A-GOV: INTRO UNIT PRIMER Gee, what is government? Every society has some form of government. Don’t mix these terms up! Government: institutions that makes rules for the distribution of rewards in a society Nation: refers to an ethnic or cultural group Country: refers to a place or region State: refers to a sovereign government, with respected borders, and without any higher authority than itself Many nations desire statehood, right? Politics: implies the competition among differing visions, plans, rules, laws, policies, and goals for a society –pure dictatorships lack politics, right? American Government and Constitution: Influences: Colonists: need for order AND limited govt. England—representative govt.; Magna Carta; Parliament; 1689 English Bill of Rights IDEAS: Greeks, Machiavelli, Hobbes, Locke, Blackstone—laws, Rousseau, Montesquieu Social contract theory: humans trade freedom for security to leave a “state of nature” 3 kinds of governmental relationships with territorial units Territorial unit=province, canton, district, state (USA) That word Federal! Federal =national, like the “Federal” govt. Federalist=one who pushed for a new Constitution Federalism: division of power between a national govt. and states “the Fed”=the Federal Reserve It hasn’t changed all that much: the debate between the Federalists and antiFederalists continue Why do we have governments? Theories: Divine Right Theory—god (or gods)creates state and those with royal birth have the sacred duty to rule Evolutionary Theory—state evolves from tribe and family Force Theory –govt. is a result of a successful claim for control of an area by a group Social Contract—people by agreement give up their rights in exchange for a government: variations: Hobbes—state of nature= war of all against all; Leviathan, “no u turn” Locke—to protect property rights; right to revolt Rousseau—state of nature = Eden; direct democracy The Six Big Principles—Ch 3.1—know these Popular sovereignty Limited government Separation of Powers Checks and Balances Judicial Review Federalism FEDERALISM: Power is divided this way in the USA Exclusive (National govt.) powers Concurrent (Shared) powers Reserved (State govt) powers Some powers are expressed, others are up for debate. Marblecake of layer cake federalism? This chart shows both separation of powers and checks and balances. How are powers understood in our system of government? Expressed or enumerated powers: those specifically listed in the Constitution Implied powers: those implicit in the Con.; these are powers that can be reasonably implied from the expressed powers Inherent powers: the basic, understood powers of any sovereign state, e.g. protect its borders National powers: aka exclusive powers of the Federal govt. Shared powers: aka concurrent; shared by both the Fed.govt. and the states State powers: aka reserved or residual powers: powers to delegated to the Federal govt. are left to the individual states Why is the 14th Amendment important? 14thAmendment: the “Second Bill of Rights” (previously, the Bill of Rights was not applied to states) 3 clauses to know : look ‘em up! Citizenship Clause Due Process Clause Equal Protection Clause Don’t forget: Incorporation doctrine: idea that the Bill of Rights is incorporated (included) into the meaning of the 14th—which means states now have to respect the Bill of Rights How do different political beliefs view the role of government? From furthest right to left: TOWARD RETROGRESSIVE CHANGE Counterrevolutionaries—use violence to return society to a pre-modern form of government Reactionaries—willing to break the law; oppose modern cultural changes; want to unwind the clock TOWARD PROGRESSIVE CHANGE Conservatives: belief in incremental, slow change; limited government Moderates Liberals: Use government actively to pursue policies of progressive change Radicals: willing to break the law to push for prog. Change; want fast, widesweeping changes Revolutionaries: use violence to push society forward to a new era of progressive change How can an amendment be added to the Constitution? Formal Process : The structure of the Constitution can change through a formal process Informal Process—The meaning of the Constitution can change through laws, executive actions and policies, court decisions, changing customs and beliefs What’s in the Bill of Rights? 1st 10 Amendments 1st: Speech, Religion, Assembly 2nd: Right to Bear Arms 3rd: No Quartering of Troops 4th: Unreasonable search and seizure 5th: addresses prosecution of crime; right to a grand jury indictment before trial; no double jeopardy; no forced self-incrimination 6th: addresses trial process: right to a speedy and public jury trial; right to face and gather witnesses 7th: civil cases: if the controversy involves more than $20.00, then accused has a right to a jury trial 8th : no cruel and unusual punishment 9th: Constitution can’t be interpreted in a way to deny other unspoken but understood rights, e.g. privacy, residence, etc. 10th: other laws not expressed or prohibited directly by the Constitution may be made by states Cool Quote: "Why declare that things shall not be done which there is no power to do?"— Alexander Hamilton, on the Bill of Rights Comparative Governments There are different kinds of governments: Oligarchy—by the few Democracy—by the many Anarchy—by no one Monarchy—by one ruler Autocracy-by an autocrat Democracies can be direct or indirect. We use the term “republic” to refer to indirect democracies. Two models of comparison Presidential Parliamentary System system Separation of No separation of powers powers—all is Parliament Often guided by a Parliamentary law written “constitutional” by Constitution, with definition; no written a Supreme Court Constitution to interpret People elect leader Majority party or coalition elects leader Term limits Often no term limits President is both Prime Minister often chief executive and splits these duties head of state with a President or even monarch History of our Constitution Colonial period—Salutary neglect 1763-1775—Parliament ends neglect; various Parliamentary acts to tax and control colonies 1775-1781: Revolutionary War 1776: Declaration of Independence 1781-1789: Articles of Confederation period— confederal form of government; too weak by the end 1789-1793: Framing and Ratification of the Constitution Federalists vs. anti-Federalists Series of compromises—Bill of Rights, 3/5ths, Great Compromise 1803: Marbury v. Madison: Judicial Review Civil War Era: 13th, 14th, and 15th Amendments 19th Amendment: Suffrage Civil Rights Act of 1964-1965 26th Amendment lower voting age to 18 Why is judicial review important? The court gave itself this power! It’s not found in the Constitution. Marbury v. Madison 1803—Landmark Case that gives the Court this power The Court can review any act of state for its constitutionality. DON’T FORGET: McCulloch v. Maryland 1819 Congress has implied powers to carry out expressed powers State actions can’t block valid Federal actions What is the outline of our Constitution? Preamble Article I: Legislative Branch Article II: Executive Branch Article III: Judicial Branch Article IV: States, Full Faith and Credit, Admission Article V: Amendments Process Article VI: Legal Status and Supremacy of Constitution Article VII: Ratification Signers Bill of Rights Amendments Clauses worth knowing *Commerce Clause-Art I-Congress can regulate commerce, implied—taxing! *Elastic Clause, aka Necessary and Proper Clause; Congress shal l pass all “necessary and proper laws” (Art I) Full Faith and Credit Clause—judicial results for civil issues (not criminal!) must be respected from one state to the next Privileges and Immunities Clause: there is no real distinction between State and national citizenship; (there are exceptions) (Art IV) Supremacy Clause: Art VI Constitution is supreme law of the land Take Care Clause: Art II—Prez. “faithfully” executes the law Commander in Chief clause: Art.II—Prez= Commander in chief of armed forces Taxing and Spending Clause—Artl I—Congress can levy taxes Bill of Rights: Due process clause—5th and 14th Amendments Equal Protection Clause—14th Amendment Establishment Clause—1st Amendment th