Political Socialization Factors Family involvement Education level Economic level Age, gender, and race

Thomas Jefferson believed in: Wall of separation – Establish Clause Federal government could not create a national religion. 1st Amendment

Articles of Confederation 1781-1789 Original American gov’t system Weak central gov’t Individual and state liberties not threatened No executive (they hated kings) Confederacies are usually unstable

A of C – Weaknesses Article II – “Each state retains its sovereignty, freedom, and independence.” Gov’t has no control Unicameral Congress (one house) with one vote per state Supermajority (9 of 13) to pass a law Supermajority (13 of 13) to amend No Executive (No President), no central authority No Federal Judiciary (No Supreme Court), no central law No control of taxation, commerce between states or with foreign nations, money system

U.S. CONSTITUTION Basic Principles of the U.S. Constitution Federalism Powers held by government are distributed among the National government and states. The division of power among a central government and several regional governments. Resulted from a compromise; an alternative to the system of independent states.

U.S. CONSTITUTION The Federalists – Stressed the weaknesses of the Articles of Confederation and the government it created. They supported a stronger central government with expanded legislative powers. The Federalist cause was helped by James Madison, Alexander Hamilton, and John Jay in a collection of 85 essays published in the New York newspapers under the name “Publius.” These Federalist Papers defended the new government created under the Constitution and even today provide insight into the framers’ original intent.

U.S. CONSTITUTION 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.

Federalist #10 Madison addresses biggest fear of gov’t Faction – a group in a legislature or political party acting together in pursuit of some special interest (think fraction – ½, 1/3, etc) Founding fathers were concerned that our government would be ripped apart Madison defends our national Constitution

Two “Revision” Plans Virginia Plan Favored large states Strong central government Bicameral (two house) legislature – larger house elected by the people (House of Representatives, and a smaller house that was selected by larger house (Senate) (This would change in the 17th Amendment)

Two “Revision” Plans New Jersey Plan Agreed with strong central government…BUT Congress would be unicameral (one house) with states having equal votes Did not want large population states to dominate the legislature

Great Compromise A bicameral legislature in which the House of Representatives membership apportioned according to the state populations, plus 3/5 the slave population An upper house, the Senate, which would have two members from each state, elected by the state legislature (popularly elected today)

Separation of Powers Prevents an all-powerful ruling body Legislature – passes law (Congress) Executive – enforces law (President) Judiciary – interprets law (Supreme Court)

Amending the Constitution Meant to be difficult Require action from national and state gov Amendment proposed by 2/3 vote in each house of Congress and ratified (accepted) in at least ¾ of state legislatures

U.S. CONSTITUTION Written in 1787 / took affect in 1789. Our country’s fundamental law; “The Supreme Law of the Land.” Sets out the basic principles upon which government in the U.S. was built and operates today. Lays out the basic framework and procedures of our government, and sets out the limits within which that government must conduct itself. Words deal mostly with matters of principle.

U.S. CONSTITUTION Structure of the U.S. Constitution Preamble - Outlines the purpose of the new federal government under the Constitution. “... 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 ...” Article I Legislative Branch Article II Executive Branch Article III Judicial Branch Article IV Relations among the States Article V Amending the Constitution Article VI National debts & supremacy of national law Article VII Ratifying the Constitution Amendments ( 1 - 10 = The Bill of Rights )

U.S. CONSTITUTION Basic Principle of the U.S. Constitution Popular Sovereignty All political power resides in the people. The people are sovereign. The people are the only source for any and all governmental power. Government can govern only with the consent of the governed. In Preamble .... “We the people ...”

U.S. CONSTITUTION Basic Principles of the U.S. Constitution Limited Government No government is all-powerful. Government may do only those things that the people have given it the power to do. Other side of coin of popular sovereignty Government must obey the law. (Constitutionalism) Rule of law - government is never above-the-law. 1st Amendment “Congress shall make no law ...”

U.S. CONSTITUTION Basic Principles of the U.S. Constitution Separation of Powers In out presidential system the basic powers (executive, judicial, & legislature) are distributed in three independent branches. Doctrine came up with by Charles de Montesquieu. Spelled out throughout the Articles. Framers wanted to limit the power of any one group.

U.S. CONSTITUTION Basic Principles of the U.S. Constitution Checks & Balances Each branch is subject to constitutional checks (restraints) by the other branches. Ex. President can veto, or reject any act of Congress. Ex. President can name all federal judges, however the Senate must approve. Intended to prevent “an unjust combination of the majority.”

U.S. CONSTITUTION Basic Principles of the U.S. Constitution Judicial Review Power of the courts to determine whether what the government does is in accord with what the Constitution provides. Power of the court to determine the constitutionality of a governmental action. Power to declare an action or law Unconstitutional.

Madisonian Principles of Gov’t in the Constitution Popular Sovereignty – power to govern belongs to the people, gov’t based on the consent of governed Separation of Powers – division of gov’t between branches: executive, legislative and judicial Checks and Balances – a system where branches have some authority over others Limited Government – gov’t is not all-powerful, and it does only what citizens allow Federalism – division of power between central government and individual states

End of Test 1 notes

Federalist #10 Separation of Powers check the growth of tyranny Each branch of government keeps the other two from gaining too much power A republic guards against irresponsible direct democracy or “common passions” Factions will always exist, but must be managed to not severe from the system.

James Madison “If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself.” - The Federalist Papers #51

U.S. CONSTITUTION BILL OF RIGHTS First Ten Amendments of the Constitution Put into the Constitution to appease the Anti-federalists Spell out basic freedoms

United States v. Schenk during WW1 Civil Liberties: Freedom of Speech Freedom of Religion Freedom of the Press Freedom of Assembly Freedom from unreasonable search and Seizure. Civil Rights: Right to due process Right to Trial by Jury Right to legal counsel Right to vote Right to petition the government for a redress of grievances.

Civil Liberties: Basic freedoms that are considered to be the birthright of all individuals. Thomas Jefferson and fellow framers called them Natural rights or unalienable rights. Think Life , liberty, and the pursuit of happiness. Civil Rights: The Constitution did not mention slavery. Are rights that come with being a member of that particular society. They are not protections from the government- they are more guarantees by the government of equal rights and fair treatment under the law. Think trial by jury, and the right to vote.

2 Form of speech not protected under the Constitution: Slander: Orally spreading false information about someone with intent to cause harm. Libel: Publishing false information about someone with intent to cause harm. The Supreme Court later ruled that Symbolic speech would be protected, and would later pass the Communications Decency Act. When the Supreme Court made it clear that they would protect all speech they would have to allow some offensive speech – which is the cornerstone of a free society.

IN SUMMARY: The first 10 amendments were added to the Constitution to safeguard civil liberties and civil rights: However, it took several years for the Supreme Court to apply the Bill of Rights to the actions of state and local governments. The first amendment protects the freedoms of religion, speech, the press, and assembly. The 2nd, 3rd, and 4th amendments are designed to protect the rights of citizens from government abuses of power. The 5th, 6th, 7th, and 8th amendments define and protect rights under the judicial system. The 9th amendment protects other unnamed rights not specified in the Bill of Rights. The 10th Amendment reserves powers not granted to the federal government to the states or the people.

2nd, 3rd, and 4th Amendment The Second Amendment - the right to bear arms was created out of fear of a standing military. The first gun restrictions came from a Supreme Court case in 1939 The United States v. Miller. The 3rd and 4th Amendment protects both your home and person. From abuses by law enforcement and military. Although the 3rd amendment doesn’t have much modern day application the 4th is used daily. To execute a warrant a judge must grant one based on probable cause or reasonable suspicion of criminal behavior.

The 8th Amendment protects you from excessive bail and Punishment The next 4 amendments the: 5th, 6th, 7th, and 8th concern protection of rights in the judicial process. The 5th Amendment protects all individuals from Self-incrimination as well as double jeopardy. The 6th and 7th Amendment helps ensure a fair trial. The 6th Amendment says that criminal trials must be carried out quickly, publicly, and in front of an impartial jury. Also if you are unable to afford legal counsel it will be provided for you. This was made precedent in the case of Gideon v. Wainright. The 7th Amendment guarantees trial by Jury in most civil cases. The 8th Amendment protects you from excessive bail and Punishment

The 9th Amendment refers to your rights beyond those listed in the Constitution.- that your unenumerated rights be protected. The 10th Amendment refers to the powers reserved for the States and the People. This Amendment is concerned more with federalism or the balance of federal and state powers than with individual rights.