U.S. Government: Unit 2 Fall 2012

The ideas and beliefs that gave rise to the American system of government

Athens: Direct Democracy Citizens participate directly in all decision-making Examples: Colonial New England Town Meetings, initiative. referendum, and recall

Rome: Republic / Representative Democracy Decisions made by representatives elected by the citizens Examples US Congress Missouri General Assembly (state legislative branch) Eureka City Council

Magna Carta (1215) Agreement between the English Nobles and King John Limits kings power by protecting nobles from unfair rules and laws

Rule of Law Government is based on clear and fairly enforced laws No one is above the law – not even the king!

Due Process: No one can be deprived of life, liberty, or property without fair legal procedures and safeguards trial by jury right to lawyer. right to remain silent search warrants Habeas Corpus: right of the accused to be brought before a judge and be charged with a crime (48 hours)

Petition of Rights (1628) Establishes principle of Limited Government Government (in this case the king) is not all-powerful Individuals have certain rights that cannot be taken away What can’t our government do? What rights do we have that cannot be taken away?

In the last 20 years, what new idea has changed society the most?

s CE Enlightenment ideas that were revolutionary Government from the bottom up not top down Reaction against absolute monarchy

First to see government as a contract between people & ruler People are naturally nasty, mean, selfish They need a strong leader (MONARCH) to protect them from themselves! People give up some freedom to an absolute ruler in exchange for peace and order (protection)

All people are equal All people have certain natural rights rights you have by being human sometimes called individual rights Life, liberty, property CAN’T BE TAKEN AWAY!!!!

Social Contract Theory People give up some of their rights/freedoms to government Government is to protect rights of people IF the government does not protect the rights of the people, the people can overthrow the government and get a new one!

Separation of Powers: Power should be divided among the branches of government Executive: enforce laws Legislative: make laws Judicial: interpret laws Prevents one part of government from becoming tyrannical, abusive, etc.

Popular Sovereignty: People should have the ultimate power in government “The consent of the governed” “The general will of the people”

Mayflower Compact (1620) First example of direct democracy in colonies Signed by 41 men on Mayflower

Virginia House of Burgesses: 1 st example of Representative Democracy / Republic / Indirect (1619)

Early relationship between England and the colonies was one of benign neglect Colonists managed their own affairs due to geography Britain’s need for money changes everything Won the French and Indian War (1760s) Colonists should help to pay to defend the territory Impose new taxes that colonists do not like

Called for a peaceful opposition to British policies Send letter to King George asking him to change his evil ways Britain ignored colonies and responded with violence

Form Continental Army Washington to lead army Debate independence from Great Britain Eventually commission Declaration of Independence to be written.

Written by Thomas Jefferson Approved on July 4 th, 1776 by the Second Continental Congress

Second Continental Congress makes decisions Our first plan of government is written and approved The Articles of Confederation Not until 1781 – the war is almost over!!!!!!

Mayflower Compact.... First what? House of Burgesses..... First what? Articles of Confederation.... First what? Why is the Declaration of Independence an example of Locke’s social contract theory? Petition of Rights Magna Carta

Petition of Rights House of Burgesses Articles of Confederation Declaration of Independence Mayflower Compact Rule of Law Limited Government Natural Rights Popular Sovereignty Social Contract Separation of Powers Rome and Athens Habeas Corpus Due Process Legislative, Executive, judicial branches Hobbes, Locke, Rousseau, Montesquieu

Our 1 st attempt at NATIONAL government State governments existed as well Confederation: Power is concentrated in the states and not the national government Bad experience under the strong central government of Britain  Allowed states to do their own thing, but prohibited the states from acting as one nation to solve problems facing the young USA

Government made up of a Congress (Legislative Branch) Unicameral: one house or part Each state to have at least 2 delegates Each state to have one vote Missing in the government: Executive Branch Judicial Branch

Weakness of Articles of Confederation Problem CreatedFixed in Constitution No executive branchNo way to enforce laws passed by Congress; states can do what they want Executive Branch: Main duty to Enforce the Laws No judicial branchNo way to settle disputes between states or people Judicial Branch: Main duty to interpret laws Supreme Court established Congress had one house (unicameral); each state had only one vote. Representation in Congress is unequal among the states Bicameral Congress (two houses) 1 based on population 1 equal representation Congress cannot regulate trade with other countries or among states Economy suffersCongress can regulate trade

Weakness of Articles of Confederation Problem CreatedFixed in Constitution Congress cannot taxNo money to fund the government Cannot repay debts Congress can tax 9/13 states needed to pass laws Difficult to pass lawsSimple majority (half +1) needed to pass laws 13/13 states needed to amend (change) Articles of Confederation Almost impossible to doEasier, but still hard to propose and ratify amendments No national currencyHurts economyCongress can print money States joined loosely together in a “league of friendship” Not really one country Act on their own federal system, “Form a more perfect union

Our 1 st form of national government Name Set-up and why? Define unicameral Define bicameral Branches included and excluded Other weaknesses How were weaknesses fixed in the Constitution

Who: 55 Delegates from 12 states (no Rhode Island) When: May 25 - September 17, 1787 Where: Philadelphia, PA Goal: Met to revise the Articles of Confederation

They decide to write a new plan for government... the Constitution!

Meetings kept secret!!

Side 1: Virginia Plan Bicameral (two house) legislature Representation in both houses based on population Side 2: New Jersey Plan Unicameral (one house) legislature Representation is equal

Created a bicameral (2 house) legislature to make laws Senate: equal representation (2 per state) House of Representatives: Representation based on population

Northern States: Count slaves for taxes but not for representation Southern States Count slaves for representation but not for taxes

Slaves will be counted as 3/5ths a person for representation and taxes

Constitution signed by delegates September 17, 1787 Sent to the states for ratification Ratify means to approve 9/13 states needed to ratify

Opposed the Constitution -- 2 main complaints National government in Constitution was too powerful –power taken away from states No list of rights (bill of rights) to protect people from strong national government

People who supported the ratification of the Constitution Need a strong national government with power shared with the states No need for a bill of rights because separation of powers will make it impossible for government to take away the people’s rights

Essays written to gain support for ratification of the Constitution Over 80 persuasive essays, written anonymously

Bill of Rights is to be added to the Constitution to satisfy Anti-Federalists 10 Amendments (changes) to Constitution Amend means to change Protects people from the national government Amendment 10: Basis for state power 9th state (New Hampshire) ratifies Constitution 1788 Washington elected President th state (Rhode Island) ratifies in 1790 Bill of Rights added 1791

1. Two part legislative branch 2. First 10 amendments 3. People who supported the Constitution 4. To approve 5. To change 6. First form of gov’t after independence 7. One part legislative branch

8. Who had power under the Articles of Confederation? 9. Why (to #8) 10. Branch(s) in A of C? Branch(s) missing? 11. Original goal of Constitutional convention? 12. What happened instead? 13. Who supported the New Jersey Plan? 14. Who supported the Virginia Plan?

15. What was the compromise on representation in Congress? 16. What did the 3/5 th Compromise do? 17. Two fears of the Anti-Federalists about the Constitution. 18. How did the supporters of the Constitution spread their ideas? 19. How is representation in the House of Reps determined? The Senate? 20. What was the final compromise on the Constitution? 21. List 2 weakness of A of C and the fixes in the Const.