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Rule of Law (SS.7.C.1.9) OBLIGATION
Important terms to know: Immigrant-a person who moves permanently to a new country. Popular Sovereignty- idea that government gets its power from the people. Government- the ruling authority for a group of people. Citizen- a person who is loyal to a government and its protected by that government. Alien- a person who lives in a country in which he or she was not born. Refugee- a person who flees their country to escape danger. Tolerance- respecting and accepting others. Welfare- health, wealth, and happiness. OBLIGATION Rule of Law (SS.7.C.1.9) Types of Rule of Law: Order and Security 4. Access to Justice 2. Checks and Balances 5. Equal Application of Law 3. Procedural Fairness 6. Legitimacy
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John Locke con’t: People agree to be ruled because their ruler pledges to protect their rights. An agreement called a social contract. Baron Montesquieu- Separation of Powers: separate the parts of government so no one part can become too powerful. Colonial Grievances
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The Parts 1. Introduction- Explains why the colonists drew up the Declaration. “When in the course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another…they should declare the causes which impel (force) them to the separation.” 2. Statement of Beliefs- Lists the rights of the Citizens. It explains that, in a republic, people form a government to protect their rights. “We hold these truths to be self-evident that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty, and happiness…that to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed…that whenever any form of government becomes to destructive…it is the right of the people to alter or to abolish it, and to instituted a new government…” 3. List of Grievances (complaints)- Lists the colonists’ complaints against the British government. Notice that King George III is singled out for blame. “The history of the present King of Great Britain is a history of repeated injuries and usurpations…He has refused his Assent to laws, the most wholesome and necessary for the public good…he has obstructed the administration of justice, by refusing his assent to laws for establishing Judiciary powers…he has combined with others to subject us to for cutting off our trade with all parts of the world…for imposing taxes on us without our consent…” 4. Attempts to Address Grievances- What has the colonists attempted up until this point. “In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.” 5. Conclusion (formal declaration of independence)- Resolution of Independence by the United States: Declares that the colonies are “Free and Independent States” with full power to make war, to form alliances, and to trade with other countries. “And for the support of this Declaration, with a firm reliance on the protection of divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor.”
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THE SEVEN ARTICLES in the Constitution (SS.7.C.3.3)
Article 1: The Legislative Branch Law making Congress, Senate & House of Reps- Rules and powers given to Congress. Article 2: The Executive Branch Enforces laws, president is head of the gov’t- Rules and powers given to the President. Article 3: The Judicial Branch Interprets the laws, makes sure laws are applied fairly, Supreme Court is the highest court. Article 4: Federalism Explains the relationship between the states and the national government. Article 5: Amending the Constitution Explains how & when it can be changed. Article 6: Supreme Law of the Land Constitution is the highest law in the land. Article 7: Ratification of the Constitution It will go into effect after 9 of the 13 states ratify it.
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The Five Principles of the Constitution
Popularly Sovereignty: The idea that the power of government lies with the people. It means “the people’s right to rule”. In the Constitution, it begins with “WE THE PEOPLE” phrase. Under the Constitution, the will of the people is stated most strongly through elections. Limited Government: The Constitution limits the power of both the federal and state governments. Under the Constitution, the US government is also limited by the rule of law, meaning that the law applies everyone even those who govern. No one is above the law. Separation of Powers: To keep any one person or group from gaining too much power, the framers divided the federal government into three branches. Checks and Balances: Each branch of government is able to check, or limit, the power of the other two branches in a number of ways. Example: A) Executive Branch: the president can veto a law passed by the legislature. B) Legislative Branch: the Senate and the House can override a presidential veto with a 2/3’s vote. C) Judicial Branch: the Supreme Court can declare acts of legislature and presidential actions unconstitutional. Federalism: Power is shared by the national and the states. Each level of government- national and state has independent authority over people at the same time. Enumerated powers, or spelled out, are also called expressed powers. Reserved powers are powers that were set aside, or reserved, for the states only. Powers that both the national government and state’s share are called concurrent powers.
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The Primaries: Narrowing down the pack so only one candidate from each party can run in the final election. Primaries are held from January to early June. Primaries are election where everyone in the party who is interested votes for the party candidate. The Conventions: After primaries the major parties hold conventions to officially nominate their candidate for president. After the candidates are nominated, their names are officially submitted to each state’s chief election official so that they will appear on the general election ballot. The General Election: Now that each party has determined their candidates, the general election process begins. Candidates spend weeks campaigning in an attempt to win the support of voters. Even through a voter may belong to a particular party, he or she may vote for candidates from any party. Finally on Election Day, people exercise their right to vote.
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Legislative Committees House of Representatives
Branch Article I- Makes Laws Bicameral- Congress is made up of two houses The House of Reps is the lower house Senate is the upper house Legislative Committees Standing Committee: Permanent legislative panel that consider bills and issues Select Committee: Temporary committee that address a specific issue, once that issue is done the committee dissolves. Conference Committee: Temporary committee formed to reconcile differences in legislative passed by both chambers House of Representatives Senate Qualifications: Must be 25 years of age Citizen for 7 years In in the state they represent Must be 30 years of age Citizen for 9 years Organization: 435 members (based on the states population) 2 year terms 100 members (2 per state) 6 year terms Powers & Functions of the House: Power of impeachment and Bills state in the House involving taxes. Powers & Functions of the Senate: Impeachment trial Decided whether or not to remove from office Confirms high level nominations (supreme court judges, etc) made by the executive branch
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Executive Branch Article II- Enforces and Implements Laws
ID’s the holders executive power (the president and vice-pres) Terms of Office- can serve maximum of 2 terms, 4 years each Executive Branch Qualifications Be at least 35 years of age Be a natural born citizen Live in the US for at least 14 years The President’s Cabinet Each executive department head is titles “Secretary” with the exception of the Department of Justice, which is headed by the Attorney General. Department Secretaries must be confirmed by a majority vote in the Senate. Cabinet secretaries have no set terms of office although they normally resign should the president who nominated them leave office. The President Succession Act, Lists the line of succession after the vice president. A line of succession is the order in which officials are expected to success, or come next, to an office. Vice President Speaker of the House President pro tempore of the Senate Secretary of State Secretary of the Treasury KEEPS GOING ON AND ON!!! The Federal Bureaucracy 100’s of agencies help run the executive branch. The workers help make gov’t policy. Agencies write rules that put laws pass by Congress into practice. The agencies turn laws from general guideline into specific rules, so that people and businesses can know who to do to follow the law. Independent Agencies (not part of cabinet). Executive Agencies- deal with certain areas Ex. CIA or Environment Protection Agency. Gov’t Corporation- businesses owned by the gov’t to provide goods or services. Not for profit. Ex. United States Postal Service. Regulatory Commissions- help protect public, make rules that industries/group follow. Ex. Federal Communications Commission (FCC)
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