Constitutional Underpinnings

What is Politics? “Politics is the authoritative allocation of value.” -Charles Easton.

THE ABILITY TO INFLUENCE A PERSON’S BEHAVIOR What is Power?

1. What is power? 2. What is the most powerful form of power: government, military, political, economic, etc? 3. In what ways does one exercise power? 4. Who is the most powerful person in:  The world?  This country?  The City of Cleveland?  Shaker Heights High School?

Who has the Power? 100 %___________________________________100% Gov’t People

Monarchies:Constitutional MonarchyTraditional MonarchyAbsolute Monarchy Republics:DemocracyRestricted Democratic PracticeAuthoritarian Regime Totalitarian Regime Non-Sovereign:ProtectorateColonial DependencyEmpire Source: Matthew White, Adapted from FreedomHouse.orghttp://users.erols.com/mwhite28/othergov.htm

Monarchies:Constitutional MonarchyTraditional MonarchyAbsolute Monarchy Republics:DemocracyRestricted Democratic PracticeAuthoritarian Regime Totalitarian Regime Non-Sovereign:ProtectorateColonial DependencyEmpire Source: Matthew White, Adapted from FreedomHouse.orghttp://users.erols.com/mwhite28/othergov.htm

Monarchies:Constitutional MonarchyTraditional MonarchyAbsolute Monarchy Republics:DemocracyRestricted Democratic PracticeAuthoritarian Regime Totalitarian Regime Non-Sovereign:ProtectorateColonial DependencyEmpire Source: Matthew White, Adapted from FreedomHouse.orghttp://users.erols.com/mwhite28/othergov.htm

How Political Power is Distributed

How is Political Power Distributed? What is a representative democracy? Any system of government in which leaders are authorized to make decisions by winning the popular vote Four schools of thought on how decisions are made: Elitist View: Government is dominated by a few top leaders, most of whom are outside of government Pluralist View: Competition among all affected interests shapes public policy. Marxist View: Government is dominated by capitalists. Bureaucratic View: Government is dominated by appointed officials. Look for examples of each view in the creation of the U.S. Constitution…

In Your Judgment: How much of the national government is out of the DIRECT control of a majority of people? Is that good? Would it be better if we were able to:  directly vote on Constitutional amendments?  override Supreme Court decision by popular vote?  vote on proposed national legislation?  take a public vote to remove a public official from office?

The Social Contract Theory

Social Contract Theory Thomas HobbesJohn Locke What was life like in the State of Nature? “Life is…nasty, brutish, and short” Ends justify the means Paranoid/Violent Life is relatively pleasant. There are a few bad apples. What type of sovereign (ruler ) is needed? Strong Able to dictate the law One of us… Must follow the will of the people. What type of power does the sovereign have? Absolute His is above the law Not bound by the contract Has limited power Not above the law Bound by the contract

Government under the Articles of Confederation Loose joining of 13 independent states. Structure:  One house Congress – unicameral  Each state received ONE VOTE  Required 9 of 13 states to approve legislations (2/3 majority)  All 13 states must approve an Amendment to change the structure of the government  No executive position  No federal judiciary

Powers under the Articles of Confederation Congress can engage in: Diplomatic relations Make treaties Declare war/make peace Raise an army on a voluntary basis (request quota from the states) Regulate weights and measures Borrow money Coin money Powers not granted: No power to impose or collect taxes No power to regulate commerce (trade) No executive No federal judiciary No military power At what level was most of the power concentrated? Federal or State?

Six Principles of the U.S. Constitution

PrincipalDescriptionConstitutional Example Popular Sovereignty Limited Government Federalism Separation of Powers Checks and Balances Judicial Review

Popular Soverignty Limited Government All political power resides with the people A government may do only what the people give it the power to do Six Principals of the U.S. Constitution

Federalism Federalism in the Constitution Power is shared between national and state governments What do you think is the best balance? Enumerated Powers (National) Reserved Powers (State) Concurrent Powers (Both) Full Faith and Credit Clause Privileges and Immunities Extradition Six Principles of the U.S. Constitution

Examples of Federalism States pass their own laws regarding…  Gay Marriage, Abortion, Affirmative Action, Bilingual Education, Death Penalty, K-12 Education, Speed Limit, Drinking Age, Gambling, Marijuana, Assisted Suicide

State Laws in California State Laws in Florida Animals are banned from mating publicly within 1,500 feet of a tavern, school, or place of worship It is a misdemeanor to shoot any kind of game from a moving vehicle, unless the target is a whale If an elephant is left tied to a parking meter, the parking fee has to be paid just as it would for a vehicle Having sexual relations with a porcupine is illegal It is illegal to sing in a public place while wearing a swimsuit Examples of Federalism

Separation of Powers Checks and Balances Power is divided between three branches of government:  Legislative  Executive  Judicial Each branch of government is checked by the other two branches Six Principles of the U.S. Constitution

Judicial Review The courts have the power to determine constitutionality of laws made by other branches of government Six Principles of the U.S. Constitution

The U.S. Constitution

The Purpose of Government “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 this Constitution for the United States of America.” -Preamble to the Constitution

Separation of Powers and Checks and Balances Legislative Executive Branch Branch Judicial Branch

Checks and Balances

In a republican government, which branch is the strongest? 1.Dividing Congress 2.Giving two houses of Congress different means of election. 3.Fortifying the executive, e.g., with a veto

Article V - The Formal Amendment Process

Amendments that Failed… 1893: The nation shall hereafter be known as the United States of the Earth. 1912: Marriage between certain of the races shall be prohibited. 1876: The Senate shall be abolished. 1876: Religious leaders are forbidden to occupy government office and are denied all federal funding.’ 1916: All acts of war shall be put to a national vote. All those affirming [voting “yes”] shall be registered as a volunteer for service in the United States Armed Forces.

Informal Amendments Basic Legislation – laws made by the legislative branch (Congress) – Example? Actions taken by the President – Sending of military troops or an Executive Order – Example? Key Decisions of the Supreme Court – Example? Political Party Practices – any type of political party change – Example? Customs – traditions that have evolved over time – Example?

The Constitution: Review What are the most important underlying ideas behind the United States Constitution? What do you think is the Constitution’s key to success? How does the Constitution relate to knowledge issues we have discussed in TOK?

KQ Individual Practice Independently derive a knowledge question from the political cartoon.  Your Constitution Retake Quiz will include a similar task to assess your ability to craft an effective KQ.