Unit 1: Foundations of American Government Chapter 1: Principles of Government Chapter 2: Origins of American Government By: Courtney Michaels What is Government? • Government- the intuition through which a society makes and enforces its public policies • Public Policies- all of the many goals that a government pursues in all of the many areas of human affairs in which it is involved – Ex: Taxation, defense, education, crime, health care, transportation, environment, civil rights and working conditions Types of Power • Legislative Power- the power to make law and to frame public policies • Executive Power- the power to execute, enforce, and administer the law • Judicial Power- the power to interpret laws, to determine their meaning and to settle disputes that arise within the society The State • The State- is a body of people living in a defined territory, organized politically with a government, and has the power to make and enforce law without the consent of any higher authority Characteristics of a State • Population- the people who make up a state may or may not be members of a group who share customs, a common language, and an ethnic background • Territory- land in which the people can live that has known and recognized boundaries Characteristics of a State (cont.) • Sovereignty- has supreme and absolute power within its own territory and can decide its own foreign and domestic policies. Its neither subordinate nor responsible to any other authority – Ex: The US can determine its form of government, frame its economic system and shape its own foreign policies Major Political Ideas • The Force Theory- one person or a small group of people claimed control over an area and forced all within it to submit to that persons of groups rule – They believe that the state was born free • The Evolutionary Theory- claims that the state developed naturally out of the early family Major Political Ideas (cont.) • The Divine Right Theory- God created the state and that God had given a “divine right” to rule • The Social Contract Theory- the state exists only to serve the will of the people and that they are the sole source of political power and that they are free to give or to withhold that power as they choose Purpose of Government • • • • • • Form a more Perfect Union Establish Justice Insure Domestic Tranquility Provide for the Common Defense Promote the General Welfare Secure the Blessing of Liberty Classifying Government • Who can participate in the governing process • The geographic distribution of governmental power within the state • The relationship between the legislative (lawmaking) and the executive (lawexecuting) branches of the government Democracy • Supreme political authority rests with the people • The people hold the sovereign power and government is conducted only by and with the consent of the people • There are two types of democracy – A direct democracy or pure democracy exists where the will of the people is translated into public policy directly by the people themselves in mass meetings – A representative democracy is a small group or people chosen by the people to act as their representatives and express the popular will of the people Dictatorship • Dictatorship exists where those who rule cannot be held responsible to the will of the people. The government is not accountable for its policies nor for how they are carried out. – Autocracy- a government in which a single person hold unlimited political power – Oligarchy- a government in which the power to rule is held by a small usually self appointed elite Dictatorship (cont.) – All dictatorships are authoritarian which means those in power hold absolute and unchallengeable authority over the people – Modern dictatorships are totalitarian and they exercise complete power over nearly every aspect of human affairs • Ex: China has complete control over the internet Unitary Government (centralized government) • All powers held by the government belong to a single, central agency • The central government creates local units of government for its own convenience • The local governments have only those powers that the central government chooses to give them Federal Government • Federal Government- one in which the powers of government are divided between a central government and several local governments – An authority superior to both the central and local governments makes this “division of powers” on a geographic basis • The division cannot be changed by either the local or national level acting alone Confederate Government • Confederation- an alliance of independent states • The powers of the Confederate Government have been limited to the fields of defense and trade • A confederate structure makes it possible for several states to cooperate in matters of common concern, and at the same time, retain their separate identities Presidential Government • The executive and legislative branches of government are separate, independent of one another and co-equal • The chief executive (president) is chosen independently of the legislature, and holds office for a fixed term and has broad powers not subject to the direct control of the legislative branch Parliamentary Government • The executive is made up of the prime minister or premier and that officials cabinet • The prime minister and cabinet themselves are members of the legislative branch, the parliament • The prime minister and the cabinet remain in office only as long as their policies and administration have the support of a majority in parliament Foundations of Democracy • A recognition of the fundamental worth and dignity of every person • A respect for the equality of all persons • A faith in the majority rule and an insistence upon minority rights • An acceptance of the necessity of compromise • An insistence upon the widest possible degree of individual freedom Worth of the Individual • Democracy is firmly based upon a belief in the fundamental importance of the individual • Each individual, no matter what his or her station in life, is a separate and distinct being • When a democratic society forces people to pay a tax or obey traffic signals, it is serving the interests of many Equality of All Persons • All are entitled to equality and opportunity • All are entitled to equality before the law • The Democratic concept of equality holds that no person should be held back for any such arbitrary reason – Ex: race, religion, and gender • The concept holds that each person must be free to develop themselves as fully as they can and that each person should be treated as the ewual of all other persons by law Majority Rule, Minority Rights • In a democracy the will of the people and not the dictate of the ruling few determines public policy • The democratic process searches for “satisfactory” solutions to public problems Necessity of Compromise • In a democracy, public decision making must be largely a matter of give and take • It is a matter of compromise in order to find the position most acceptable to the largest number Individual Freedom • Democracy insists that each individual must be as free to do as he or she pleases as far as the freedom of all will allow Free Enterprise System • It is an economic system characterized by the private ownership of capital goods, investments made by private decision, not by government directive, and success or failure determined by competition in the marketplace • This system is based on four factors: private ownership, individual initiative, profit and competition How the System Works • The free enterprise system does not rely on the government to decide what items are to be produced, how much of any particular item should be produced or how much any item is to sell for. • These decisions are made by the market through the law of supply and demand – When supplies of goods and services become plentiful, prices tend to drop. – When supplies become scarcer, prices tend to rise Government and the Free Enterprise System • Mixed Economy is when private enterprises exists in combination with a considerable amount of government regulation and promotion – The government does this to protect the public and to preserve private enterprise • Government’s participations in the economy is seen at every level: national, State and local – Ex: antitrust laws, pure food and drug laws, antipollution standards, and city and county zoning ordinances and building codes Democracy and the Internet • Democracy demands that the people be widely informed about the government Therefore, internet users can check out the Web sites of political candidates, discover what’s happening in Congress, and read the most recent Supreme Court decisions Chapter 2 Origins of American Government Ordered Government • The 1st english colonists saw the need for an orderly regulation of their relationships with one another, that is government • They created local government based on those they had known in England • Many of the offices and units of government they established are still with us today – Ex: The offices of the sheriff, coroner, assessor and justice of the peace, the grand jury, counties and townships Limited Government • The colonists also brought the idea that government is not all powerful • In limited government, government is restricted in what is may do and each individual has certain rights that the government can’t take away Representative Government • Is the idea that government should serve the will of the people • Also that people should have a voice in deciding what the government should and should not do Magna Carta • A group of determined barons forced King John to sign the Magna Carta or The Great Charter at Runnymede in 1215 • The barons were seeking protection against heavy handed and arbitrary acts by the king • The Magna Carta included such fundamental rights as trial by jury and due process of law or protection against the arbitrary taking of life, liberty or property • These protections against the absolute power of the king were originally intended only for the privileged classes • The Magna Carta established the principle that the power of the monarchy was not absolute The Petition of Right • In 1628 when Charles I asked Parliament for more money in taxes, Parliament refused until he signed the Petition of Right • It demanded that the king no longer imprison or punish any person but by the lawful judgment of his peers, or by the law of the land • It also insisted that the king not impose martial law or, rule by military, in time of peace or require homeowners to shelter the king’s troops without their consent • The petition challenged the idea of the divine right of kings, declaring that even a monarch must obey the law of the land The Bill of Rights • The English Bill of Rights prohibited a standing army in peacetime, except with the consent of Parliament and required that all parliamentary elections be free • This also included guarantees as the right to a fair trial, and freedom from excessive bail and from cruel and unusual punishment The English Colonies • Each colony was established on the basis of a charter or a written grant of authority from the king • Over time these led to three different kinds of colonies: royal, proprietary and charter Royal Colonies • The royal colonies were subject to the direct control of the Crown • In 1624 the king revoked the London Company’s charter and Virginia became the first royal colony • The king named a governor to serve as the colony’s chief executive • He also named a council who served as an advisory body to the royal governor • The governor, advised by the council appointed the judges for the colony’s courts • The laws passed by the legislature had to be approved by the governor and the Crown The Proprietary Colonies • By 1775 there were three proprietary colonies: Maryland, Pennsylvania and Delaware • The colonies were organized by a proprietor, a person to whom the king had made a grant of land • In Maryland and Delaware the legislatures were bicameral or two house while Pennsylvania was unicameral meaning one house body The Charter Colonies • Connecticut and Rhode Island were charter colonies • The governors were elected each year by the white, male property owners in each colony • There charters were so liberal for their time that with independence they were kept with only minor changes as State constitutions- until 1818 and 1843 Britain’s Colonial Policies • Each colonial legislature began to assume broad lawmaking powers. They often bent a royal governor to their will by not voting the money for his salary until he came to terms with them • By mid 1700’s the relationship between Britain and the colonies had become federal • This meant that the central government in London was responsible for colonial defense and for foreign affairs • It also provided a uniform system of money Britain’s Colonial Policies (cont.) • In 1760 shortly after George III came to throne Britain began to deal more firmly with the colonies • Restrictive trading acts were expanded and enforced and new taxes were imposed • The colonists did not agree which then started “taxation without representation” • Within the next couple of years they had to choose to submit or revolt Early Attempts • In 1643 the Massachusetts Bay, Plymouth, New Haven and Connecticut settlements formed the New England Confederation • A confederation is a joining of several groups for a common purpose • In this confederation they formed a “league of friendship” for defense against the Native Americans. The Albany Plan • In 1754 the British Board of Trade called a meeting of seven northern colonies to discuss the problems of colonial trade and the danger attacks by the French and their Native American allies • This is when Benjamin Franklin offered what became known as the Albany Plan of Union • He proposed the formation of an annual congress of delegates or representatives from each of the 13 colonies – It would have the power to raise military and naval forces, make war and peace with the Native Americans, regulate trade with them and collect customs duties The Stamp Act Congress • The harsh tax and trade policies of the 1760s cause resentment throughout the colonies • Parliament passed the Stamp Act of 1765 which required the use of tax stamps on all legal documents, on certain business agreements, and on newspapers • Nine colonies in October of 1765 sent delegates to the Stamp Act Congress in New York where they prepared a protest called the Declaration of Rights and Grievances The Stamp Act Congress (cont.) • Parliament repealed and mob violence erupted and many colonists supposed a boycott of English goods • On March 5, 1770, British troops fired into a crowd killing five in what became known as the Boston Massacre • Organized resistance was carried on through Committees of Correspondence which was formed by Samuel Adams in Boston in 1772 • Protests multiplied and the Boston Tea Party took place on December 16, 1773 • A group of men disguised as Native Americans boarded three tea ships in the Boston Harbor and dumped the tea into the sea to protest the British control of the tea trade The First Continental Congress • In 1774 the Parliament passed more sets of laws to punish the colonists. – These were known as the Intolerable Acts • Delegates from every colony except Georgia came to Philadelphia to discuss a plan of action • They sent a Declaration of Rights, protesting the British • The delegates stressed refusal of trade with England until the hated taxes and trade regulations were repealed or cancelled • A call for a second congress to be convened the following May and over the next several months all of the legislatures including Georgia’s gave their support to the actions of the First Continental Congress The Second Continental Congress • The British refused to compromise so on May 10, 1775 the Second Continental Congress met • The second Revolution had begun and the “shot heard ‘round the world” had been fired Representatives • Each of the 13 colonies sent representatives to Congress • Most of those who had attended the First Continental Congress were again present • Some notable newcomers were Benjamin Franklin of Pennsylvania and John Hancock of Massachusetts Our First National Government • The Second Continental Congress had become the nation’s first national government for five years however, it had no constitutional base • It was condemned by the British as unlawful assembly and a den of traitors The Declaration of Independence • Congress named a committee of five to prepare a proclamation of independence – The product being the Declaration of Independence which the majority of the work came from Jefferson • On July 2nd the delegates agreed to Lee’s resolution but only after spirited debate • Two days later on July 4th, 1776 they adopted the Declaration of Independence proclaiming the existence of the new nation – 13 colonies became free and independent States and 56 men signed the document The First State Constitutions • In January of 1776, New Hampshire adopted the Declaration to replace its royal charter • Less than three months later so did South Carolina • Then on May 10, Congress urged each of the colonies to adopt “such governments as shall, in the opinion of the representatives of the people, best conduce to the happiness and safety of their constituents” Drafting State Constitutions • In 1776 and 1777 most States adopted written constitutions • The Massachusetts constitutions of 1780 is the oldest present-day State constitutions • Also it is the oldest written constitution in force anywhere in the world today Common Features • The most common features were the principles of popular sovereignty, limited government, civil rights and liberties and separation of powers and check and balances The Articles of Confederation • On November 15, 1777 the Articles of Confederation were approved • They established “a firm league of friendship” among the states • The Articles didn’t go into effect immediately they needed ratification or formal approval from all 13 States • 11 agreed within a year and Delaware added its approval in Feb. of 1779 • Maryland did not ratify until March 1,1781 and that its declared the Articles of Confederation’s official effective date Governmental Structure • A Congress was the sole body created and was unicameral, made up of delegates chosen yearly by States in whatever way their legislatures might direct • Each State had one vote in the Congress, whatever its population or wealth • Since the Articles established no executive or judicial branch these functions were to be handled by committees of the Congress • Each year Congress would choose one of its members as its president – That person would be its presiding officer Powers of Congress • • • • • • • • • • Make war and peace Send and receive ambassadors Make treaties Borrow money Set up a money system Establish post offices Build a navy Raise an army by asking the State for troops Fix uniform standards of weights and measures Settle disputes among the States State Obligations • Obey the Articles and acts of the Congress • Provide the funds and troops requested by the Congress • Treat citizens of other States fairly and equally with their own • Give full faith and credit to the public acts, records and judicial proceedings of every other State • Surrender fugitives from justice to one another • Submit their disputes to Congress for settlement • Allow open travel and trade between and among the States Weakness • The Congress did not have the power to tax • Congress did not have the power to regulate trade between the States • The Congress didn’t have power to make the States obey the Articles or the laws it made The Critical Period, the 1780s • The Revolutionary War ended on October 19,1781 and the Treaty of Paris was signed in 1783 • The States ended up taxing one another’s goods and banned some trade • Violence broke out because of economic chaos. One of them being known as Shay’s Rebellion The Framers • 12 out of the 13 States sent delegates to Philadelphia to attend the Philadelphia Convention known as the Framers of the Constitution • These men had been in the Revolution or had been important, intelligent people in society Organization and Procedure • On May 25 the unanimously elected George Washington as president of the convention • Then on Monday, May 28, they adopted several rules and procedures Working in Secrecy • The delegates decided to keep everything a secret • They worked throughout the hot summer keeping this a secret • They even kept the windows closed so that people could not hear what they were saying The Virginia Plan • On May 29 the Virginia Plan, was presented to Randolph • The Virginia Plan called for a new government with three separate branches: legislative, judicial, and executive • It also called for a bicameral legislature in which each State’s membership would be determined by its population or its financial support for the central government • The plan presented by delegates from Virginia at the Constitutional Convention The New Jersey Plan • It is a plan presented as an alternative to the Virginia Plan at the Constitutional Convention • It called for a unicameral legislature in which each State would be equally represented Compromises • Connecticut Compromise- an agreement during the Constitutional Convention that Congress should be composed of a Senate in which States would be represented equally, and a House in which representation would be based on a State’s population • The Three-Fifths Compromise-an agreement at the Constitutional Convention to count a slave as three-fifths of a person when determining the population of a State The Commerce and Slave Trade Compromise • An agreement during the Constitutional Convention protecting slave holders • It denied Congress the power to tax the export of goods from any State and for 20 years, the power to act on the slave trade The Convention Completes its Work • After several weeks in hot Philadelphia, the Committee of Stile and Arrangement headed by Governor Morris put the Constitution in its final form • On September 17, the document was finished with 39 names placed on it Federalists and Anti-Federalists • Two groups emerged the Federalists who favored ratification and the Anti-Federalists who opposed it • The Federalists stressed the weakness of the Articles meanwhile the Anti-Federalists attacked every part of the new document Ratify • Delaware was the first to ratify and then New Hampshire on June 21, 1788 • Virginia then followed New Hampshire four days later • On July 26, 11 states had ratified • On April 30, Washington took the oath as the first President of the United States