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What is Government? Essential Question: What are the universal characteristics, origins, and purposes of Government?
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Universal Characteristics
3 basic powers of Government: Legislative: to make laws Executive: to administer & enforce laws Judicial: to interpret laws & settle disputes. 4 Characteristics of the State: People/Population Territory Sovereignty: independent of other nations Government: political organization
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Purposes “The purpose of government is to enable the people of a nation to live in safety and happiness.” – Thomas Jefferson Establish Justice- Provide law and order. Provide for Common Defense/National Security Promote General Welfare- provide services that benefit all or most of society.
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Forms of Government Democracy: power in government rests with the majority of the people. Direct Democracy: “pure democracy” People directly control the government. Only works with small communities or groups. Indirect Democracy: Representative Democracy People choose representatives to make day to day decisions. Representatives are elected by the people.
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Dictatorship: power held by a single person or small group.
Autocracy: single person holds power Oligarchy: Power held by small, elite, group. Authoritarian: those in power hold absolute authority over people. Totalitarian: those in power exercise complete and total power over nearly every aspect of human affairs. Militaristic: dictatorships are often hold power with/through the military.
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Distribution of Power- 3 Basic Forms
Unitary: Centralized government Power rests with the National/Central government Local governments have only those powers delegated to them by the state. Federal: Divided Government Power is divided between a central and several local governments. Ex: U.S.- Power is split between the National Government and the States. Note: the states are all Unitary in form.
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Confederate Government: alliance of independent states.
Central Government has limited power over only those matters assigned by the State. Ex. Defense & Foreign Commerce. Examples: United States under the Articles of Confederation Confederate States of America (Civil War) ***European Union is the closest we have today.
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Relationship between Executive & Legislative Branches
Presidential: Legislative and Executive are separate, independent, and coequal. President/Chief Executive: Elected independent of the legislature. Holds powers not subject to direct control of the legislature. US Invented this form!
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Parliamentary: Executive branch held within Legislative branch.
Prime Minister/Premier: elected from majority party within parliament. Cabinet: selected from majority party by PM. Prime Minster is subject to the direct control of Parliament. Most democracies are parliamentary.
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Democracy Essential Question: What are the basic concepts, origins, and influences of Democracy?
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Basic Concepts of Democracy
Basic Notions of Democracy: Worth & Dignity of the Individual Equality of all people Equality of opportunity Equality before the law Faith in Majority Rule and Minority Rights Necessity of Compromise Individual Freedom
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English Contributions
Magna Carta: (1215) King John forced to sign the “Great Charter”- spells out their rights. Creates a “Great Council” Parliament No taxes without Council approval Due Process: no imprisonment without a jury trial.
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English Bill of Rights: (1689)
Gave Parliament more power than monarchy Monarchy can not (without consent of Parliament): Make or suspend laws Raise taxes or keep an army Interfere in Parliamentary elections. William Blackstone (18th Century): “The Commentaries”- four books on English Common Law. Became the basis for Law in the U.S.
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Political Thinkers of the Enlightenment
Thomas Hobbes: (c. 1650) “Leviathan” State of Nature: before government = Always at war Social Contract- permanent-once given, people can not take back power. Emphasis- keeping protection & order. Best Government = Monarchy: Need a Strong, central authority.
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John Locke: (1690) “Treatise on Government”
Natural Rights: All people have the “right to life, liberty, and property.” Social Contract: Temporary- power is given by people, can be taken away by people. Majority Rule Religious Tolerance
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Baron de Montesquieu: (1748) “Spirit of the Laws”
Separation of Powers: Limit the governments power by creating separate, but equal, branches. Checks & Balances: Each branch will be checked by the others, leading to a balanced government.
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Creating the Constitution
A Bundle of Compromises
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Constitutional Convention
Virginia Plan: Strong National Govt 3 Branches Bicameral Legislature Reps based on Population Power to Tax New Jersey Plan Weak National Govt 3 Branches Unicameral Legislature 1 Vote Per State New Jersey Plan similar to existing Articles of Confederation. ***Rhode Island boycotted the Convention!*** Big State Plan Small State Plan
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Compromises! Connecticut Compromise: by Roger Sherman
Bicameral Legislature: Senate= Equal representation; 2 votes per state House of Representatives= Proportional Representation- based on population! “The Great Compromise”- saves the Constitution A blend of the New Jersey & Virginia Plans Not just a Large State vs. Small State fight! Also, Slave State vs. Free State!
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“All other persons”- for tax and representation
3/5 Compromise: “All other persons”- for tax and representation Commerce & Slave Trade Compromise: Congress forbidden to tax exports from states. Congress cannot act on the slave trade for 20 years (until 1808). “Bundle of Compromises” Presidential Selection Treaty Making Structure of National Courts Amendment Process 3/5th Compromise ends with the 13th Amendment in 1865.
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The Constitution 6 Basic Principles
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Popular Sovereignty The people hold all political power. “We the people of the United States….” The governments (National and State) draw their power from the people.
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Limited Government No government is all-powerful. Government may do only those things the people give it the power to do. _______________________: Government must obey the law. Rule of Law- nobody is above the law. Constitutionalism
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Separation of Powers The Judicial, Legislative, and Executive branches of government are separate and independent of each other. Keeps any one branch from gaining too much power. Inspired by Montesquieu.
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Checks & Balances
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Judicial Review The power of the courts to decide the Constitutionality of government’s actions. Unconstitutional: declared illegal or void. Not explicitly in the Constitution! Established with Marbury vs. Madison (1803)
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Federalism The division of power among a central government and several local/regional governments (States). Keeps states independent, yet still under the authority of the central government.
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