Study Session_Review Handout

advertisement
o Students will compare forms of government
Democracy “Direct Democracy”
1. Emphasize that all citizens can participate in public policy
2. Emphasize citizen rights (civil liberties protected) and participation
3. Emphasize the Framers “feared” pure democracy as it could lead to tyrannical
factions
Republic “Indirect-Representative Democracy”
1. Emphasize the election of representatives to make public policy
2. Federal government in the United States is a Republic
Authoritarian
1. Emphasize these are often referred to as Dictatorships
2. Emphasize lack of citizen rights (civil liberties NOT protected) and participation
o Students should compare and contrast direct and indirect
democracy giving benefits and dangers of both.
Direct Democracy- Pro’s: all citizens participate, Con’s: tyranny of majority; can exist at
state level only (recall, referendum, initiative)
Indirect “Representative” Democracy- Pro’s: elect knowledgeable candidates to office,
experts candidates, Con’s: citizens distant from public policy; representatives acting as
trustees
o Students will understand the principle views of American
democracy—Majoritarian, Pluralist, Hyper-pluralist, and
Elitist.
Majoritarian “Traditional” Theory- idea that all citizens can participate; the majority
rules, but protects minority rights.
1. Emphasize this theory is more fantasy than reality
Pluralist Theory- idea that groups work to acheieve policy goals; usually by making
compromises.
1. Emphasize seen as good.
Hyper-pluralist Theory- idea that there are too many groups that they become
destructive to government
1. Emphasize seen as bad
2. Emphasize government is ineffective to deal with their concerns
Elite/Class Theory- idea that wealth is used to make public policy
1. Emphasize- Money is power!
2. Emphasize- campaign contributions, lobbying, corporations
o Students will explain problems with the Articles of
Confederation, and how Shays Rebellion highlighted problems
under the Articles of Confederation.
Problems- too many to list all, but states were too powerful, government could not
regulate commerce, collect taxes, raise an army, enforce laws, unite the country.
Additionally, it was too difficult to amend (nearly impossible) and to pass basic laws
would take 9/13.
Shay’s Rebellion
1. Emphasize Shay’s highlighted that there was no way to put down rebellions or
defend the states
2. Wealth gap (rich vs. poor) possibly could be violation of natural rights and call for
rebellion which would end the new republic.
o Students will compare and contrast the Articles of
Confederation and the Constitution. Point out how specific
problems in the Articles were addressed by the
Constitution.
Articles of Confederation
Problem
No ability for the Continental Congress to raise or collect taxes
Took 13 of 13 states to agree to amend the Articles of
Confederation
Took 9 of 13 states to agree to pass new laws
No ability of the Continental Congress to regulate commerce
between the states or with foreign countries
No executive to enforce the laws under the Articles of
Confederation
Articles of Confederation did not create a unified country;
instead it created a league of “friendships”
The Articles of Confederation did not create a national
army/navy for defense of the 13 states
No courts to uphold law and to hand down punishments
United States Constitution
Solution
Article I, Section 8- Congress has power to raise and collect
taxes
16th Amendment- income tax
Article V- 2/3 congress proposal
¾ states ratification
Article I, Section 1-Congress now lawmaking body
Article I, Section 8- Commerce Clause
Article II, Section 3- President to faithfully execute laws
Preamble-We the people OF THE UNITED STATES in
order to FORM A MORE PERFECT UNION…
Article I, Section 8- Congress may raise and maintain army
and navy and militias
Article III- Supreme Court
o Students should have a fundamental understanding of the
major compromises in the Constitution, in particular the
“Great” or Connecticut Compromise along with the plans it
was predicated upon (New Jersey Plan & Virginia Plan,
Three-Fifths Compromise).
New Jersey Plan
Virginia Plan
Small state
Large state
Equal representation in Congress
Representation based on population
Great Compromise “Connecticut Compromise”
Bicameral Congress
House- based on population
Senate-equal for all states regardless of size
o Students should begin to understand the implications of
separation of powers and federalism.
1. Emphasize Federalist 51, Madison argued that to protect against government
power; power has been placed in separate “departments”
2. Emphasize these separate departments could often be in contention with each
other (checks and balances)
3. Emphasize Federalist 51, Madison argued for a “compound government,” the
division of power between the federal government and the state governments
(again, the fear of government power)
o Students will compare and contrast presidential government
with parliamentary government.
Presidential- President (Executive) elected separately from legislature (example: U.S.)
Parliamentary- Executive is a member of the legislature (example: G.B.)
1. Emphasize, again this is Madison’s argument for separation of powers (feared
powerful government)
o Students should have a conceptual understanding of checks and balances. This
understanding should include specific examples of how each branch checks the others.
o Students will examine arguments for and against including a
Bill of Rights, and why the Bill of Rights originally did
not apply to the states.
Federalist 84
Against a Bill of Rights
Many states already have a Bill of Rights
For the states who had no Bill of Rights, there had never been an
immediate call to include one
The Constitution of the United States includes common and statute law
of Great Britain, and therefore it is a bill of rights
The Government will never violate citizen’s rights because titles of
nobility do not exist
To list rights would be dangerous because this may be implied that the
federal government has some authority to regulate them; which this
power has not been given
The legislative branch which is closest to the people could write into
law restraints against a government who violates its citizen’s rights
Bills of Rights only need exist between Kings and subjects; not in a
government of “We the People”
Anti-Federalist 84
For a Bill of Rights
The U.S. Constitution repeals the State Constitutions due to Article
VI, therefore state bills of rights are not sufficient to protect rights
Because the Constitution must stand for all ages, the principles must
be clearly and precisely stated and rights expressed
Any country where freedoms remain, such as the one we come from
(England), rights have been written such was Magna Carta
Rulers have the same inclinations as other men in the state of nature,
and once given consent to govern they may use that power to oppress
individuals. So, limitations on power must be stated.
The Constitution grants powers to government as do state
constitutions. Because state constitution extend to every matter of
life, liberty, property, and pursuit of happiness a bill of rights has been
included to restrain that power. So, why would the federal
Constitution not need such restraints?
If including a bill of rights may assume federal power over them;
where none has been given; then why prohibit bills of attainder,
suspension of habeas, and ex post facto laws when no power was
granted over them?
The Constitution has many implied powers that a bill of rights may
guard against
It is not necessary for one to relinquish all of his natural rights in order
to give consent to a civil government. Therefore the rights that cannot
be surrendered must be written down
1. Emphasize the Bill of Rights did not originally apply to the states because these were
to be protections against the FEDERAL government. The language of Amendment I
for example states, “CONGRESS SHALL MAKE NO LAW…”
o Marbury v. Madison:
1. Emphasize it establishes judicial review and that while judicial review is NOT
explicitly stated in the constitution, there is substantial constitution basis for the
concept.
o Students should know the function of the government
institutions.
Legislative- make law
Executive- enforce law
Judicial- interpret law
o Students should understand the limitations on “democratic”
participation that were established by the Framers and how
the Constitution over time has become MORE “democratic.”
1. Emphasize the Framers did NOT provide for the direct election of senators (Left to
state legislatures)
2. Emphasize that the Framers did NOT provide for direct election of the president
(Left to Electoral College)
3. Emphasize that the ONLY aspect of the federal government to be directly elected
were members of the U.S. House of Representatives.
4. Emphasize groups that did not have suffrage (blacks, women, non-property owners)
5. Emphasize that over time, the Constitution has changed to provide more
“democratic” participation (17th Amendment, 15th Amendment, 26th Amendment,
19th Amendment, 24th Amendment)
o Students should understand the ideas of John Locke and
Thomas Jefferson
1. Emphasize Locke and Nature Rights (Life, Liberty, Property)
2. Emphasize Declaration of Independence states our “values” of natural rights as a
justification to rebel against G.B.
Download