation.

DEMOCRACY CONTINUED

• Pluralist theory: believes and emphasizes that politics is mainly a competition among groups, each one pressing for its own preferred policies

• Elite/Class theory: contends that societies are divided along class lines and that an upper-class elite will rule, regardless of formal niceties of governmental organization

• Hyperpluralist theory: a more extreme version of the Pluralist theory, Hyperpluralists believe that groups are so strong the government is weakened

• gross domestic product is the sum total of the value of all the goods and services produced in a nation

CHALLENGES TO DEMOCRACY

• -increased technical expertise

• -limited participation in government

• -escalating campaign costs

• -diverse political interests

POLITICS

• Politics determines whom we select as our governmental leaders and what policies these leaders pursue

• Political participation is the ways that people get involved in politics, such as voting in a democratic society, protesting, or civil disobedience

• In America, the older generations have higher voter turnout rate while younger people have a low turnout rate. Overall, the voter turnout rate for America is low.

• Many individuals who treat politics as critical to their interest are members of single-issue groups, or groups that have a narrow interest and tend to dislike compromise.

POLICY-MAKING SYSTEM• Policymaking begins with the people

• Linkage institutions are political channels through which the concerns of the people become political issues on the policy agenda. Political parties are a common example of linkage institutions.

• The policy agenda is the issues that attract the serious attention of public officials and others involved in politics. The policy agenda changes regularly based on the state of the country

• People do not always agree on what the government should do, which creates political issues, or issues arising from people disagreeing about a problem and how to fix it

• There are three Policymaking institutions in our government established by the Constitution: Congress, the President, and the courts. Nowadays, the bureaucracy is considered by many political scientists to be a fourth policymaking institution.

• Public policy is the choices the government makes in response to a political issue.

CHAPTER 2: THE CONSTITUTION

• ORIGINS OF THE CONSTITUTION

• THE ARTICLES OF CONFEDERATION

• THE CREATION OF THE CONSTITUTION/RATIFICATION

• FUNDAMENTALS OF THE CONSITUTION

ORIGINS OF THE CONSTITUTION

• THE DECLARATION OF INDEPENDENCE- WRITTEN TO JUSTIFY THE REVOLUTION AGAINST BRITAIN, SET UP THE BASIS FOR AMERICAN GOVERNMENT- NATURAL RIGHTS, SOCIAL CONTRACT, PRINCIPLE OF CONSENT OF THE GOVERNED

• JOHN LOCKE- INSPIRATION FOR THINGS WRITTEN IN THE DECLARATION OF INDEPENDENCE “LIFE, LIBERTY AND THE PURSUIT OF HAPPINESS

• AMERICAN REVOLUTION FREED THE COLONIES OFFICALLY AND CREATED A NEED FOR THE CONSTITUTION IN ORDER TO CONTROL THE POWER OF THE FEDERAL GOVERNMENT AND PREVENT TYRANNY

THE ARTICLES OF CONFEDERATION

• FIRST ATTEMPT AT NEW GOVERNMENT- UNICAMERAL CONGRESS, NO EXECUTIVE OR LEGISLATIVE BRANCH

• EXTREMELY WEAK- NO POWER TO CREATE AN ARMY, NO POWER TO TAX, NO POWER TO REGULATE COMMERCE (FOREIGN OR OTHERWSIE), NO WAY TO BUILD INFRASTRUCTURE

• SHAY’S REBELLION- REBELLION WAS UNABLE TO BE CONTROLLED BECAUSE NO ARMY TO STOP THE RIOTERS »» PROVED THAT A STRONGER CENTRAL GOVERNMETN WAS A NECESSITY

CREATION OF THE CONSTITUTION

• PHILIDEPHIA CONVENTION- DELEGATES FROM 12 OF THE STATES (NOT RHODE ISLAND) CONVENED TO REVISE THE ARTICLES, THUS THE CONSTITUTION WAS BORN.

• THE VIRGINIA PLAN VS. THE NEW JERSEY PLAN- THE VIRGINIA PLAN WANTED A UNICAMERAL CONGRESS WITH THE NUMBER OF REPRESENTITIVES BASED ON THE STATE’S POPULATION. NEW JERSEY PLAN WANTED THE REPRESENTATION TO BE EQUAL FOR ALL STATES. LED TO THE GREAT COMPROMISE WHICH CREATED BICAMERAL LEGISLATURE. THE HOUSE AND THE SENATE

• 3/5THS COMPROMISE- ESTABLISHED SLAVES AS 3/5THS OF A PERSON FOR THE PURPOSE OF REPRESENTATION

CREATION OF THE CONSTITUTION CONTINUED

• FEDERALISTS VS ANTIFEDERALISTS- FEDERALISTS SUPPORTED THE CONSTITUTION, ANTIFEDERALISTS DEMANDED A BILL OF RIGHTS TO PROTECT THE INDIVIDUAL CITIZENS

• RATIFICATION- A ¾ VOTE WAS REQUIRED TO RATIFY, ACHIEVED ONLY BY PROMISING AN OFFICAL BILL OF RIGHTS BE ADDED IN THE FORM OF AMENDMENTS IMMEDIATELY AFTER THE NEW GOVERNMENT TOOK EFFECT

• FEDERALISTS VS. ANTI-FEDERALISTS- FEDERALISTS BELIEVED IN A STRONG FEDERAL GOVERNMENT WHILE ANTI FEDERALISTS BELIEVED IN STATES RIGHTS AND INDIVIDUAL RIGHTS

FUNDAMENTALS OF THE CONSTITUTION

• THE PREAMBLE- STATES THE PURPOSE OF THE CONSTITUTION, TO SET UP A FAIR GOVERNEMNT FOR THE CITIZENS

• THE ARTICLES- BODY OF THE CONSTITUTION, STATES POWERS GIVEN TO THE FEDERAL GOVERNMENT AND NOT GIVEN. ESTABLISHES THE THREE BRANCHES; EXECUTIVE, LEGISLATIVE, JUDICIAL

• SUPREMACY CLAUSE- STATES THE CONSTITUTION AND ITS GOVERNMENT ARE SUPREME OVER THE LAND

• ELASTIC CLAUSE (IMPLIEDPOWERS)- STATES THE GOVERNMENT CAN DO/PASS WHATEVER IS NECESSARY AND PROPER FOR THE CITIZENS OF THE UNITED STATES

FUNDAMENTALS OF THE CONSTITUTION CONTINUED

• THE AMENDMENTS- FIRST TEN ARE BILL OF RIGHTS, OTHER LANDMARK AMENDMENTS »»» 15TH- RIGHT TO VOTE EXTENDED TO ALL MALE CITIZENS, 17TH AMENDMENT- DIRECT ELECTION OF SENATORS, 19TH AMENDMENT- WOMENS SUFFRAGE, 26TH AMENDMENT- VOTING AGE MADE 18

• SEPARATION OF POWERS- POWER IS DIVIDED AMONG THE THREE BRANCHES (EX. JUDICIAL JUDGES THE LAWS THAT THE LEGISLATIVE MAKES AND THE EXECUTIVE ENFORCES THE LAWS)

FUNDAMENTALS OF THE CONSTITUTION CONTINUED

CHECKS AND BALANCES

FUNDAMENTALS OF THE CONSTITUTION CONTINUED

• CONSENT OF THE GOVERNED- JOHN LOCKE’S IDEA THAT THE GOVERNMENT GETS ITS RIGHT TO GOVERN FROM THE PEOPLE

• FEDERALISM- DIVISION OF POWER BETWEEN THE STATES AND THE FEDERAL GOVERNMENT

• LIMITED GOVERNMENT- STATES THAT THE LAW APPLIES TO GOVERNMENT OFFICALS EQUALLY MUCH AS ORIDINARY CITIZENS

CHAPTER 3: FEDERALISM

• WHAT IS FEDERALISM

• THE FEDERAL GOVERNMENT

• THE STATES

• FISCAL FEDERALISM

• THE SUPREME COURT AND FEDERALISM

WHAT IS FEDERALISM?

• FEDERALISM IS THE DIVISION OF POWERS BETWEEN THE FEDERAL GOVERNMENT AND THE POWERS OF THE STATES

• FORMS OF GOVERNMENT »»»» UNITARY SYSTEM- ALL POWERS TO NATIONAL GOVERNMENT. FEDERAL- GOVERNMENT POWER IS DIVIDED BETWEEN A NATIONAL GOVERNMENT AND STATE/PROVINCIAL GOVERNMENTS. CONFEDERATION- LOOSE UNION OF INDEPENDENT STATES

• DUAL FEDERALISM-AN INTERPRETATION OF THE CONSTITUTION WHICH SAYS THE STATES ARE SUPREME WITHING THEIR SPHERES OF INFLUENCE AND THE FEDERAL GOVERNMENT IS SUPREME WITHIN ITS SPHERE OF INFLUENCE

THE FEDERAL GOVERNMENT• ENUMERATED POWERS- POWERS EXPRESSLY GIVEN TO THE NATIONAL GOVERNMENT

IN ARTICLE 1 SECTION 8 OF THE CONSTITUTION

• DENIED POWERS- POWERS EXPRESSLY DENIED TO THE NATIONAL GOVERNMENT BY ARTICLE 1 SECTION 9 OF THE CONSTITUTION

• ELASTIC CLAUSE-NECESSARY AND PROPER CLAUSE

• SUPREMACY CLAUSE- THE CONSTITUTION IS THE SUPREME LAW

• FULL FAITH AND CREDIT CLAUSE- REQUIRES STATES TO RECOGNIZE DOCUMENTS AND JUDGMENTS FROM OTHER STATE COURTS

• PRIVILIDGES AND IMMUNITIES CLAUSE- CITIZENS OF EACH STATE HAVE THE PRIVILIDGE OF CITIZENS OF OTHER STATES

• COMMERCE CLAUSE- GIVES CONGRESS THE POWER TO REGULATE INTERSTATE COMMERCE

THE STATES

• RESERVED POWERS- THE POWERS NOT GRANTED TO THE FEDERAL GOVERNMENT ARE RESERVED FOR THE STATES

• 10TH AMENDMENT- DEFINES THE POWERS OF THE STATES »» ALL POWERS NOT SPECIFICALLY DELEGATED TO THE NATIONAL GOVERNMENT

• CONCURRENT POWERS- POWERS SHARED BY THE STATES AND THE FEDERAL GOVERNMENT

FISCAL FEDERALISM

• FISCAL FEDERALISM- FEDERAL MONEY SPENT ON PROGRAMS RUN IN PART THROUGH STATE AND LOCAL GOVERNMENTS

• CATEGORICAL GRANTS- GRANTS GIVEN BY THE FEDERAL GOVERNMENT THAT ARE DEFINED BY A SPECIFIC PURPOSE

• BLOCK GRANTS- GRANTS GIVEN BY THE FEDERAL GOVERNMENT FOR A GENERAL PURPOSE

• MANDATES- REQUIRMENTS OF THE STATE AND LOCAL GOVERNMENTS GIVEN BY THE NATIONAL GOVERNMENT

THE SUPREME COURT AND FEDERALISM

• MARBURY VS. MADISON- JUDICIAL REVIEW, MIDNIGHT JUDGES, JOHN MARSHALL, EXPANDED POWER OF THE SUPREME COURT

• MCCULLOCH VS. MARYLAND- AUTHORITY OF THE FEDERAL GOVERNMENT TO ESTABLISH A BANK, EST. NATIONAL SUPREMACY

• GIBBONS V. OGDEN- EST. THAT CONGRESS CONTROLS EVERY FORM OF INTERSTATE COMMERCE

GUIDING QUESTIONS

1. What historical events and philosophies shaped the principles of the Constitution?

- Rome and Greece, being a republic and democracy respectively- Magna Carta, which limited the power of the King- Fundamental Orders of Connecticut, the first constitution in the US; majority rule, free men have power- Virginia House of Burgesses, first elected representatives- English Bill of Rights- Mayflower Compact-King George being a domineering ruler- Dec. of Ind.- Articles of Confederation- Northwest Ordinance- Enlightenment- John Locke, "unalienable rights" (life, liberty, and property); secularist- Montesquieu, believed power corrupts, came up with idea of checks and balanced- Adam Smith, idea of property rights -Pluralism-Elitism

GUIDING QUESTIONS

2. What were the major areas of contention surrounding the ratification debate? How were they settled?

Slavery and states' rights/representation were major areas of contention during the ratification debate. They were settled with the split Congress (House for representation based on population, Senate for equal representation of all states) and the 3/5 Compromise for slavery.

3. What early challenges did the Constitution face in the new republic?

Marbury vs. Madison and judicial review, Louisiana Purchase, the bank, the nullification crisis, strict constructionism vs loose constructionism

GUIDING QUESTIONS

4. What are the major principles of the Constitution? How does federalism function in the United States?

The major principles of the Constitution are checks and balances in order to ensure that one branch will not become more powerful than the others. To protect the people and their rights. To ensure that the country is properly defended. Federalism functions well in the US, as there are many different forms of federalism present in the US depending on the need/situation. The states have their own powers guaranteed to them by the Bill of Rights, while the federal government has sovereignty over the states.

GUIDING QUESTIONS

5. What does "democracy" mean? Compare the differing historical interpretations of the term.

"Democracy" means that the country is run by the people; the people directly decide how the country will do things. They believe there is equality in voting, effective participation, enlightened understanding, citizen control of the political agenda, and inclusion. In Greece, society was much more "democratic", as in America, the democracy is much more republic in nature. In Canada and England, the democracy is based upon people electing the people who will elect the Prime Minister, so the process is much more indirect in nature. In recent years, democracies have consisted of protecting the unalienable rights of the people and having little-to-no restriction of media/information. The US usually recognizes a democracy if it has a written constitution, but not all democracies have written constitutions for their countries.

GUIDING QUESTIONS

6. How would the founding fathers of the Constitution view our interpretation of the document today?

The founding fathers would be perhaps a bit surprised, but not disappointed, by our interpretation of the Constitution in contemporary times. We have tried to interpret it as strictly as we can, but since the document is very flexible, there aren't many ideologies that are "set in stone". The framers intended for the Constitution to be able to be interpreted fairly loosely, as they knew that times would change, and different ideas and viewpoints would arise, calling for the need for a flexible document to govern the country.

EXTRA VOCABULARY TO KNOW • COOPERATIVE FEDERALISM- POWERS AND POLICY ASSIGNMENTS ARE SHARED BETWEEN THE STATES

AND NATIONAL GOVERNMENTS, SHARE COSTS, ADMINISTRATION AND BLAME IN EFFECTIVE PROGRAMS

• DEVOLUTION- THE TRANSFER OR DELEGATION OF POWER TO A LOWER LEVEL, FEDERAL GOVERNMENT TO LOCAL

• PUBLIC GOODS- GOODS SUCH AS CLEAN AIR AND WATER THAT EVERYONE MUST SHARE

• POLICY GRIDLOCK-OCCURS WHEN NO COALITION IS STRONG ENOUGH TO FORM A MAJORITY AND EST POLICY, NOTHING GETS DONE

• INDIVIDUALISM-BELIEF THAT INDIVUDUALS SHOULD BE LEFT ALONE BY THE GOVERNMENT

• NATURAL RIGHTS-RIGHTS INHERENT TO HUMAN BEINGS, NOT DEPENDENT ON GOVERNMENT– LIFE, LIBERTY, AND PROPERTY

• FACTIONS-INTEREST GROUPS ARISING FROM THE UNEQUAL DISTRIBUTION OF PROPERTY OR WEALTH

• WRIT OF HABEAS CORPUS-COURT ORDER EQUIRING JAILORS TO EXPLAIN WHY THEY ARRESTED AND ARE HOLDING A PRISONER

• EXTRADITION- A LEGAL PROCESS WHEREBY AN ALLEGED CRIMINAL IS SURRENDERED BY ONE STATE TO ANOTHER WHERE THE CRIME WAS COMMITTED

• DOUBLE JEOPARDY-A PROCEDURAL DEFENSE THAT PROHIBITS A DEFENDANT FROM BEING TRIED AGAIN ON THE SAME CHARGES FOLLOWING AN AQUITTAL OR CONVICTION