Unit Two – “Why THIS type of government? How did we get here?”

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Unit One –
“Why THIS type of government?
How did we get here?”
Values Addressed: Citizenship, Democracy, Equality,
Freedom of Conscience and Expression, Liberty
Bell Ringer
• Journal Entry – Write a well-developed
paragraph over the topic, “Which policies
of the government make your life better?
Which do you think make your life worse?”
Unit 1 Day 1
• Essential Question – How do various
theories explain the origin of government?
Aristotle
• Scholar in ancient
Greece
• Was one of the first
students of
government
Important Terms
•
•
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•
•
•
•
State
Sovereignty
Nation
Nation-state
Consensus
Government
Social Contract
• Use chapter 1, section 1 to define these terms!!
Essential Features of a State
• Population – most essential feature
– Affects the political organization through stability and
mobility
• Territory
– The exact location or shape of political boundaries is
often a source of conflict among states
• Sovereignty
– State has absolute authority within boundaries
• Government
– Maintains order
Purposes of Government
• To maintain social order
• To provide public services
• To provide for national security and a
common defense
• To provide for and control the economic
system
Government’s Authority
• Legitimacy
– The willingness of citizens to obey the
government
• Coercive
– Government can force people to pay taxes
and can punish offenders
Create a Graphic Organizer
• -Using page 8-9, create a graphic
organizer of the ‘Major Political Ideas’
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–
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The Force Theory
The Evolutionary Theory
The Divine Right Theory
The Social Contract Theory
Theories of the Origin of the State
• Evolutionary Theory
– Head of primitive family was the authority
• Force Theory
– Government emerged when all the people of an area
were brought under the authority of one person or
group
• Divine Right Theory
– Notion that a god or gods chose a certain person to
rule
• Social Contract Theory
– By contract, people within a given area agreed to give
up to the state as much power as was needed to
promote the safety and well-being of all
Review
1. What are five ways you can be an
effective and thoughtful citizen?
2. Who was one of the first students of
government?
3. What are the four essential features of a
state?
4. What are two purposes of having a
government?
Bell Ringer – Match the correct form of
government with the correct leader.
Answers to Bell Ringer
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Tony Blair – Unitary, Democratic, Parliamentary
Adolf Hitler – Presidential, Oligarchic
Hirohito – Oligarchic
Franklin D Roosevelt – Federal, Presidential, Democratic
Thabo Mbeki – Unitary, Democratic, Presidential
George W. Bush – Federal, Presidential, Democratic
Winston Churchill – Unitary, Democratic, Parliamentary
Queen Elizabeth II – Unitary, Democratic, Parliamentary
Bell Ringer
• Define the following terms:
(Chapter 1, sections 2 and 3)
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Unitary System
Federal System
Confederacy
Autocracy
Monarchy
Oligarchy
Democracy
Republic
Bell Ringer – Crossword Puzzle
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Absolute Monarch
Autocracy
Communism
Confederacy
Constitution
Constitutional Law
Democracy
Direct Democracy
Divine Right
Federal System
•
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Force Theory
Government
Monarchy
Oligarchy
Preamble
Political Party
Representative
Republic
Social Contract
Sovereignty
Different Types of
Governments
throughout
HISTORY
Unit 1 Day 2 - EQ - How does the
American distribution of power
compare with other forms of
government around the world?
Unitary, Confederal, Federal
• There are three basic types of distribution of
sovereignty: federal, unitary and confederal.
– Unitary - practically all political power lies with a
central government (i.e. United Kingdom)
– Confederal - sovereignty is located in
regions/provinces/states and only limited power is
granted to the central government (Articles of
Confederation)
– Federal - recognizes the division of sovereignty
between the central government and
provinces/regions/states (US Constitution)
Oligarchic and Democratic
• Oligarchic – political power rests with a
small, elite segment of society (either
because of wealth, family, or military)
• Autocratic – power and authority to rule
are in the hands of a single individual
– Totalitarian Dictatorship – single leader
glorified
– Monarchy – kings and queens
• Democratic – political power is shared by
all the people
4 types of Democratic Systems of
Government:
1. Representative - involves the selection of
government officials by a majority of votes by the
people being represented.
2. Liberal - is a representative democracy along with
the protection of minorities, the rule of law, separation
of powers, and protection of liberties: speech,
assembly, religion, and property
3. Direct - is a political system where the citizens vote
on major policy decisions. Most direct democracies to
date have been weak forms, relatively small
communities
4. Socialist - combines consensus democracy with
representative democracy.
Presidential
• Presidential – also called a congressional system, is a
system of government where an executive branch exists
and presides separately from the legislature, to which it
is not accountable and which cannot in normal
circumstances dismiss it
– Republican Presidential systems
•
•
•
•
President is the head of state and head of government
President does not have the ability to legislate directly
President has a fixed term of office
President has the power to pardon or commute sentences
– Non-Republican Presidential systems
• A dictator not popularly or legitimately elected are sometimes styled
"president".
• many parliamentary democracies have presidents, a position which
is largely ceremonial
Parliamentary
• Parliamentary - is distinguished by the
executive branch of government being
dependent on the direct or indirect support of the
parliament
– There is no clear-cut separation between the
executive and legislative branches
– Has a clear differentiation between the head of state
(president) and the head of government (prime
minister)
– Two types of Parliamentary systems
• Westminster System (i.e. United Kingdom)
• Western European Parliamentary Model (i.e. Spain,
Germany)
3-2-1
• 3 – Ways Oligarchic and Democratic forms
of government differ!
• 2 – Ways Presidential and Parliamentary
are similar!
• 1 – The type of government that the
United States has TODAY!
Bell Ringer
Journal Entry - Students will write a welldeveloped paragraph over the topic, “If
you were put in charge of a country,
how would your government look and
run? Why did you make the decision
that you made? Is it beneficial for all
citizens of your country or just those in
charge? How would your government
compare to that of the United State’s
government?”
Flip Chart
Thomas
Hobbes
Magna
Carta
John
Locke
Petition
of Rights
Montesquieu
English
Bill of
Rights
Unit 1 Day 3 – English
Documents and Philosophers
EQ – How was America’s
government influenced by English
documents and philosophers?
SSCG1
An English Political Heritage
• The English colonists advanced two basic
political principles:
– limited government—the concept that a
monarch’s power is limited, not absolute
– representative government—
a government in which people elect
delegates to make laws and conduct
government
An English Political Heritage (cont.)
• The Magna Carta came to represent the idea
of limited government to protect from:
– unjust punishment and the loss of life, and
– levying of taxes without popular consent.
• The Petition of Right limited the power of
Charles I by preventing him from collecting
tax without Parliament’s consent.
An English Political Heritage (cont.)
• The English Bill of Rights advanced several
principles including:
– Monarchs do not have absolute authority.
– The monarch must have Parliament’s
consent to suspend laws, levy taxes, and
maintain an army.
– The monarch cannot interfere with
parliamentary elections.
The English Bill of Rights was established to
B
A
A. A
B. B
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C
A. limit the power of the
monarch.
B. strengthen the
monarchy’s absolute
power.
C. permanently
dismantle the
monarchy.
Thomas Hobbes
THE SOCIAL CONTRACT
• All power is transferred from
subjects to Hobbes sovereign
authority the Leviathan.
• Government is set up by a
covenant that transfers all
power and authority to the
sovereign.
Thomas Hobbes
Social Contract Theory
Thomas Hobbes
promoted the idea of a
social contract in which
people surrendered
their freedom to the
state, but in return they
received order and
security.
John Locke
• In Locke’s Two Treatises of Government´ (1689), he
starts out with the concept of the state of nature.
• Before government, people in their natural state
were free and equal, because God did not give
anyone superiority over anyone else.
• People are free in not being subject to another.
• People are not born into submission, except unto
God.
John Locke – Second Treatise on Government
– John Locke believed that in a state of
nature, men and women had certain natural
rights including the rights to:
• life,
• liberty, and
• property.
– Locke’s social contract was made between
the people and a government that promised
to preserve these natural rights.
Charles Montesquieu – The Spirit of Laws
- Montesquieu argued that the best government would
be one in which power was balanced among three
groups of officials.
- He thought England – which divided power between
the executive (i.e. the king – who enforced laws),
legislative (i.e. Parliament – which made laws), and
the judicial (i.e. judges of the English courts – who
interpret laws) was a good model of this.
Separation of Powers
Charles Montesquieu – The Spirit of Laws
- Montesquieu called the idea of
dividing government power into
three branches the “separation
of powers.”
- According to Montesquieu,
each branch of government
could check the power of the
other two branches called
“checks and balances”.
According to Thomas Hobbes’ social
contract theory, what did the people receive
in exchange for surrendering their freedom
to the state?
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A.
B.
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D.
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A. liberty
B. security
C. money
D. property
Post-its
1. What were Montesquieu’s two major principles
that the United States used in the U.S.
Constitution?
2. What type of government did Hobbes believe
was best for the people?
3. What were the natural rights that John Locke
believed that all humans were born with?
Bell Ringer
1. Look over the “My Country’s
Government” paper that is located on the
projector box.
2. Choose a partner that you want to work
with on this project and start discussing
which country you would like to research
for this assignment.
Bell Ringer – Journal Entry
• How does the country’s government that
you researched in the computer lab for
your project, compare and contrast to that
of the United States?
STUDY FOR 10
MINUTES QUIETLY
FOR YOUR QUIZ!!
Bell Ringer (After Quiz)
• Vocabulary Activity – Chapter 2
– You will need your textbook off of the shelf,
grab your numbered book!
Unit 1 DAY 4
ESSENTIAL QUESTIONS:
1. How did American independence come
about, and what were its effects?
British Colonial Policies
• Until the mid-1700s, the colonies were
allowed a great deal of freedom in their
governments by the English monarchy.
• In 1760, King George III imposed new taxes
and laws on the colonists.
• The colonists started a confederation,
proposed an annual congress, and began to
rebel.
Growing Colonial Unity
Early Attempts
• In 1643, several New England
settlements formed the New
England Confederation.
• A confederation is a joining of
several groups for a common
purpose.
The Albany Plan
• In 1754, Benjamin Franklin
proposed the Albany Plan of
Union, in which an annual
congress of delegates
(representatives) from each of
the 13 colonies would be
formed.
The Stamp Act Congress
In 1765, a group of colonies sent delegates to the Stamp Act Congress in
New York.
These delegates prepared the Declaration of Rights and Grievances
against British policies and sent it to the king.
The Continental Congresses
First Continental
Congress
• The colonists sent a
Declaration of Rights to
King George III.
• The delegates urged
each of the colonies to
refuse all trade with
England until British tax
and trade regulations
were repealed, or
recalled.
Second Continental
Congress
In 1775, each of the 13
colonies sent
representatives to this
gathering in Philadelphia.
The Second Continental
Congress served as the
first government of the
United States from 1776
to 1781.
Common Features of U.S. and State Constitutions
Common Features of State Constitutions
Popular Sovereignty
The principle of popular sovereignty was the basis for every
new State constitution. That principle says that government
can exist and function only with the consent of the governed.
The people hold power and the people are sovereign.
Limited Government
The concept of limited government was a major feature of
each State constitution. The powers delegated to
government were granted reluctantly and hedged with many
restrictions.
Civil Rights and Liberties
Separation of Powers and
Checks and Balances
In every State it was made clear that the sovereign people
held certain rights that the government must respect at all
times. Seven of the new constitutions contained a bill of
rights, setting out the “unalienable rights” held by the people.
The powers granted to the new State governments were
purposely divided among three branches: executive,
legislative, and judicial. Each branch was given powers with
which to check (restrain the actions of) the other branches of
the government.
American Independence
• On July 4, 1776, the Second
Continental Congress adopted the
Declaration of Independence.
• Between 1776 and 1777, most of
the States adopted constitutions
instead of charters.
Quick Assessment
1. The Declaration of Independence was
signed in
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(a) 1765.
(b) 1776.
(c) 1781.
(d) 1787.
2. The Stamp Act of 1765 was a law
enacted by the British that
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–
–
–
(a) increased the colonists’ taxes.
(b) was repealed by the Magna Carta.
(c) the colonists ratified one year later.
(d) raised the price of postage stamps by two cents.
Bell Ringer
• Grab “In the Course of
Human Events…” off
of the top of the
projector box.
• Read and complete
questions 1-10.
• You MAY write on this
paper!!
Unit 1 Day 5
EQ – How does the theories in the
Social Contract compare to that of
the Declaration of Independence?
SSCG2a
Discussion on Declaration of
Independence
- Declaration of Independence
- Continental Congress (1776)
- Representatives from 13 colonies met in Philadelphia
- Thomas Jefferson wrote majority of the Declaration of
Independence
- Approved on July 4, 1776
- Explain the reasons the 13 colonies decided to separate
from Great Britain and to form an independent country.
- The colonists believed that the power of the government
comes from the consent of the governed.
- Natural Rights to ALL individuals: Life, Liberty and Pursuit
of Happiness!!
- ALL men are created EQUAL!!
Independence Hall –
Then and Now
Declaration of Independence
Social Contract Theory
 People give up some personal freedoms for safety,
created the state.
 State arose out of a voluntary act by free people.
 It holds that the state exists only to serve the will of the
people.
 People are the sole source of political power, and that
they are free to give or to withhold that power as they
choose.
 State exists to serve the people and was created by
them.
Social Contract Theory – Rousseau, Locke, Hobbes
1. Popular Sovereignty - consent of the
governed
- it is because people have
agreed to be ruled, that
governments are entitled to rule
- the government is charged with
implementing and enforcing the
general will of the people
2. Limited Government
3. Natural rights are universal rights that
are seen as inherent in the nature of
people and not contingent on human
actions or beliefs (including life, liberty,
and pursuit of property)
Using your notes and pages 8 and 38 to compare and contrast the
Declaration of Independence and the Social Contract Theory.
Declaration of
Independence
Social Contract
Don’t forget WHO, WHAT, WHEN , WHERE, and WHY
IMPORTANT when comparing and contrasting.
Thomas Jefferson borrowed heavily from the theories of John
Locke in writing the Declaration on Independence. One of the
concepts is that legitimate government must respect the
inalienable rights if its citizens. Among these rights, Locke
includined "life, liberty, and property". Jefferson adjusted this
in the Declaration to "life, liberty, and the pursuit of happiness."
Both Locke and Rousseau's ideas had an impact on the
Constitution as well. Rousseau had a strong believe in the
sovereignty of the people, i.e. that the people had to have
ultimate control over their government. Rousseau's ideas went
much farther than the Constitution's, since he supported direct
democracy rather than representative democracy through a
republic. Yet the notion that "We the people" could create a
Constitution was something from Rousseau. Also, the
Constitutional Amendment process being ratified by public
convention (Article V) expresses this sentiment.
CDA Unit 1a
• Study Guide
Journal Entry
Assume that you are an individual living in
the colonies in 1776 who has just read the
Declaration of Independence.
- How well did the Declaration of
Independence persuade you to support
the cause for independence?
Unit 1 Day 6
EQ - What ideals were
in conflict in regards to
the ratification of the
Constitution?
Articles of Confederation
• Written during the early parts of the American
Revolution
• Because of their experience with Great Britain,
the 13 states feared a powerful central
government
• America’s first form of government
• The A of C were in force from 1781 to 1789
• The A of C created a loose confederation of
sovereign states and a weak central
government, leaving most of the power with the
state governments.
The Articles of Confederation
The Articles of Confederation established “a firm
league of friendship” among the States.
Powers
Congress could: declare war, deal with national finance
issues, and settle disputes among the States.
– Congress had no power to enforce decisions
– Unanimous approval before any modifications
could be made to the articles
– Congress was denied the power of taxation….it
could only REQUEST money from the states
– inability to regulate trade and levy taxes.
– Congress could not force the states to adhere to
the terms of the Treaty
– NO executive branch to enforce laws
– NO judicial branch to interpret laws/punish
lawbreakers
• An armed uprising in Western Massachusetts from 1786
to 1787.
• led by Daniel Shays
• were mostly small farmers angered by crushing debt and
taxes.
• The war's debt ultimately trickled down to individuals, in
large part to small farmers.
• State’s government decided to increase taxes instead of
issue paper money
– Poor farmers found it impossible to pay their taxes and
their mortgages….many lost their property and some
faced imprisonment
A Call for a Stronger Government
• Representatives from Maryland and Virginia
met at Mount Vernon, Virginia, in 1785 to
discuss trade issues.
• The meeting was so successful that the
Virginia General Assembly requested a
meeting of all thirteen States, which
eventually became the Constitutional
Convention in Philadelphia.
• Nationalist….people who supported a
stronger national government
• 55 delegates from the 13 states meet in
Philadelphia
• LARGE states (Virginia Plan) v. SMALL
states (New Jersey Plan)
• Great Compromise (aka: Connecticut
Compromise)
• 3/5 Compromise
Great Compromise
- aka Connecticut Compromise
- Roger Sherman
- Bicameral Legislature ( 1 – House
of Representatives: population; 2 –
Senate: equal)
- gave equal
representation
in one house
- scraped A of C
- bicameral leg.
- William Patterson
- did NOT do away
with A of C
- dealt with
the legislative
branch
- Unicameral
Legislature based on
equal representation
- Raise taxes and
regulate trade
- benefited SMALL
states
New
Jersey Plan
- Edmund Randolph
- 3 branches of gov’t
- did away with A of C
- Bicameral Legislature
- both sides
demanded
changes
- Legislature based on
population
- benefited large states
Virginia
Plan
• For every 5 slaved people would equal 3 free
when determining representation and
taxation
=
• South wanted to count slave population for
more representation in Congress….
Northerners objected, stating that slaves
could not vote
Quick Assessment
1. The government set up by the Articles
of Confederation had
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–
(a) the power to make treaties and build a navy.
(b) a bicameral congress.
(c) separation of powers.
(d) a President to carry out its laws.
2. Which of the following was a weakness
of the Articles of Confederation?
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–
–
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(a) Congress could not make treaties.
(b) Congress could not borrow money.
(c) The States did not agree to obey the Articles.
(d) Congress could not lay or collect taxes or duties.
Quick Assessment
1. A government is
– (a) the institution through which a society makes and enforces its public
policies.
– (b) a collection of people.
– (c) always democratic.
– (d) the organization representing farms and industries.
2. A state has the following four
characteristics:
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(a) population, territory, sovereignty, and government.
(b) sovereignty, a perfect union, welfare, and territory.
(c) people, places, force, and divine right.
(d) justice, defense, liberty, and domestic tranquility.
Quick Assessment
1. In a democracy,
– (a) independent states form an alliance.
– (b) supreme political authority rests with the people.
– (c) those who rule cannot be held responsible to the will of the people.
– (d) the rule by a few, select individuals regulates the will of the people.
2. The United States government has the
following characteristics:
–
–
–
–
(a) confederate, parliamentary, and dictatorship.
(b) unitary, presidential, and democracy.
(c) federal, presidential, and democracy.
(d) unitary, parliamentary, and dictatorship.
Assignment – Chapter 3
• Previewing Vocabulary - Define the following
terms: Preamble, articles, rule of law,
separation of powers, checks and balances,
judicial review, unconstitutional, federalism,
amendment, Bill of Rights
• What is the purpose of the Preamble to the
Constitution?
• List two examples of how checks and
balances work in the Federal Government.
• What are the different roles of the executive,
legislative, and judicial branches?
U.S. CONSTITUTION
Unit 1 Day 7
EQ - How effective is the
Constitution at distributing
power in terms of checks
and balances and
separation of powers?
How does the idea of rule of
law manifest itself in the
Constitution?
REVIEW….FLAWS OF THE ARTICLES OF CONFEDERATION
• 1 vote each state REGARDLESS of size
• Congress can’t tax…only can BEG for
money
• Congress can’t regulate trade
• No EXECUTIVE Branch
• No JUDICIAL Branch
• States had own Constitution and could not
agree on national policies
• States made their own money
CONSTITUTIONAL CONVENTION 1787
•
•
•
•
•
•
New Jersey Plan
Virginia Plan
Great Compromise
3/5 Compromise
Secret Meeting
President of the
Constitutional
Convention: George Washington
THE UNITED STATES CONSTITUTION
• Written in 1787
• The "supreme law of the land"
– No law may be passed that contradicts its
principles.
– No person or government is exempt from
following it.
• The world's oldest written Constitution.
• Describes the structure of the government
and the rights of the American people
PRINCIPLES OF THE U.S. CONSTITUTION
•
•
•
•
•
•
•
•
•
•
•
Popular Sovereignty
Limited government
Federalism
Separation of Powers
Legislative Branch
Executive Branch
Judicial Branch
Checks and Balances
Legislative Checks
Executive Checks
Judicial Checks
POPULAR SOVEREIGNTY
• The people hold ultimate power
• A representative democracy allows the
people to elect representatives to make
decisions for them
• Evident in the Preamble…We the
People
LIMITED GOVERNMENT
• Framers wanted to guard against tyranny
• Government is limited to the power given
to them in the Constitution
• Constitution tells how leaders who
overstep their powers can be removed
FEDERALISM
• The division of power between States and
National governments
• The National government has the
“supreme power”
• Some powers are shared….Concurrent
• States have powers…Reserved
• National government has
powers…Delegated
Federalism
Reserved –
powers
reserved to
the states
Delegated –
powers given to
the central
government
Concurrent –
powers shared
between the
central
government and
the state
governments
SEPARATION OF POWERS
•
•
•
•
No one holds “too much” power
Legislative branch makes the laws
Executive branch carries out the laws
Judicial branch interprets the laws
CHECKS AND BALANCES
• Prevents the abuse of power in
government
• Each branch can check each other branch
• Each branch is controlled by the other two
in several ways.
JUDICIAL REVIEW
• It is the power of a court to determine the
constitutionality of a governmental action.
• Is the power to declare unconstitutional (to
declare illegal, null and void) a
governmental action found to violate some
provision of the U.S. Constitution
• Was established in the Supreme Court’s
case of Marbury v. Madison in 1803.
• Strengthened the power of the judicial
branch
Skills Reinforcement
I.
Structure
A. The Preamble - ______________________________
B. Seven Articles - ______________________________
C. Amendments - _______________________________
II. Major Principles
A. Popular Sovereignty - _________________________
B. Federalism - ________________________________
C. Separation of Powers - ________________________
D. Checks and Balances - ________________________
E. Judicial Review - _____________________________
F. Limited Government - _________________________
Post-Its
1. This is the Introduction to the U.S. Constitution…
2. This is one of the seven main divisions of the body of
the U.S. Constitution…
3. This is a change to the Constitution…
4. This means ruled by the people…
5. This is when power is divided between the national
and state governments…
6. Legislative, Executive, and Judicial Branches…
7. This is when each branch exercises control over
another…
8. This is a power of the Judicial Branch…
Bell Ringer
• Pick up the worksheet off of the projector
box and a textbook off the floor.
• Go to pages 8-10 in the text.
• Complete the front side of the paper by
writing the meaning of the goals of the
U.S. Constitution.
Unit 1 Day 9
EQ – What were the main ideas
in debate over the ratification of
the US Constitution?
• The Anti-Federalists did not want to ratify the
Constitution.
–
–
–
–
–
–
Patrick Henry
Farmers and Laborers
Feared a strong national government
Criticized because it was written in secrecy
Argued it took important powers from the states
There was NO Bill of Rights.
• The Federalists, on the other hand, had answers to all
of the Anti-Federalist complaints.
– Led by many of the Founding Fathers
– Argued without a strong national government, anarchy or
political disorder would triumph
– Strong national government could protect the country from
enemies and solve the country’s internal problems
– Bill of Rights was NOT needed because it was in the state’s
constitutions
– They promised a Bill of Rights as the first order of business
under the Constitution
– Wrote the Federalist Papers
Preamble
• Introduction to the Constitution
• Lists the 6 goals of the Constitution
• States why the Constitution was written
PREAMBLE TO THE U.S. CONSTITUTION
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 blessing of liberty to ourselves
and posterity, do ordain and establish this
Constitution for the United States of America.
Articles
• There are 7 Articles
• Each article covers a general topic.
– Article I – Legislative Branch
– Article II – Executive Branch
– Article III – Judicial Branch
– Article IV – Relations of the States
– Article V – Amendment Process
– Article VI – Supremacy Clause
– Article VII – Ratification and Declaration
Amendments
• Changes to the Constitution
• There are 27 Amendments
• The first 10 are called the Bill of Rights
Review of Principles
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•
•
•
•
•
•
Popular Sovereignty
Federalism
Separation of Powers
Checks and Balances
Judicial Review
Limited Government
Rule of Law
Word Bank for CWP
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Federalist
Anti-Federalist
U.S. Constitution
Preamble
Articles
Popular Sovereignty
Limited Government
Rule of law
Separation of powers
checks and balances
• judicial review
• federalism
• Articles of
Confederation
• Virginia Plan
• New Jersey Plan
• Great Compromise
• Three Fifths
Compromise
• Delegate
• Amendment
Unit 1 Day 10
EQ - How did John Marshall
establish the judicial branch
as a co-equal branch with the
Marbury v. Madison case?
SSCG16b.
Adams appoints new judges…
• John Adams signs
appointments on his last
night in office.
• Thomas Jefferson is to take
over as President.
• “midnight judges”- what
these new judges were
referred to as.
• William Marbury was one of
these “midnight judges.”
When does Madison come into play?
• James Madison, TJs new
Secretary of State, was
supposed to officially present
Marbury with his new position…
• But he didn’t!
• So… Marbury sued and
appealed to the Supreme Court
to get Madison to award him the
position…
The Verdict.
• Supreme Court (John Marshall was
chief jutice) refuses to grant Marbury his
position!!
• Why?
– A section of the Judiciary Act of 1789
(which set up the federal court system in
the first place) was unconstitutional and
void.
Video Clip – Marbury v. Madison
Lasting Impact…
• This is the first time the Supreme Court
overturns an act of Congress.
• Checks & balances in action!!!!!!
• Judicial Review is established!!!!
Power of Judicial Review
• Established by Chief Justice John Marshall
• Supreme Court has the power to determine
whether a law passed or a presidential
action is constitutional or not
• If law or action is declared unconstitutional,
it is no longer in force
• Makes the Supreme Court the final
authority on the meaning of the Constitution
Video Clip – Judicial Review
Unit 1 Day 11
EQ – How does the Bill of
Rights protect our civil rights
and civil liberties?
SSCG6a.
1st Amendment
• The 1st Amendment guarantees freedom of
religion, speech, the press, assembly, and petition.
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This means that we all have the right to:
practice any religion we want to
to speak freely
to assemble (meet)
to address the government (petition)
to publish newspapers, TV, radio, Internet (press)
2nd Amendment
• The 2nd
Amendment
protects the right
to bear arms, which
means the right to
own a gun.
3rd Amendment
• The 3rd Amendment says “No soldier
shall, in time of peace be quartered in any
house, without the consent of the owner,
nor in time of war, but in a manner to be
prescribed by law.”
• This means that we cannot be forced to
house or quarter soldiers.
4th Amendment
• The 4th Amendment protects the people from
unreasonable searches and seizures.
• This means that the police must have a
warrant to enter our homes. It also means
the government cannot take our property,
papers, or us, without a valid warrant based
on probable cause (good reason).
5th Amendment
• The 5th Amendment protects people from
being held for committing a crime unless they
are properly indicted, (accused)
• You may not be tried twice for the same
crime (double jeopardy)
• You don’t have to testify against yourself in
court. (Self-incrimination)
6th Amendment
• The 6th Amendment
guarantees a speedy trial
(you can’t be kept in jail for
over a year without a trial)
• an impartial jury (doesn’t
already think you are guilty)
• that the accused can
confront witnesses against
them
• the accused must be allowed
to have a lawyer
7th Amendment
• The 7th Amendment guarantees the right
to a speedy civil trial.
• A civil trial differs from a criminal trial. A
civil trial is when someone sues someone
else. A criminal trial is when the state tries
to convict someone of a crime.
8th Amendment
• The 8th Amendment
guarantees that
punishments will be
fair and not cruel,
and that
extraordinarily large
fines will not be set.
9th Amendment
• All rights not stated in the Constitution and
not forbidden by the Constitution belong to
the people.
• This means that the states can do what they
want if the Constitution does not forbid it.
10th Amendment
• The 10th Amendment states that any
power not granted to the federal
government belongs to the states or to
the people.
Bell Ringer
• Pick up the The Guarantees of the First
Amendment reading from the projector
box.
• Answer the two questions on the sheet
from the reading.
• Get out notes and be ready to write down
your EQ!
Unit 1 Day 12
EQ – Why is it so important that
st
the 1 Amendment is included in
the US Constitution?
SSCG6a.
Civil Rights v. Civil Liberties
• Civil Rights – has traditionally revolved around
the basic right to be free from unequal treatment
based on certain protected characteristics (race,
gender, disability, etc.) in settings such as
employment and housing.
• Civil Liberties – concern basic rights and
freedoms that are guaranteed -- either explicitly
identified in the Bill of Rights and the
Constitution, or interpreted through the years by
courts and lawmakers.
Civil Rights v. Civil Liberties (cont.)
• One way to consider the difference between
"civil rights" and "civil liberties" is to look at
– 1) what right is affected?
– 2) whose right is affected?
• For example, as an employee, you do not have the legal right
to a promotion, mainly because getting a promotion is not a
guaranteed "civil liberty." But, as a female employee you do
have the legal right to be free from discrimination in being
considered for that promotion -- you cannot legally be denied
the promotion based on your gender (or race, or disability,
etc.). By choosing not to promote a female worker solely
because of the employee's gender, the employer has
committed a civil rights violation and has engaged in unlawful
employment discrimination based on sex or gender.
1st Amendment
• Five Freedoms Guaranteed to ALL
Americans:
– Religion
– Speech
– Press
– Assembly
– Petition
1st Amendment - Religion
• Freedom to practice any religion, or to
practice no religion at all.
• Congress cannot establish an official
national religion, or favor one religion over
another.
• Separation of church and state – the
division between religion and government.
1st Amendment - Speech
• The right to express ideas and opinions through speech
and the right to listen to ideas and opinions of others.
• We are guaranteed a freedom to speak freely to friends
and neighbors or to deliver a speech in public to a group
of people.
• We have the right to express opinions about the
government and to criticize the actions of governmental
officials.
• People DO NOT have the right to tell lies or to spread
false rumors about others – slander.
• People DO NOT have the right of free speech that may
cause physical harm to others. (Screaming “FIRE” in a
crowded theater.)
1st Amendment - Press
• The freedom to express ideas in writing.
• Gives ALL Americans the right to express their
thoughts freely in writing, provided they DO NOT
state falsehoods that damage a person’s
reputation – libel.
• The courts have decided that freedom of the
press applies to electronic media as well as to
written works such as books. Thus, television
and radio broadcasts are protected.
1st Amendment - Assembly
• The freedom to hold meetings.
• Americans are free to meet to discuss
problems and plan actions.
• People can gather to express their view
about government decisions.
• Meetings must be PEACEFUL!!
1st Amendment - Petition
• The right to ask the government to do
something or to stop doing something.
• A petition is a formal request.
• The right to petition helps the government
officials learn what citizens want done.
Activity
• Create an illustrated graphic organizer,
illustrating the 5 freedoms in the 1st
Amendment.
Word Bank
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Hobbes
Locke
Montesquieu
Magna Carta
Petition of Rights
English Bill of Rights
Social Contract
Oligarchy
Autocracy
Democracy
Federal
Confederal
Unitary
Presidential
Parliamentary
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Declaration of Independence
Articles of Confederation
US Constitution
• Executive
Preamble
• Legislative
Articles
• Judicial
Amendments
• Virginia Plan
Bill of Rights
• New Jersey Plan
Federalism
• Great Compromise
Popular Sovereignty • Representative Democracy
Separation of Powers • Constitutions
Checks and Balances
Rule of Law
• bicameral
Limited Government
Federalists
Anti-Federalists
Bell Ringer
Word Search is located on
PROJECTOR BOX!!
Unit 1 Review
• Four Theories of the Origin of Government
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Evolutionary – head of family is in charge
Force – one person or group took control of area by force
Divine Right – power to rule came from god
Social Contract – theory that by contract, the people surrender to
the state the power needed to maintain order and the state, in
turn, agrees to protect the people; contains natural rights and
consent of governed
• Four Characteristics of a State
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Population - people
Territory - land
Sovereignty – supreme and absolute power of a state
Government – political organization of a state
Unit 1 Review
• Three Philosophers
– Hobbes – this man is known for his contribution to
the Social Contract, he believed that people were
born evil
– Locke - this man is known for his contribution to the
Social Contract, he believed that people were born
good; natural rights
– Montesquieu – This man believed in separation of
powers and the analysis of checks and balances
Unit 1 Review
• Three English Documents
– Magna Carta – 1215, this document won rights for
the people of England, it guaranteed that free
people could not be arrested, put in prison, or
forced to leave a nation unless given a trial of their
peers
– Petition of Rights – 1627, limited the power of the
king
– English Bill of Rights – 1689, stated that
Englishmen, as embodied by Parliament,
possessed certain civil and political rights; this is
where the U.S. got there Bill of Rights from
Unit 1 Review
• Types of Government
– Unitary – all key powers lies with one central gov’t
– Confederal – a loose association of states, gives some
control to the central gov’t
– Federal – gov’t divides the power between the national and
state gov’ts
– Autocracy – one person is in control, people have little
power, if any
– Oligarchy – few or small group is in control
– Democracy – the people are in control
– Presidential – executive and legislative is separate,
president is head of executive branch
– Parliamentary – executive and legislative is together,
executive leader is chosen by legislature
Unit 1 Review
• Declaration of Independence
– Thomas Jefferson, 1776
– Major Points? Natural Rights, Limited Gov’t, and
Popular Soveriegnty
– Significance – declared independence from G.B.,
list criticism against the King and Parliament
• Natural Rights
– John Locke – Life, Liberty, and Pursuit of Property
– Thomas Jefferson – Life, Liberty, and Pursuit of
Happiness
Unit 1 Review
• Constitutional Convention
– New Jersey Plan – Unicameral Legislature based
on equal representation
– Virginia Plan – Bicameral Legislature based on
population; wanted 3 branches of Gov’t
– Great Compromise – (AKA Conn. Compromise) –
Bicameral Legislature – Upper House was based
on population, Lower House was equal
representation
– Federalists – supported ratification of Constitution
– Anti-Federalists – opposed the ratification of
Constitution, wanted a Bill of Rights added
Unit 1 Review
• Three Branches of Government
– Legislative Branch – Makes Laws
– Executive Branch – Enforces or Carries Out
Laws
– Judicial Branch – Interprets Laws and
Punishes Lawbreakers
Unit 1 Review
• Structure of Constitution
– Preamble – Introduction to Constitution, list the 6
goals of the Constitution
– Articles – explains the structure of the government
and how it is to be ruled
– Amendments – change to the Constitution; 1-10 are
called the Bill of Rights
Unit 1 Review
• Six Principles of the U.S. Constitution
– Federalism – divided the power of the government
between the national and state governments
– Checks and Balances – allows one branch to check
the other, keeps the branches balanced and equal
– Limited Government – limits the power of the
government
– Separation of Powers – the 3 branches of gov’t
– Popular Sovereignty – power belongs to the people;
seen in the Preamble as “We the People…”
– Rule of Law – no one is above the law, not even
gov’t officials
Unit 1 Review
• Marbury v. Madison
– Judicial Review – power of the Supreme
Court to declare an action unconstitutional;
this elevated the power of the judicial branch
• Supremacy Clause – the U.S. Constitution
is the supreme law of the land
Journal Entry
• What can you do to improve your grade in
my class? Are you happy with the grade
that you have? Do you think you deserve
that grade or what grade do you think you
have earned??
Bell Ringer
Study QUIETLY for
10 minutes, for
your test today!!
Word Bank for Crossword Puzzle
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Cancer
Capricorn
Continents
Dateline
Degrees
Directions
Distance
Equator
Globe
Greenwich
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Hemispheres
Key
Lake
Latitude
Legend
Location
Longitude
Map
Meridian
North
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Parallel
Plain
Political
River
Scale
Symbol
Topographic
West
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