Mr. Richter
Government and the State
Objectives

 Understand how public policy affects our lives
 Identify the three main forms of governmental
power
 Explain the difference between democracy and a
dictatorship
What is government?

 Government is the institution through which a
society makes and enforces its public polices
 A public policy is what the government decides to
do
 Examples?
Three types of governmental power

 Legislative power
 Power to make laws
and frame public
policies
 Executive power
 Power to execute,
enforce and administer
the law
 Judicial power
 Power to interpret the
law and settle disputes
The Constitution

 Document that outlines the powers of the
government is often called a constitution
 Different types of constitutions?
Types of Government

 Dictatorship
 Ultimate responsibility of
the government rests on
one person or a small
group of people
 Those who rule cannot be
held responsible to the will
of the people
Types of Government

 Democracy
 Supreme authority rests with the people
Politics ≠ Government

 Politics
 The process of
distributing power and
resources
 Government
 The institution where
those decisions are made
The State

 A body of people, living in a defined territory,
organized politically, and with the power to make
and enforce law without the consent of any higher
authority
 Must have…




Population
Territory
Sovereignty
Government
Origins of the State

 Force Theory
 One person or a small group forced the rest of the
population to submit to their rule
 Evolutionary Theory
 A family was the center of government and over time
the related families became “clans”
Origins of the State cont.

 Divine Right Theory
 God created the state and gave those who were ruling
a “Divine Right” to rule
 Social Contract Theory
 Humans first lived in a “State of Nature” where
people could take whatever they wanted by force
 Humans eventually countered this by agreeing with
each other to establish rules of conduct or a
“government”
The Purpose of Government

 Form a more perfect union
 Establish Justice
 Insure domestic tranquility
 Provide for the common defense
 Promote the general welfare
 Secure the blessings of liberty
Objectives

 Understand how public policy affects our lives
 Identify the three main forms of governmental
power
 Explain the difference between democracy and a
dictatorship
Forms of Government
Objectives

 Identify ways that power can be distributed
 Understand the characteristics of the different types
of governments
 Explain the systems of government and who can
participate
Three Classifications of Government

 Who can participate in the governing process
 Geographic distribution of governmental power
within the state
 Relationship between the legislative and executive
branches of government
Who can participate

 Democracy
 Supreme authority rests with the people
 Direct Democracy
 Will of the people is directly translated into public
policy
 Town hall meetings
 Indirect Democracy
 Representative Democracy
 People elect representatives to create public policy
Who can participate cont.

 Dictatorship
 Those who rule cannot be held accountable to the will
of the people
 Autocracy
 Single person holds power
 Oligarchy
 Power to rule is held by a small group of people. Usually
self-appointed
Geographic Distribution of Power

 Unitary Government
 All powers held by the government
belong to a single central agency
 Federal Government
 Power of the government is divided
between the central government and
several local governments
 Division of Powers
 Is stated by a higher authority that is above
the central and local governments
 Ex. US Constitution
Geographic Distribution of Power cont.

 Confederate Government
 Alliance of independent states(countries)
 Their power is very limited and is decided by the states
Presidential Government

 Executive and Legislative branches of government
are separate from one another and are elected
separately
 The United States invented this form of government
structure
Parliamentary Government

 The Prime Minister or Premier are actual members of
the legislative branch or Parliament
 Prime Minister is selected as the leader of the
majority party in Parliament
 There are no set terms for the Prime Minister and
may be removed by a “vote of no confidence”
Objectives

 Identify ways that power can be distributed
 Understand the characteristics of the different types
of governments
 Explain the systems of government and who can
participate
Assignment

 What form of government do you think works best?
 In essay form, half page hand written.
Basic Concepts of Democracy
Objectives

 Understand the foundations of democracy
 Explain the free market system
 Identify the importance of compromise
Foundations of Democracy

 Worth of the Individual
 Each person in a
democracy has worth
 Democracies serve the
interests of the many
 Equality of all persons
 Equality of
opportunity
 Equality of the law
 Majority Rule, Minority
Rights
 The majority of people
will be right more
often than wrong
 Necessity of
Compromise
 Must find a position
acceptable to the
largest number
Individual Freedom

 Does not insist on COMPLETE freedom of an
individual
 “The right to swing my fist ends where the other
man’s nose begins” Justice Oliver Wendell Holmes
 “The rights of every man are diminished when the
rights of one man are threatened.” John Fitzgerald
Kennedy
Free Enterprise System

 Started from specialization
 A person or group makes similar items to sell rather
than many items to use
 Four factors of Free Enterprise




Private ownership
Individual initiative
Profit
Competition
Free Enterprise cont.

 Law of supply and demand
 Drives the economy
 Mixed economy
 Free market mixed with governmental involvement in
regulation
 How does the government regulate our economy?
Homework

 Section 1.3 Assessment numbers 1-6
Objectives

 Understand the foundations of democracy
 Explain the free market system
 Identify the importance of compromise
Our Political Beginnings
Objectives

 Identify the three basic concepts that influenced
government in the English Colonies
 Understand the significance of the Magna Carta
 Describe the three types of colonies that the English
established in North America
Ordered Government

 Early English settlers
established local
governments that could
help people on a more
individual basis
 Counties
 Townships
 Sheriff
 Grand Jury
Limited Government

 Government is not allpowerful and cannot take
away certain rights from the
individual
 This idea had been a part of
English life since the 1200s so
naturally it was brought over
to the Americas
The Magna Carta

 Meaning “Great Charter”
forced the nobility of
England to submit to the
laws of the people
 This document signed by
the Barons or landowners
of England protected the
people against absolute
power of the king
Representative Government

 Government that serves the will of the people
 Idea that people should have a voice of what the
government should do and not do
Other Noteworthy Documents

 The Petition of Right and the
English Bill of Rights were
important documents that
further limited the powers of
the monarchy
Petition of Right

 British Parliament began to grow in influence after the
Magna Carta
 In 1628 when King Charles I asked for more taxes,
Parliament refused and signed the Petition of Right
 This document prevented the king from…
 Unlawful imprisonment
 Imposing martial law in times of peace
 Requiring homeowners to house soldiers against their will
English Bill of Rights

 1688 British Parliament offered the crown to William
and Mary of Orange
 William and Mary were required to sign the new
English Bill of Rights
 This document
 Prohibited a standing army in peacetime
 Outlined the rights to a fair trial
 Removed cruel and unusual punishment
English Colonies in America
 Royal Colonies

 Subject to direct control of the
Crown
 Proprietary Colonies
 The King grants an area of land to
a person who has complete rule
over the area
 Charter Colonies
 The King grants a charter, or a
written grant of authority, to a
group of people
 These were made for religious
purposes
Types of Legislature

 Unicameral
 Legislature is only
one house
 Bicameral
 Legislature has two
houses
Objectives

 Identify the three basic concepts that influenced
government in the English Colonies
 Understand the significance of the Magna Carta
 Describe the three types of colonies that the English
established in North America
The Coming of Independence
Objectives

 Explain some of Britain’s colonial policies
 Compare the outcomes of the First and Second
Continental Congress
 Identify the ideas of the Declaration of Independence
British Policies for Colonies

 The King had a majority of control of the colonies
 Parliament did not get involved at first
 The colonies were largely self-reliant because of the
large distance between them and England
 By the mid-1700s the colonies relationship with
England was mostly Federal in form
King George III

 Takes crown in 1760
 Began taxing colonists to pay
for British troops being
stationed in America
 Colonists objected
 Claimed they should not be
taxed without representation
in parliament
 “No Taxation without
Representation”
Early Attempts at Independence

 Albany Plan of Union
 Idea made by Benjamin Franklin to form an annual
congress of delegates from each colony to meet
 The plan was turned down by the colonies as well as
the Crown
 Stamp Act Congress
 Stamp Act passed in 1765 required the use of
“stamped” legal documents, business agreements and
on newspapers
 Colonists began boycotting certain English Goods
The First Continental Congress

 1774 Parliament passed the
Intolerable Acts to punish
the colonists for their
defiance
 Delegates from every
colony except Georgia met
to discuss the repeal of the
Intolerable Acts
 They sent a Declaration of
Rights to Parliament
protesting colonial policies
Second Continental Congress

 The British government did not repeal the
Intolerable acts and reacted to the Declaration of
Rights with even more repression
 SCC met in Philadelphia in May 1775
 Each of the 13 colonies sent a representative
 A continental army was created and George
Washington was appointed commander
 The SCC became our first national government
The Declaration of Independence

 A year after the Revolution began, a proposition was
made to the SCC to declare complete independence
from Britain
 Congress named a committee of 5 to create the
Declaration but it was dominated by one
 Thomas Jefferson
 July 4th,1776 the Declaration of Independence was
signed and the United States of America became a
nation
State Constitutions

 Each state was urged to write a constitution to
“best conduce to the happiness and safety of their
constituents”
 Outlined the ideas of four main points




Popular Sovereignty
Limited Government
Civil Rights and Liberties
Separation of Powers
Popular Sovereignty

 The government can only
exist and function only
with the consent of the
governed
 The people hold power
and the people are
sovereign
Limited Government

 The powers given to the government were given
reluctantly and contained many regulations
 People in power could not be in power for long
terms.
 Typically no more than 1 or 2 years
 Most power rested in the Legislature
Civil Rights and Liberties

 Sovereign people had certain rights that the
government must respect at all times
 Many of the new state constitutions contained a “Bill
of Rights”
 Establishing untouchable rights for the people
Separation of Powers

 A “Checks and Balances” system was put in place
 The governments were divided into three branches
 Executive, legislative and judicial
 Each branch had the power to restrain the actions of
other branches
Objectives

 Explain some of Britain’s colonial policies
 Compare the outcomes of the First and Second
Continental Congress
 Identify the ideas of the Declaration of Independence
The Critical Period
Objectives

 Explain the structure of government set up under
the Articles of Confederation
 Identify some of the weaknesses of the Articles
 Describe the events to plan a new constitution
The Articles of Confederation

 Explain the Articles of Confederation
 Each state was an individual only to come together for
common defense and security of their liberties.
 What is ratification
 Formal approval
 Characteristics of Articles of Confederation
 Government Structure
 Unicameral congress, each state had one vote
 Powers of Congress
 Make war and peace, borrow money, settle disputes
 State Obligations
 Pledged to obey the Articles, provide funds and troops
 Weaknesses
 No power to tax, regulate trade between states
The Critical Period

 What were the states doing that caused problems?
 Making allies with foreign nations, taxing other
states, printed their own money
 What was Shay's rebellion?
 Landowner attacked a federal arsenal because he
was upset about taxes and debts
Need for Stronger Government

 Representatives from what two states met at Mt. Vernon to
propose a change to the Articles
 Virginia and Maryland
 Why was the Annapolis meeting unsuccessful?
 Only 5 of the 13 representatives from the states attended
 Where was the proposed meeting place of the next convention?
 Philadelphia
 What was that meeting later called?
 Constitutional Convention
Creating a Constitution
Objectives

 Identify some of the main participants of the
Constitutional Convention
 Compare and contrast the New Jersey plan and the
Virginia Plan
 Understand the idea behind the three-fifths
compromise
Framers of the Constitution

 12 of the 13 states sent
delegates to Philadelphia
 All but Rhode Island
 Included 55 men that were
chosen as delegates from
their respective state
Birth of a Constitution

 George Washington was named president of the
convention
 Delegates were required to work in secret, so they
couldn’t be influenced by outside sources
 James Madison was the convention’s floor leader
and had a hand in most of the document
The Virginia Plan

 Called for a new
government consisting
of…
 Three branches –
Executive, Legislative and
Judicial
 Bicameral Legislature –
House and Senate
 Members are represented
by population and
monetary donations
The New Jersey Plan

 Wanted to amend the Articles
 Retained the “Congress of the Confederation”
 Unicameral Legislature
 Had the power to tax and regulate trade between the
States
 Members of congress would be represented equally
for each state
Need to Compromise

 Large states expected to dominate
 Small states were worried that they wouldn’t have any
voice
 Connecticut Compromise
 Senate – members represented each state equally, 2
members from each state
 House of Representatives – representatives based on
population
More Compromises

 Three-fifths compromise
 Question of slaves being a part of the population for
southern states
 Slaves were to be counted as three-fifths of a person
 Commerce and Slave Trade compromise
 Congress could not tax exported goods and could not
act on slave trade for at least 20 years
Objectives

 Identify some of the main participants of the
Constitutional Convention
 Compare and contrast the New Jersey plan and the
Virginia Plan
 Understand the idea behind the three-fifths
compromise
The Six Basic Principles
Objectives

 Identify the six basic principles of our constitution
 Understand why each of the principles are important
 Explain the importance of the court case Marbury vs.
Madison
The Law of the Land

 Written in 1787, ratified in 1789
 The purpose of the constitution is in its Preamble
 We the people…
 Divided in seven numbered sections called Articles
 Articles are followed by 27 amendments
 Changes made to the document over the past 200
years
Basic Principles

 Popular Sovereignty
 People are the only source for any
and all governmental power
 Limited Government
 Government is not all-powerful,
can only do things that the people
have given them power to do
 Rule of law – government and its
officers are never above the law
Basic Principles

 Separation of Powers
 Power is divided between the
Legislative, Executive and
Judicial Branches
 Checks and Balances
 Each branch of government
can be restrained by the other
two
 Ex. Presidential Veto
 Rejecting an act of congress
Basic Principles

 Judicial Review
 Courts decide whether governmental actions are
aligned with the constitution
 Power to declare an act Unconstitutional
 Marbury vs. Madison
 Court case that established the courts ability to deem
something unconstitutional
 Federalism
 Division of power between the central government
and several regional governments (states)
Objectives

 Identify the six basic principles of our constitution
 Understand why each of the principles are important
 Explain the importance of the court case Marbury vs.
Madison
Reading Quiz

 1. What is an anti-federalist
 2. On what two states did
the success or failure of
ratification depend?
 3. Where was the first US
Capitol located?
Formal Amendment
Objectives

 Identify the four different ways to formally amend
the Constitution
 Explain the limits of the formal amendment process
 Understand the history of the 27 amendments to the
Constitution
Has the Constitution changed?

 Been a document that
has lasted over 200 years
 Can be changed in two
ways, Formally and
Informally
Formal Amendment

 Changing the
Constitution itself
 There has been 27
formal amendments
 Four different methods
of formally amending
the Constitution
Formal Amendment Cont.

Formal Amendment Cont.

 There has been 10,000
resolutions sent to
Congress to amend the
Constitution
 33 has been sent to the
States for ratification
 27 have passed
Bill of Rights

 First ten amendments to
the Constitution
 Set up basic freedoms
and liberties for the
American public
 Were added within
three years of the
ratification of the
Constitution
27 Amendments

Objectives

 Identify the four different ways to formally amend
the Constitution
 Explain the limits of the formal amendment process
 Understand the history of the 27 amendments to the
Constitution
Informal Amendment
Objectives

 Identify how basic legislation has changed the
Constitution over time
 Explain how the executive and judicial branches can
amend the constitution
 Understand the role of party practices and custom in
shaping the Federal government
Informal Amendment

 Changes made to the
Constitution that has not
involved changes to its written
words
 How the?





Basic Legislation
Executive Action
Court Decisions
Party Practices
Custom
Basic Legislation

 The constitution is the
framework of our laws
and practices
 Congress builds on what
the constitution says
Executive Action

 Actions of the president that are not granted
specifically in the Constitution
 Declaring War
 Executive Agreement
 Pact made by the President directly with a head of
foreign state
 Treaty
 Formal agreement that must be passed through
Congress
Court Decisions

 The court system are
continually making
decisions that informally
change the constitution
 Woodrow Wilson said
about the Supreme
Court, “a constitutional
convention in continuous
session.”
Party Practices

 George Washington warned against political parties
 But they have been in existence since the early 1800s
 Nominating candidates
 Electoral College
 Has heavy influences by political parties
Custom

 Over the course of 200 years, many different customs
or traditions has shaped our government
 Cabinet
 Heads of 14 different divisions make up the
presidential cabinet
 “No third term”
 Presidential custom, broken by FDR
Objectives

 Identify how basic legislation has changed the
Constitution over time
 Explain how the executive and judicial branches can
amend the constitution
 Understand the role of party practices and custom in
shaping the Federal government
Federalism: The Division of Power
Objectives

 Explain federalism and why the Framers of the
constitution chose this system of government
 Identify the different powers of the National and
State governments
 Understand that the National Government holds
exclusive powers but also hold concurrent powers
within the states
Why Federalism?

 Governmental power
poses a threat to
individual liberty
 Exercise of
governmental power
must be restrained
 Dividing governmental
power prevents its abuse
Federalism by Definition

 Federalism divides power
between a central
government and regional
governments
 Known as Division of
Powers
 Federalism allows for local
action for local concerns
 National action on
national concerns
Powers of National Government

 The national government
has delegated powers
 Powers given to them from
the constitution
 There are three distinct
types of delegated powers
 Expressed
 Implied
 Inherent
Expressed Powers

 Constitution spells out the
powers given to the National
Government
 Sometimes called
“Enumerated Powers”
 Powers include
 Collect taxes
 Declare war
 Fix standards of weights and
measures
Implied Powers

 Implied - Powers not expressly stated in the
Constitution
 They are “Implied”
 Congress is given “Necessary and Proper power to
make laws”
Inherent Powers

 Powers possessed by a
National Government
because it is a sovereign
state in the world
community
 Examples
 Regulating immigration
 Deport aliens
 Acquire territory
Powers Denied to the National
Government

 In the Constitution it
says that the National
Government cannot take
freedoms granted in the
Bill of Rights
 Powers not written in
the Constitution
The States

 10th amendment gives states “Reserved” powers
 Powers not granted to the National Government
 States have the power to create laws or regulations
that are not already made in the National
Government
 States are denied powers that the National
Government already possess
 Making treaties, coining money etc
Concurrent and Supremacy Clause

 Concurrent powers
 Powers shared between the
State and National
Government
 Crime & punishment, taxes,
etc.
 Supremacy Clause
 US Constitution over all,
acts of Congress next
 US Supreme Court power
over states

Objectives

 Explain federalism and why the Framers of the
constitution chose this system of government
 Identify the different powers of the National and
State governments
 Understand that the National Government holds
exclusive powers but also hold concurrent powers
within the states
National Government and the 50 States
Objectives

 Identify the obligations the Constitution places on
the nation for the benefit of the states
 Explain the process for admitting new states
 Understand the many areas of cooperative
federalism
The Nations Obligations

 What does “republican form of government mean?”
 Representative government
 If a state is invaded by a foreign force, does the national
government have to do anything?
 Yes, under the constitution the National government must
protect the states
 What does it mean to respect the territorial integrity of
each state
 The national government must recognize and respect the
legal existence and physical boundaries of each state
Admitting New States

 Who has the power to admit new states to the union
 Congress
 What dose the “enabling act” do?
 Directs the people of the proposed state to draft a state
constitution
 What is an “act of admission”
 An act creating a new state
Cooperative Federalism

 Why are “grants-in-aid programs” important?
 They help provide funding so state and local
governments can operate
 What is “revenue sharing”
 Congress gave tax revenue to states and their local
governments to use how they wanted
 What are the three types of “grants-in-aid” that
congress gives to?
 Categorical grants, block grants, and project grants
Objectives

 Identify the obligations the Constitution places on
the nation for the benefit of the states
 Explain the process for admitting new states
 Understand the many areas of cooperative
federalism
Interstate Relations
Objectives

 Explain why states make interstate compacts
 Identify what extradition is and what is its purpose
Interstate Compacts

 Agreement between states
and or foreign states
 Must be allowed by
congress
 Examples
 Conserving resources
 Promote vehicle safety
Extradition

 A fugitive from justice
who leaves the state of
his crimes, must be
returned to his/her
original state
 You cannot escape
justice by leaving the
state
Privileges and Immunities

 No state can draw unreasonable distinctions
between it sown residents and those in other states
 Examples




Allow buying property in other states
Get married in other states
Hunt/fish
Go to college
Objectives

 Explain why states make interstate compacts
 Identify what extradition is and what is its purpose