1. Founding Documents and Principles
Unit 3 Notes
Founding Documents and Principles

2. Government vs. a State of Nature
Political thinking John Locke said government is better than living in a state of nature
Locke said ‘government exist to protect our natural rights (life, liberty, and property)’
Locke stated ‘the only legitimate way for a government to gain power is by the consent of the governed (the people).’

3. II. Types of Government
Government - The organization, institutions, and individuals that hold power over a group of people
Types of Government
Democracy - People Rule
(Absolute) Monarchy - Rule by a King or Queen
Dictatorship - Government is controlled by one person
Oligarchy - Government is controlled by a small group; usually wealthy
Theocracy - Government is controlled by a religious group

4. III. Fundamental Political Principles
DR. CoLR
Democracy - in a democratic system of government, the people rule
Rule of Law - The government and those who govern are bound by the law, as are those who are governed.
Consent of the Governed - the people are the source of any and all governmental power

5. D Limited Government - Government is not all-powerful and may do only those things the people have given it the power to do.
E Representative Government - In a representative system of government, the people elect public office holders to make laws and conduct government on the people’s behalf

6. The Preamble
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 for ourselves and our posterity do ordain and establish this Constitution for the United States of America.

7. IV. The Constitution of the United States of America
The Preamble to the Constitution of the United States sets forth the goals and purposes to be served by the government.
The Preamble to the Constitution of the United States of America expresses the reason the Constitution was written.

8. C. Purposes of Government as listed in the Preamble
To form a more perfect Union
To establish Justice
To insure domestic tranquility
To provide for the common defense
To promote the general welfare
To secure the blessings of liberty
- The Preamble begins with , ‘We the People’, which establishes that the power of government comes directly from the people.

9. V. The Amendment Process
Amend - to change
The amendment process is complex.
To date there are only 27 amendments.

10. Federal Amendment Process
Proposal : Action by Congress or a convention
Ratification : by the states
Constitution of Virginia
Proposal: action by General Assembly or convention
Ratification: by the voters of Virginia

11. VI. Founding Documents
How did the following documents influence the Constitution?
The American Constitutional government is founded on concepts articulated in earlier documents.

12. The Magna Carta
Established for the first time the principle that everyone including the king was subject to the law
Gave Englishmen basic rights and freedoms
Charters of the Virginia Company of London
Written by King James I
Guaranteed colonists the rights of Englishmen
Virginia Declaration of Rights
Written by George Mason
Served as a model for the Bill of Rights

13. Declaration of Independence
Stated grievance against the King of Great Britain and declared the colonies’ independent
Affirmed certain unalienable rights (life, liberty and the pursuit of happiness) and stated all people are equal

14. Articles of Confederation
Established the first form of national government for the independent states
Maintained that major powers resided with individual states
Created a weak central government (no power to tax or enforce laws)
Led to the writing of the Constitution of the United States of America.
Virginia Statute for Religious Freedom
Stated freedom of religious beliefs and opinion

15. Constitution of the United States of America
Established the structure of the United States Government
Guarantees Equality under the law with majority rule and the rights of the minority protected
Affirmed individual worth and dignity of all people
Protected the fundamental freedoms of religion, speech, press, assembly, and petition.

16. VII. Intro to the 3 Branches of Government
The United States Constitution establishes three branches of government
The Legislative Branch (Article I)
Made up of the United States Congress
U.S. Senate
House of Representatives
Main function is to make the laws for the nation

17. United States Capitol Building

18. The Executive Branch (Article II)
Headed by the President and the Vice President
Main function is to execute or carry out the laws.

19. White House

20. The Judicial Branch (Article III)
Headed by the United States Supreme Court
Main function is to interpret the laws (make sure they are constitutional)

21. United States Supreme Court

22. VIII. Separation of Powers and Checks and Balances
The powers of the national government are separated among three branches of the government in ways that limit any one branch from abusing its power.
Separation of Powers - The Constitution of the United States in Articles I, II, and III defines the powers of the Legislative, Executive, and Judicial branches of the national government.

23. Checks and Balances - Each of the three branches of the national government limits the exercise of power by the other two branches.

24. Legislative Branch
Congress checks the President (executive) when Congress
Override presidential vetoes
Impeach and convict a president
Congress checks the courts (judicial) when legislators
Confirm or refuse to confirm federal judges/justices
Impeach and convict judges/justices

25. The Executive Branch
The president checks Congress (legislative) when the president
Proposes legislation
Prepares an annual budget for Congress to approve
Call a special session of Congress
Vetoes legislation Congress passed
The president checks the courts (judicial) when the president appoints judges/justices.

26. The Judicial Branch
The courts (judicial) check Congress (legislative) when judges/justices declare acts of Congress to be unconstitutional.
The courts check the president (executive) when judges/justices declare executive actions to be unconstitutional.

27. IX. Federalism
The Constitution of the United States of America establishes the principle of federalism, which is the division of power between the Federal and State government.
The expansion of the national government’s powers into areas traditionally reserved to the states has altered the relationship of states to the national government.

28. The Constitution of the United States of America establishes a federal form of government in which the national government is supreme.
The powers not given to the national government by the Constitution of the United States of America are reserved for the states.
The Constitution denies certain powers to both the national and state governments.

29. Primary responsibilities of each level of government:
National (federal) - Conducts foreign policy, regulates commerce, and provides for the common defense
State - Promotes public health, safety, and welfare
Tensions exist when federal mandates require state actions without adequate funding.

30. Types of Powers
Delegated Powers (DC)
Declare War, Coin and print money, regulate Interstate trade
Reserved Powers (Richmond)
Marriage License, Driver's License, Establishing local governments
Concurrent Powers (both)
Make laws, collect taxes, Make roads