2 Six Principles of United States Government Popular sovereigntyFederalismSeparation of PowersChecks and BalancesJudicial ReviewLimited Government
3 Popular SovereigntyThe United States Constitution is based on Popular Sovereignty – rule by the people.United States government is based upon the consent of the governed (John Locke); the authority for government flows from the peopleHow? - People vote to choose their leadersand also not re-elect them if theychoose to based upon their leadership
4 FederalismFederalism describes the basic structure of the United States government.Under federalism power is divided between national and state governments.Both levels have their own agencies and officials and pass laws for their citizens.Example – Work together fordisaster relief(Hurricane Katrina)
5 Separation of PowersThe Constitution limits the central government by dividing power among the legislative, executive and judicial branches.Under separation of powers, each branch has its responsibilities.The Founders did this to prevent any branch from having too much power.Example – Congress declares war
6 Checks and BalancesTo the principle of separation of powers the Founders added a system of checks and balances, whereby each branch of government exercises some control over the other.Example – Presidential veto
7 Judicial ReviewThe power of the courts to declare laws and actions of local, state, or national governments invalid if they violate the Constitution.All federal courts have this authority, but the United States Supreme Court has the final authority.Marbury v. Madison in 1803 established the principle of judicial review.
8 Limited GovernmentThe Constitution limits the actions of the government by specifically listing powers it has and does not have.Example – The Bill of Rights (1st tenamendments) sets specificlimits in the areas of freedomof expression, personalsecurity, and fair trials.
9 RepublicThe United States is a republic. We have a republican form of government.This means that the voters are the source of the government’s authority.Voters elect people to representatives to make decisions for them. If the voters disapprove of what their elected officials do they can choose to not vote for them during the next election. This type of republic is called a representative democracy.
10 Characteristics of Democracy Individual liberty – Democracy requires that all people be as free as possible to develop their own capacities.Majority Rule with Minority Rights – Democracy requires that government decisions be based upon majority rule but ensuring the rights of the minority.Free Elections – Democracy is based on the consent of the governed (Locke). Everyone’s vote carries the same weight – “one person, one vote.’Competing Political Parties – Political parties compete to win elections giving voters a choices.
11 Equity in United States Government The system of government in the United States seeks equality in the following areas:Equal justice before the law – The goal of the American legal system is to treat all people alike.Equal opportunity vs. Equality of wealth – All people should be have equal opportunity regardless of their wealth.
12 Citizenship There are three ways a person can be a United States citizen.Born on American soil (14th Amendment)Naturalization (14th Amendment)Born to a parent who is a United States citizen.Jus soli – “Law of the soil”Jus sanguinis – “Law of blood”
13 Qualifications for Citizenship Entered the United States legallyGood moral characterDeclare their support of the principles of American governmentRead, write and speak EnglishShow basic knowledge of American history and government
14 The Constitution The Constitution is a plan of government and serves as the supreme law of theland.It can be divided into three partsPreambleArticlesAmendment
15 Preamble There are six goals found in the Preamble: To form a more perfect unionEstablish justiceEnsure domestic tranquilityProvide for the common defensePromote the general welfareSecure the blessings of liberty
17 Amendments (Bill of Rights) 1 – Freedom of religion, speech, assembly, press andpetition2 - Right to bear arms3 - Prohibits the quartering of soldiers in private homes4 – No unreasonable search and seizures5 – Rights of the accused and eminent domain6 – Right to speedy and public trial7 – Jury in a civil trial8 – No excessive bail or cruel or unusual punishment9 – Reserves rights to the people10 – Reserves rights to the state
18 Other Amendments 11 – Defines how states can be sued 12 – Requires electors to elect the President and Vice President on separateballots13 – Abolished slavery14 – Defines citizenship15 – Voting rights to African American males16 – Established a national income tax17 – Direct election of senators18 – Prohibition19 – Voting rights to women20 - Sets the dates for the Inauguration and the opening of Congress21 – Repealed Prohibition22 – Limits a presidents term to two or ten years23 – Voting rights to residents of Washington D.C.24 – Eliminated the poll tax25 – Establishes presidential succession26 – Voting rights to 18 year olds27 – Bans Congress from raising their salary in the middle of a term
19 Article I – Legislative Branch Congress is bicameral composed of theHouse of Representatives (435 membersaccording to the population of eachstate) and the Senate (100 members –2 from each state). The job of Congressis to pass laws. As a check on the powerof the president, Congress can overridethe veto of a President with a 2/3 vote.
20 Qualifications House of Representatives -Twenty five (25) years old -Citizen for seven (7) years-Resident of the state they representSenate-Thirty (30) years old-Citizen for nine (9) years
21 Article I – Section 8 Article I Section 8 contains the powers of the legislative branch. These powers arecalled delegated, expressed orenumerated powers. Clause 18 ofArticle I Section 8 is called the“necessary and proper” clause or theelastic clause. It allows Congress topass laws necessary and proper to carryout their expressed powers.
22 Article II – The Executive Branch The duties of the President includecarrying out the laws passed byCongress and serving as theCommander-in-chief of the armedforces. As a check on the legislativebranch, the president can veto lawspassed by Congress.
23 Qualifications President -Thirty five (35) years old -Natural born citizen-Resident of United States for fourteen (14) years
24 Roles of the President Head of State Chief Executive Chief Legislator Economic PlannerParty LeaderChief DiplomatCommander in Chief
25 Article III – The Judicial Branch Article III establishes the judicial branch.The Supreme Court is the highest courtin the land (court of last resort). Thereare nine justices (1 Chief Justice and 8Associate Justices). They are nominatedby the President and must be confirmedby the Senate. They serve for life unlessthey retire or are impeached.
26 The Judicial BranchThe role of the Judicial Branch is to interpret the laws passed by Congress and signed by the President. This is called judicial review and Marbury v. Madison established this principle. McCulloch v. Maryland established the principle that the Constitution should be interpreted broadly.
28 Types of Law in the United States Constitutional Law – Branch of law dealing with the formation,construction, and interpretation of constitutions.Statutory Law – Statutes are laws written by a legislativebranch of government.Administrative Law – Administrative law spells out theauthority of and procedures to be followed byadministrative agencies, as well as the rules and regulations issued by such agencies.Common Law – This is the law made by judges in the processof resolving individual cases. This is the single most important basis of the American legal system.5) Equity – Equity law is a system of rules by which disputes areresolved on the grounds of fairness.
29 Legal System Principles 1) Equal Justice Under the Law2) Due Process of Lawa) substantive due process – thesubstance of the lawb) procedural due process – the waythe law is administered3) The Adversary System4) Presumption of Innocence
30 Civil LawCivil Law concerns disputes among two or more individuals or between individuals and the government. Civil cases arise because one party believes it has suffered injury at the hands of the other party or wants to prevent a harmful action from taking place. The plaintiff in a civil cases usually seeks damages.
31 Important Terms Lawsuits – civil cases Defendant – the person against whom the suit is broughtPlaintiff – the person who brings the suitDamages – award of money from the defendantInjunction – a court issued order in equity cases that forbids the defendant from taking or continuing a certain actionComplaint – a legal document filed with the court that has jurisdiction over the problemSummons – an official notice of the lawsuit that includes the important information about the court proceedingAnswer – formal response to the charges in the complaintDiscovery – the phase when both sides prepare for the trial by checking facts and gathering informationMediation – when each side is given the opportunity to explain its side of the dispute and must listen to the other side. The two sides attempt to solve the dispute instead of going to trial.
32 Steps in a Civil Case 1) Hiring a lawyer 2) Filing the complaint 3) Pretrial Discovery4) Resolution without Trial5) Trial6) The Award
33 Criminal LawCriminal law is when someone is charged with a crime by the government.
34 Types of Crime1) Petty offenses – minor crimes that are usually punished by a fine rather than being arrested. (speeding, parking violations, etc.)2) Misdemeanors – more serious crimes that may be punished by a fine or jail time for one year or less. (vandalism, simple assault, stealing inexpensive items, being drunk or disorderly, etc.)3) Felonies – serious crimes punishable by jail time over one year (burglary, arson, rape, murder, etc.)
35 Important TermsCrime – an act that breaks a criminal law and causes injury or harm to people or society in generalProsecution – the government representative that charges a defendant with a crimeDefendant – the person accused of a crimeGrand jury – a group of citizens who review the prosecution’s allegations order to determine if there is enough evidence for an indictmentIndictment – formal criminal chargePlea bargaining – an agreement through which the defendant pleads guilty to a lesser crime (or fewer crimes) in return for the government not prosecuting the more serious (or additional) crime with which the defendant was originally chargedArraignment – a hearing in which the judge reads the formal charge against the defendant in an open courtroomJury – a group of citizens who hear evidence during a trial to decide guilt or innocenceVerdict – the decision of guilt or innocenceHung jury – when the jury cannot agree on a verdictSentence – the punishment determined by the judge after a guilty verdict.
36 Steps in a Criminal Case 1) Investigation and Arrest2) Initial Appearance3) Preliminary Hearing or Grand Jury4) Plea Bargaining5) Arraignment and Pleas6) The Trial7) The Decision8) Sentencing
38 EconomicsThe study of how people seek to satisfy their needs and wants by making choicesScarcity = unlimited wants, limited resources
39 Factors of ProductionLand: natural resources that are used to make goods and servicesLabor: the effort that people devote to a task for which they are paidCapital: any human-made resource that is used to create other goods or services
40 Demand The desire to own something and the ability to pay for it Law of Demand: economic law that states that consumers buy more of a good when its price decreases and less when its price increases.
41 Supply The amount of goods available Law of Supply: tendency of suppliers to offer more of a good at higher prices.
42 MacroeconomicsThe study of the behavior and decision making of entire economies
43 MicroeconomicsThe study of the economic behavior and decision making of small units, such as individuals, families, and businesses.
44 Labor UnionAn organization of workers that tries to improve working conditions, wages, and benefits for its workers.Collective bargaining: the process in which union and company representatives meet to negotiate a new labor contract.
45 Command EconomyEconomic system in which the central government makes all decisions on the production and consumption of goods and services.
46 SocialismA social and political philosophy based on the belief that democratic means should be used to evenly distribute wealth throughout a society.
47 Market EconomyEconomic system in which decisions on production and consumption of goods and services are based on voluntary exchange in markets
48 Traditional EconomyEconomic system that relies on habit, custom, or ritual to decide questions of production and consumption of goods and services
49 MoneyAnything that serves as a medium of exchange, a unit of account, and a store of value.