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Constitution and Government
CRASH COURSE In these PowerPoint presentations: the Arizona Constitution is often abbreviated AZC the United States Constitution is often abbreviated USC the word government is sometimes abbreviated gov’t the symbol § means section
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The U.S. has a federal system of government
Federalism: System of government in which power is divided between a central government and smaller governments Notes on terminology: In the U.S., the central government is referred to as the federal government or the national government. A gov’t that has sovereignty over a people & territory is one that is ultimately responsible for governing (administration: collect taxes & provide public services, the most important one being public safety) in that territory, and for the most part has exclusive authority. [Can you think of other countries that have a federal system of government? Canada, Russia, Brazil, Mexico, India, Germany, Belgium…] Since the founding period there has been a heated debate in the U.S. over who should have more power, the states or the federal government. The general tendency since 1789 (ratification of the USC) has been for the power of the federal government to expand and the power of the states to shrink. _____________________________________________ If you want to know more about this topic, see Toni McClory’s fact sheet on the expansion of the federal government’s power in the U.S.: Figure: [Apart from the federal system of gov’t, what other systems of gov’t are there?] Federal and state gov’ts each have sovereign powers, each has the authority to make and enforce laws directly on their citizens in separate areas without interference from the other level of gov’t. Neither government empowers the other: both derive their authority from the Constitution. ______________________________________________________________________________________________________________________________________________________ Combines strengths of unitary and confederal systems Strong national government capable of “getting things done” (like a unitary government) More policy variation (each state retains a high degree of self-government; it can adopt the solutions that better fit its character as a society)
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There are 3 levels of government
The Federal government governs the whole country State governments govern the states Local governments govern counties, cities and towns Notes on terminology: In the U.S., the central government is referred to as the federal government or the national government. A gov’t that has sovereignty over a people & territory is one that is ultimately responsible for governing (administration: collect taxes & provide public services, the most important one being public safety) in that territory, and for the most part has exclusive authority. [Can you think of other countries that have a federal system of government? Canada, Russia, Brazil, Mexico, India, Germany, Belgium…] Since the founding period there has been a heated debate in the U.S. over who should have more power, the states or the federal government. The general tendency since 1789 (ratification of the USC) has been for the power of the federal government to expand and the power of the states to shrink. _____________________________________________ If you want to know more about this topic, see Toni McClory’s fact sheet on the expansion of the federal government’s power in the U.S.: Figure: [Apart from the federal system of gov’t, what other systems of gov’t are there?] Federal and state gov’ts each have sovereign powers, each has the authority to make and enforce laws directly on their citizens in separate areas without interference from the other level of gov’t. Neither government empowers the other: both derive their authority from the Constitution. ______________________________________________________________________________________________________________________________________________________ Combines strengths of unitary and confederal systems Strong national government capable of “getting things done” (like a unitary government) More policy variation (each state retains a high degree of self-government; it can adopt the solutions that better fit its character as a society)
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The Constitution 5
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What is the purpose of the Constitution?
It outlines how government is structured It states citizens’ rights and freedoms 1st PURPOSE AZC, Art. III: “Distribution of Powers: The powers of the government of the state of Arizona shall be divided into three separate departments, the Legislative, the Executive, and the Judicial; and, except as provided in this constitution, such departments shall be separate and distinct, and no one of such departments shall exercise the powers properly belonging to either of the others.” Art. IV describes the legislative branch, Art. V describes the executive branch, Art. VI describes the judicial branch. Doctrine of the SEPARATION OF POWERS: Although the principle of the separation of powers existed at least since Ancient Greece, in modern times Montesquieu, French political thinker of the 18th century, was the first to codify the idea that the powers of governments should be divided between a legislative, an executive, and a judicial branch. As a general rule: The legislative branch makes laws and has “the power of the purse” (power of overseeing and approving how public money is spent). The executive branch executes (implements and enforces) the laws and has “the power of the sword” (power to maintain security at home and defend the country abroad). The judicial branch interprets the laws. We speak of powers or branches of power (formerly also called “estates”). Sometimes you’ll hear of “the fourth estate” or “the fourth branch of government” to refer to the media or to interests groups that act from outside of government. 2nd PURPOSE A constitution ESTABLISHES RIGHTS & FREEDOMS: essentially this is equivalent to putting limits on governmental power; in other words, constitutions specify what the government cannot do to you and/or what you are entitled do. Rights vs. freedoms/liberties Rights are granted by the government; Freedoms are inalienable, inherent to the human condition. We might say that the government cannot take away your freedoms from you, because they are inherent to you, you are born with them, and that the government grants you the right to do certain things or to have certain guarantees; for instance, the right to a fair trial could be guaranteed by other means, but the US Constitution determines that a right to a trial by jury is a way to do so that must be guaranteed to all persons under the jurisdiction of the US. Also, the freedom of self-defense could be protected in different ways, but the US Constitution determines that the people have a right to bear arms in order to defend themselves. However, often the word right is used to refer to both rights and freedoms. [So of course you know that there is a United States Constitution, and you know that there is an Arizona Constitution, because that’s the name of this class. That means that in Arizona we have two constitutions… Do all 50 states have their own state constitution?]
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Separation of Powers The Constitution purposely separated the power of the government into 3 branches This creates a system of “checks and balances” Each branch places certain limits on the other and makes sure one branch does not become too powerful 7
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REVIEW
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Constitution: Organizes government States citizens’ rights & freedoms
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3 levels of government: Federal State Local
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3 Branches of Government:
Legislative Executive Judicial
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The Legislative Branch
The Legislative Branch makes the country’s laws It consists of Congress which has 2 houses Congress House of Representatives Senate 15
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The House of Representatives
The number of representatives in the House is based on the number of people living in each state States with larger populations have more representation than smaller states Pennsylvania has 19 Delaware has 1 16
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The Senate All states are represented by 2 senators
50 states x 2 senators = 100 senators in the Senate Fixed spacing issue with “2” after Delaware Pennsylvania has 2 Delaware has 2 17
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How are laws made? Someone comes up with an idea for a new law – called a bill The bill is discussed and debated and may eventually be voted on in Congress A majority in both houses of Congress must vote yes on the bill The bill will then be sent to the president If he signs the bill it becomes law He may choose to reject the bill – called a veto
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A vetoed bill can still become a law!
Congress can hold another vote If two-thirds of representatives and senators support it, they can override the president’s veto
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The Executive Branch The president is the head
The president’s roles are: Make sure laws are followed Recommend new laws Sign or veto bills Serve as commander in chief of the Armed Forces (Army, Navy, Air Force, Marines) Meet with leaders of other countries commander in chief (not capitalized, no hyphens); Armed Forces: Army, Navy, Air Force, and Marines 20
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So You Want to Be President?
You must be: At least 35 years old A citizen of the United States A resident of the United States for 14 years
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The President’s Cabinet
Carrying out the laws of the United States is a big job! To help, the president has a department heads called secretaries who advise the president on issues and help carry out policies These secretaries make up the president’s Cabinet 22
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Cabinet Departments The Department of Education provides money for public schools and loans to help people attend college . It makes sure there is equal access to education and promotes educational excellence throughout the nation. The Department of Transportation is in charge of highway planning and construction; car, truck, air, and railroad safety; and the safety of waterways, ports, highways, and oil and gas pipelines. The Department of Agriculture works to support farmers and to develop and expand markets abroad for agricultural products. It protects quality in the daily food supply. I fixed some minor punctuation, capitalization, and spacing issues. The Department of the Treasury collects taxes, recommends ways to help the economy, and manufactures coins and money. 23
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The Department of Defense is responsible for providing the military forces needed to protect the security of our country. The Department of Health and Human Services looks after people's health and provides services that include conducting medical research, preventing diseases, and assuring the safety of food and drugs. The Department of Energy researches and develops energy systems that are friendly to the environment, but are not too expensive. There are many more! 24
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BRAIN BREAK!!!!
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The Judicial Branch The judicial branch of government is the court system. Courts decide arguments about: The meaning of laws Whether or not laws go against the Constitution 26
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The Supreme Court The Supreme Court hears cases that have made their way through the lower court system. There are more than 7,500 cases sent to the Supreme Court each year. Only about 80 to 100 cases are actually accepted. There are nine Supreme Court Justices and they serve for life 27
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One more look at checks and balances!
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REVIEW
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Legislative branch: Congress = Senate & House of Representatives
Makes Laws
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Executive branch: The president Signs or vetoes bills Carries out laws
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Judicial branch: Supreme Court Makes sure laws follow the Constitution
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Separation of power Power is spread around 3 branches
Creates system of checks & balances
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