2 What is Government?Political scientist Harold Laswell defined government as “who gets what, when, and how.” In any nation a government is composed of the formal and informal institutions, people, and processes used to create and conduct public policy. Public Policy is the exercise of government power in doing those necessary to maintain legitimate authority and control over society.
3 Purpose of GovernmentEvery nation must decide for itself what goals will be translated into public policy and the methods by which those goals will be translated.
4 Purpose of GovernmentThe Preamble of the US Constitution addresses the goals of public policy for the United States:Forming a more perfect unionEstablishing justiceInsuring domestic tranquilityProviding for the common defensePromoting general welfareSecuring the blessing of liberty
5 Forms of Government Anarchy: lack of government Autocracy: rule by one Absolute monarchy: ruler gains power through inheritance; there are no restrictions on the ruler’s powerConstitutional monarchy: ruler gains power through inheritance; formal restrictions limit power, often restricting the monarch to ceremonial statusDictatorship: ruler gains power through seizure, keeps power by force and restricts opposition to regime: no restrictions on dictator’s power
6 Forms of Government Oligarchy: rule by a few Aristocracy: rule by the elite, usually determined by social status or wealthTheocracy: rule by religious leadersDemocracy: rule by the peopleDirect democracy: citizens meet and make decisions about public policy issuesRepresentative democracy: citizens choose officials (representatives) who make decisions about public policy
7 Origins of American Government Influences on American GovernmentAncient Greeks and RomansEnlightenment philosophersMagna CartaParliamentPetition of RightEnglish Bill of Rights
8 Colonial ExperiencesFrom 1607 to 1776, the American colonies were in a continuous state of political self-development.Colonial chartersHouse of BurgessesMayflower CompactDifficulties with BritianContinental Congress
9 Declaration of Independence The Declaration of Independence is mainly the work of Thomas Jefferson. The principles are based on the works of the Enlightenment philosopher John Locke.
10 Declaration of Independence The Declaration of Independence can be divided into three parts:A theory of government based on social contract and natural rightsA list of grievances against the king and “others” (Parliament)A statement of colonial unity and separation from Britain
11 Articles of Confederation The Articles of Confederation ( 1781 – 1789)Written by the Second Continental Congress in November of 1777Became the first national constitution for governing the American states.
12 Articles of Confederation The confederation composed of a relatively weak national government with a unicameral legislatureCongress would have limited powers such as borrowing money, creating a national army and navy, declaring war, creating post offices, and signing treaties with foreign governments.
13 Articles of Confederation Congress was not given the power to tax, draft soldiers for military service, or regulate commerce.There was no executive or judicial branchTook nine of the 13 states votes to pass legislationIt took all 13 states to amend the Articles
14 Constitutional Convention The Constitutional Convention was convened in Philadelphia in May of 1787, for the purpose of revising the Articles of Confederation.All states were present except Rhode IslandVery early the delegates decided that they would write a new constitutionThe delegates agreed that the new government would be a republic, a federal system, and would be composed of three branches.
15 Constitutional Convention Participants – 55 delegates from 12 statesYoung (average age 42), professional (1/2 were lawyers), men of economic substanceRevolutionary War veteransAbsent: Thomas Jefferson, John Adams Patrick Henry (refused to attend)
16 Constitutional Convention Key participantsWashington – president of the conventionMadison – researched every previous republicLarge public is not only possible but preferredPopularly elected officials with sovereignty in the hands of the people, not the governments.
17 CompromisesDebate over the various plans at the Constitutional Convention resulted in the Connecticut (Great) Compromise. This compromise settled disputes between the states over the structure of the legislative branch. Congress would be a bicameral legislature, with representation in the lower house based on the population of the state and equal representation of the states in the upper house.
18 Compromises Virginia Plan New Jersey Plan Bicameral Legislation Lower house elected by peopleUpper house chosen by lower house from nominees submitted by state legislaturesRepresentation in each house based on population and/or monetary contribution to national government by stateSingle executive chosen by legislative branch, limited to one term, could veto legislative acts, removal by congressJudges chosen by legislative branchNew Jersey PlanUnicameral legislatureRepresentatives chosen by state legislaturesEach state receives one voteRepresentatives in house would be equal among statesPlural executive chosen by legislative branch, no veto powers, removal by statesJudges appointed for life by the executive
19 CompromisesA second compromise concerned the counting of slaves for the purpose of determining population for representation in Congress and for taxation. The Three-fifths Compromise resolved this issue: each state would count three-fifths of its slave population for purposes of determining both representation and taxation.
20 CompromisesThe Commerce and Slave Trade Compromise resolved other differences between southern and northern states. Congress was prohibited from taxing exports from the states and from banning the slave trade for a period of 20 years.Numerous other compromises were made at the Constitutional Convention concerning the executive and judicial branches as well as the electoral process for choosing a chief executive.
21 Weakness of the Articles of Confederation How the Constitution Remedied WeaknessArticles created a “league of friendship” between statesCongress could not tax: it could only request contributions from the statesCongress could not regulate interstate trade or foreign commerceNo separate executive to enforce the acts of CongressNo national judiciary to handle state disputesStates and the national government had the authority to coin moneyEach state had one vote, regardless of size or populationNine of 13 states required to pass legislationUnanimous consent required to amend the Articles of ConfederationConstitution created a federal system of government between the national and state levelsNational government was given the power to taxCongress was given the power to regulate commerce between the states and with foreign nationsArticle II created a separate executive department whose job is to enforce the laws of CongressArticle III created a national judiciary with a Supreme Court and lower courts as established by CongressOnly the national government has authority to Coin MoneyStates are represented based on population in the H of R and equality in the SenateBills need a simple majority in both houses of CongressTwo-thirds of Congress and three-fourths of the states are necessary to amend the Constitution
22 Ratification of the Constitution Although the delegates at the convention signed the Constitution on Sept. 17, 1787, it still had to be ratified by nine of the 13 states before it could go into effect.Debate over ratification divided citizens into Federalists and Anti-federalists.
23 Ratification of the Constitution Federalists stressed the weakness of the Articles of Confederation and the government it created.They supported a stronger central government with expanded legislative powers.Lead by Alexander Hamilton, James Madison, and John Jay.Cause helped by a collection of 85 essays known as the The Federalists Papers
24 Ratification of the Constitution The Anti-Federalists believed that the new Constitution gave too much power to the national government at the expense of the state governments.Another objection was the lack of a Bill of Rights, ensuring fundamental liberties.
25 Goals of the FramersTo establish a government strong enough to meet the nations needs – an objective sought through substantial grants of power to the federal government in areas such as defense and commerceTo establish a government that would not threaten liberty – an objective sought through an elaborate system of checks and balances
26 Goals of the FramersTo establish a government based on popular sovereignty – an objective sought through provisions for the direct and indirect election of public officials.
27 The United States Constitution A constitution is a plan of government. The Constitution of the United States is the oldest national constitution in use today. Although the Constitution is relatively short, it describes the structure and powers of the national government as well as the relationship between the national and state governments.
28 Basic Principles Within the Constitution Embodied within the Constitution are the basic principles of:Limited GovernmentPopular sovereigntySeparation of powersChecks and balancesfederalism
29 The parts of the Constitution The Constitution can be divided into three major parts:the PreambleArticles (7)Amendments (27)
30 The parts of the Constitution PreambleThe opening paragraphs of the Constitution is called the Preamble. It lists the six goals for American government and explains why the Constitution was written.
31 “We the People of the United States in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish the CONSTITUTION for the United States of America.”
32 Article I Legislative Branch Section 1 All legislative powers vested in a Congress, which shall include a House and SenateSection 2Membership of HouseElection Cycle: Every 2 years by the peopleAge: 25 yearsCitizenship: 7 years,Allocation: based by population
33 Article I Section 3: Senate Membership: 2 from each state Election cycle: 6 years, 1/3 up for election every 2 years.Age: 30 yearsCitizenship: 9 yearsProvide for senate leadershipTry all impeachments 2/3 majority for convictions
34 Article ISection 4Time, place, manner for elections left up to statesSection 5Sets up procedures for meetings, attendance of members, adjournment
35 Article I Section 7 Bills of Revenue originate in the House Process for Bills to become lawSection 8: Specific Powers of CongressLay and collect taxesProvide for common Defense, General WelfareBorrow money
36 Article I Regulate commerce with Foreign Nations Coin money Confirm Presidential appointments (Senate)Establish Post OfficesDeclare WarRaise and Support ArmiesMaintain NavyAll laws necessary and proper
37 Article I Section 9 Limits on Congress’s taxing power Section 10 Prevents states from entering into powers vested to the Congress like treaties, or impose duties on imports.
38 Article I Powers proscribed Congress: No ex -post facto laws: No Bills of Attainder:Cannot suspend right of habeus corpus, except in time of national emergency
39 Article II Section 1: Executive power vested in a President. Establishes electoral collegeEstablishes 4 Year term for PresidentAge: 35Citizenship: Natural BornSuccession: Vice President
40 Article IISection 2Establishes President as Commander in Chief of Army and NavyPower to make treaties with consent of the SenatePower to fill vacancies during recess of the Senate.
41 Article IISection 3Give to the Congress information on the State of the UnionSection 4Power to be impeached by Congress
42 Article IIISection 1Judicial power shall be vested in one supreme court and lower courts which Congress deems necessarySection 2Trial by jury, sets jurisdiction for particular cases
43 Article III Section 3 Treason provision (defines) “Consist only in levying war against them, or in adhering to their enemies, giving them Aid and Comfort. No person shall be convicted unless on the testimony to the same overt act, or on confession in open court.”
44 Article IV Section 1 Full Faith and Credit Clause Section 2 Citizens of each state shall be entitled to all privileges and immunities of Citizens in another stateExtradition clause
45 Article IV Admission of new states into the union Section 4 Guarantee to every state a “Republican” form of government.** Article 4 describes relations among states
46 Article VThe Congress may when necessary propose amendments to the ConstitutionRatification ¾ of the states
47 Formal Amendment Process 2/32/3Votes by each House of CongressOf states call for a national conventionAmendNNSSOf special state conventionsRatifyOf state legislatures3/43/4
48 Informal Amendment Process Informal changes in the Constitution may occur in the following ways:Legislative actionsExecutive actionsJudicial reviewCustom and usage
49 Article VIAll debts entered into before Adoption of the Constitution are valid.All members of government shall be bound to this constitution by Oath or Affirmation.Constitution is the Supreme law of the landNo religious qualifications for office-holding
50 Article VIIRatification of this constitution shall be considered by 9 of the 13 states.12 of 13 states signed the constitutionRhode Island was the last state to ratify the constitution and only after the bill of rights had been written...making it unanimous.
51 Constitution, Amendments 1-10 Free exercise of religion, press, speechRight to peaceably assembleRight to Petition Government for a redress of grievances
52 Constitution, Amendments 1-10 Amendment IIRight to bear Arms shall not be infringedAmendment IIINo soldier shall be quartered in time of peace, without consent of the owner
53 Constitution, Amendments 1-10 Amendment IVReasonable search and seizuresWarrants upon probable causeAmendment VIndictment by Grand JuryDouble jeopardyWitness against himselfDue process of lawJust compensation for propertyUsed in eminent domain cases
54 Constitution, Amendments 1-10 Amendment VIRight to speedy trial by an impartial juryRight to know cause and accusationRight to be confronted by witnesses and have witnesses to supportRight to have Assistance of Counsel for defense
55 Constitution, Amendments 1-10 Amendment VIICivil matters right to jury trialAmendment VIIIExcessive bail shall not be requiredCruel and unusual punishment inflicted
56 Constitution, Amendments 1-10 Amendment IXThe Constitution shall not be construed to deny or disparage other rights which are retained by the people.Amendment XPowers not delegated to the Constitution are reserved to the people.
57 Constitution, Amendments 11-27 Amendment XIAs now interpreted, prevent citizens of a state from bringing their own state to federal court.Amendment XIISolidifies the Electoral CollegeDecides how to settle ties or disputesAmendment XIIIAbolishes slavery
58 Constitution, Amendments 11-27 Amendment XIVPrevents states from depriving citizens privileges set forth by the constitution including life, liberty, and property without due process of law, or within its jurisdiction the equal protection of the laws.Applies the Bill of Rights to the States (overturning Barron v Baltimore)
59 Constitution, Amendments 11-27 Amendment XVRight of citizens to vote no longer based on race, color or servitudeAmendment XVIClarified the right of the government to collect taxesAmendment XVIIAllowed public to vote for Senators
60 Constitution, Amendments 11-27 Amendment XVIIIProhibition of liquorOnly amendment to be repealedAmendment XIX (1920)Women’s voting rightsAmendment XXSuccession of OfficeMeetings for day of CongressLame Duck Amendment
61 Constitution, Amendments 11-27 Amendment XXIRepealed the 18th AmendmentAmendment XXIII:Amendment XXIITerm Limit on President two elected terms in officeAmendment XXIVRepealed Poll Tax
62 Constitution, Amendments 11-27 Amendment XXVSuccession upon deathFiling a vacancy of the Vice PresidentIncapacitation of President or VPAmendment XXVIEstablishes 18 as legal voting ageAmendment XXVII (1992)No pay raise can take effect until an election of Representatives has taken place.
63 Concepts, Issues based on Constitution Grants of PowerDenials of PowerSeparation of PowerSharing of PowerChecks and balancesFederalismEnumerated PowersSupremacy ClauseNecessary and Proper Clause (elastic clause)Implied Powers
64 The parts of the Constitution Branches of GovernmentLegislative Branch: Make the LawsExecutive Branch: Enforces the LawsJudicial Branch: Interprets the Laws