Participation In Government
Studying historic and contemporary public
issues, while increasing citizenship
awareness
Founding of America
Historical influences
Democracy- power by the people was originally developed in Ancient Athens
(Greece). Athens had a direct democracy, where all eligible citizens participated in
government by taking part in discussions.
Republic-originally developed in Rome, voters elect representatives who speak and
act for the citizens. Sometimes called a representative democracy.
In other words…
English influences
The American colonies were originally owned by the British, therefore they
adopted many of the same concepts of government including:
-Common law
-Magna Carta
-Petition of Right
-The English Bill of Rights
Common Law
The common law system developed over time from the customs and traditions of
the court system and decisions. It became the legal system of all the nations that
England colonized, including the 13 colonies. In essence we use the decisions from
previous court cases to decide current cases.
Magna Carta
1215- English Nobles forced King John to sign the Magna Carta,
which limits the kings power. For example, it guaranteed the
right to trial by a jury (but only for nobles)
Petition of Right
1628 King Charles I put into writing certain legal rights and traditions such as
Habeas Corpus. This requires a person be brought before a court with
evidence shown to prove the person should be sent to trial. This prevents
arrest and imprisonment without trial.
Habeas Corpusyou must be charged with a
crime if you are arrested
(*72 hour window)
The English Bill of Rights
After a decade of fighting, Parliament overthrew King James II and replaced him with
William and Mary of Orange. First, William and Mary had to sign the English Bill of
Rights to establish that Representative government (Parliament) and the rule of law
outweighed the monarch.
Enlightened Thinkers
The Enlightenment occurred in the 17th and 18th centuries (1600-1700s). During the
Enlightenment philosophers were concerned with the relationship between the
people and the government.
-John Locke
-Baron de Montesquieu
-Voltaire
John Locke
Ideas
-Natural Rights (Life, Liberty, Property)
-Social Contract: people grant power to the government by
following its laws if it protects their natural rights
-Consent of the governed: if the government does not protect
natural rights, then it can be overthrown
Locke’s ideas influence the Declaration of Independence,
Constitution, and the Bill of rights
Influenced
Baron de Montesquieu
Ideas
Believed the British political system was successful because
the power to govern was divided between the Monarch and
two houses of Parliament. In other words, governmental
power was balanced
The three branches of government as set up by the US
Constitution
Influenced
Voltaire
Ideas
Wrote the Philosophical letters to praise the British institutions
and rights. Believed in the freedom of speech, especially to
denounce injustice
First Amendment Freedom of Speech
Influenced
Royal Colonies
All colonies needed a Charter, or
written permission from the king,
to be formed. By 1730 most
colonies were returned to Royal
control. However, colonists
mostly practiced self government
because the king was thousands
of miles away.
Salutary Neglect
England was mostly concerned that the colonies produced a profit for the nation.
To ensure this, Mercantilism was enforced and prevent colonists from
manufacturing their own goods, or purchasing from foreign nations.
Additionally, England practiced Salutary Neglect, or
the healthy ignoring of the colonies. This gave
Colonists the opportunity to create their own laws,
justice systems and Legislative bodies.
Self Government
There are several examples of early colonial attempts at self government:
1) The House of Burgesses in Jamestown
2) The Mayflower Compact in Plymouth
Road to Revolution
The Americans credited themselves with being able to take care of their affairs,
separately from the British government. However, America was not militarily
superior, and when the French and Indian War started, the British sent thousands of
troops to defend the colonies.
Britain won the war, but
racked up huge debt. The British
Crown fully expected the
Americans to pay off the
debt of protecting the colonies.
Taxes without Representation
Believing that the colonies should pay for their own defense, the British began to
harshly enforce Mercantilism. Additionally, Parliament passed a number of taxes to
generate revenue.
1) Sugar Act- tax on imports to the colonies
2) Stamp Act- tax on printed material including newspapers, wills and stamps
The Colonists rejected these taxes and
forced their repeal, or cancelling.
No Taxation…
The issue of taxation without representation rose again with the 1773 Tax Act which
made British tea much cheaper than other imported tea. Colonists responded by
destroying three shiploads of British Tea during the Boston Tea Party. This protest
led to the Intolerable Acts of 1774.
21 LK
Intolerable Acts of 1774
The Intolerable Acts were meant to punish the colonists for the Boston tea Party.
The Port of Boston was closed, town meetings were forbidden and the
legislature’s powers were limited. Additionally more troops were sent to occupy
Boston.
These extra soldiers
were ‘quartered’ in
colonial homes.
Colonists were forced to
house, feed and care for
these British soldiers.
Second Continental Congress
1n 1774 the First Continental Congress suggested that the colonies arm themselves
and begin training Militias. By 1776 it became clear that the war was escalating and
the Second Continental Congress issued the Declaration of Independence.
Declaration of Independence
Heavily influenced by the Enlightened thinkers, the Declaration of Independence
reinforced the idea that the people are guaranteed natural rights. Additionally, the
major idea was that government’s power belongs to the people. The government
only governs with the people’s permission.
“Whenever any Form of Government
becomes destructive… It is the Right
of the People to alter or abolish it, and
to institute new government…it is
their right, their duty to throw off
such Government…”
The Declaration of Independence
The Declaration of Independence was primarily written by Thomas Jefferson,
who was heavily influenced by John Locke’s theories of Natural Rights and
Social Contracts.
The Purpose of the Declaration:
-To announce to the world that the
colonies were a new, independent
nation
Key ideas of government
-people have natural rights, including
the rights to “Life, Liberty, and the
pursuit of happiness”
-To explain and justify the reasons that
the colonies were becoming the
-The government receives their power
United States of America.
from the consent of the governed and
the power is to be used to protect the
The Three Parts of the Declaration
people’s natural rights
-A theory of government
-A list of grievances against the king
-A formal resolution declaring
independence
-When a government fails to protect
those rights, it is the right of the people
to alter or abolish that government
According to this cartoon, what is the basis of lasting freedom, peace and
prosperity?
Laws of nature
Who originally created this idea?
John Locke (Natural Rights)
The American Revolution
Revolution= Change
American Revolution= Change in America from
British rule to self government
Loyalists and Patriots
Not all Colonists supported the movement for independence. Many wanted to stay
loyal to the King as long as taxes and natural rights were safeguarded. Tensions
between these groups grew throughout the Revolutionary war period.
Patriot- colonist who
supported freedom
from England.
Loyalist (tory)-colonist
who supported the
king and England.
Common Sense
The Revolutionary War was not started with
the goal on Independence, however, once the
war had begun, Patriot Colonists could no
longer see a solution to the conflict with
Britain.
Many colonists were persuaded to demand
Independence by Thomas Paine’s pamphlet
Common Sense. In Common Sense colonists
were urged to take action to create an
independent nation to safeguard their own
natural rights.
American Revolution
The Americans fought the revolutionary war in a variety of ways. First, George
Washington’s troops were well trained and faced the British in open warfare.
However, Washington’s army was backed up by local militias, who often used guerilla
warfare.
British Surrender
The American Revolution lasted from 1775 to 1781 when the British surrendered at
Yorktown in Virginia. The peace treaty, the Treaty of Paris, was signed in 1783. It was
negotiated by John Adams, John Jay and Benjamin Franklin.
The American boundaries were Canada to the North, Spanish Florida in the South and
Mississippi river to the West.
America’s First Government
The colonists had been practicing with self government, but the tyranny of
Britain left Americans distrustful of Strong Government. As such, the American
states created a Confederacy, where the states had more power than the federal
government. This is a form of Federalism.
Federalismdivision of power
between the states
and the federal
government
The Articles of Confederation
The Articles of confederation sucked because the Feds were
too weak
The Articles of confederation sucked because the Feds were
too weak
The Articles of confederation sucked because the Feds were
too weak
The Articles of confederation sucked because the Feds were
too weak
Shays Rebellion
Shay’s Rebellion demonstrated that the Articles of Confederation was far
too weak to provide and secure Natural Rights to all of the people. The
basics:
-Farmers in Massachusetts protested high taxes and burned tax papers
-There was no Army to stop them
-Lasted nearly 1 year
Review
“The Only representatives of the people of these colonies are persons
chosen therein by themselves; and that no taxes ever have been, or
can be constitutionally imposed on them but by their respective
legislatures.”
-Statement by the Stamp Act Congress of 1765
What is a valid conclusion that can be drawn from this quotation?
1. The colonial legislatures should be appointed by the English King
with the consent of Parliament
2. Only the colonists’ elected representatives should have the power
to levy taxes
3. The English King should have the right to tax the colonists
4. The colonists should be opposed to all taxation
Review
In the 1780’s many Americans distrusted a strong
central government. This was shown by the
1. Lack of debate over the ratification of the US
constitution
2. Plan of government set up by the Articles of
Confederation
3. Development of a Federal court System
4. Constitutional provision for a strong president
Review
"We hold these truths to be self-evident: That all men are created
equal; that they are endowed by their creator with certain unalienable
rights; that among these are life, liberty, and the pursuit of happiness; .
. .”
This quotation is evidence that some of the basic ideas in the
Declaration of Independence were
1. Limitations of the principles underlying most European
governments of the 1700s
2. Adaptations of the laws of Spanish colonial governments in North
America
3. Adoptions of rules used by the Holy Roman Empire
4. Reflections of the philosophies of the European Enlightenment
Review
One accomplishment of the national government under
the Articles of Confederation was the passage of
legislation establishing
1. A central banking system
2. A process for admitting new states to the Union
3. The president’s right to put down rebellions
4. The ability of Congress to tax the states effectively
Review
According to the Declaration of Independence , the
people have the right to alter or abolish a government
if that government
1. is a limited monarchy
2. violates natural rights
3. Becomes involved in entangling alliances
4. Favors one religion over another
Making the Constitution
How did the delegates at the Constitutional
Convention NOT represent the typical American
Citizen?
Once it became clear that the government needed to be reformed, each state sent
delegates to the Constitutional Convention (except Rhode Island). 55 delegates
from all the states met to create a new constitution. The delegates were made of
prominent lawyers, planters and merchants. Most of the population, however,
were small farmers.
ConstitutionOutlines and limits
government
What are we talking about here?
The Constitutional Convention was an attempt to create a strong
FEDERAL government. This means taking power AWAY from the states.
Federalism- the division of power between the States and Federal
government
Federalists vs. Anti-Federalists
The Americans were still distrustful of Strong Government, creating divisions among
the delegates.
Federalists- Want a strong Federal government for efficiency
Anti-Federalists- Want strong state governments to protect the people
Compromise! Compromise! Compromise!
GOAL: Create a strong enough government to govern effectively, while
protecting individual liberties.
Plan: Compromise: the Constitution took many compromises, but there are 4
major compromises.
1) The issue of Representation
2) The issue of Slavery
3) The issue of commerce
4) The Presidency compromise
Issue of Representation
The continental Congress had to decide what the legislature would look like and how
the representatives would be selected.
New
Jersey
Virginia
Virginia vs. New Jersey plans
This compromise is called the Connecticut Plan, or the Great Compromise
The Great Compromise
Ratification
Once the delegation had written the constitution it had to be ratified, or approved
by the states. The writers had written that 9 of the 13 colonies must approve the
constitution for it to go into effect. However, there were fierce debates in all the
states between the Federalists and Anti-Federalists.
Federalists: Wrote the “Federalist Papers” to promote ratification
Anti-Federalists: Worried the constitutional government would
threaten the rights of the people.
Demanded a Bill of Rights.
Ratify- Approve
Review
The primary purpose of the Articles of Confederation was to
(1) provide revenues for the national government
(2) establish the basic framework of the national government
(3) give the national government the power to regulate interstate commerce
(4) guarantee a bill of rights to protect citizens from the national government
Which statement regarding the United States
Congress is best supported by the information
in this cartoon?
(1) Congress must meet at least once every
year.
(2) Members of the House of Representatives
must be chosen every two years.
(3) Each house of Congress must publish a
journal of its proceedings.
(4) Representation in the House of
Representatives is based on state population
Ratification
Ultimately the new Constitution was
approved by the 13 colonies, and went
into effect in 1789. The first president was
George Washington.
Some didn’t want to approve the
constitution because they were worried
they would lose their rights. So Congress
immediately went into session to respond
to calls for a Bill of Rights. The first ten
amendments were passed by 1791.
US Constitution Preamble
The US Constitution provides a clearly defined framework of
government. The Preamble provides the reasons for writing it:
-to create a better stronger government
-to ensure a system of justice
-to provide for peace at home
-to provide for the defense of the nation
-to promote the well being of the people
-to secure liberty to the people and to
future generations.
Basic Principles
(these are Vocab words!!)
Popular Sovereignty- the people give this government power to govern them
(consent of the governed). This is a democracy
Limited Government- Governmental powers are defined by the constitution,
therefore the government is limited by the law.
Federalism- The division of power between the states and the national government
Separation of Powers- the power to govern is divided among the legislative,
executive and judiciary branches.
Checks and Balances- each branch of government has ways to check and control
the other branches.
Established Government
Delegated- powers given to the US
Government
Concurrent- powers for both- the
national gov’t trumps state
Reserved- powers reserved for
the states
Checks and Balances
Legislature makes laws
-President can Veto proposed laws
-Supreme Court can rule passed laws
unconstitutional
President can enforce laws and ensure security
-Congress (Legislative) must approve treaties and war
-Supreme Court can rule that the President’s actions are
unconstitutional
Supreme Court uses Judicial Review to examine laws
-President can appoint, or select, Justices
-Legislature must approve appointments and can impeach
The Elastic Clause
The Founding Fathers created the Elastic Clause to allow the
constitution to change along with the needs of the country. According
to the Elastic Clause, Congress can make all laws that are
“necessary and proper” for carrying out tasks in the Constitution.
To prevent this the writers of the constitution included flexibility to allow the
constitution to change with time.
Flexibility
The Elastic Clause: Congress can make all laws
“necessary and proper” for carrying out the
tasks listed in the constitution
The Amendment Process-The constitution may be changed with approval of both
congress and the states (Amendment= amend= fix)
Judicial Review- The Supreme Court can review cases that may conflict
with the constitution. Judicial review was established in the case
Marbury v. Madison
Unwritten Constitution- Congressional and executive interpretations and actions,
court decisions and customs/traditions form an unwritten-constitution to
allow for constitutional change and flexibility.
King of the Mountain
US Constitution
Federal Government
Acts of Congress and Treaties
State
City and county
The constitution, federal laws and
treaties are superior to state laws
Articles 1-3
The first 3 articles of the constitution describe and define the powers of the
legislative, executive and judicial branches
Office
Number
Representative
At least 1 per
states
based on
population
Senator
President and
Vice
President
Term
2 years
Elastic Clause and
2/Amendment
state
6 years
process
1 each
4 years
Supreme
Court Checks and
9 Balances
LIFE
Justice
Selection
Elected by
voters
Original constitutionelected by state
legislature.
Amendment 17elected by voters
Requirements
25+
Citizen 7 years
State Resident
30+
Citizen 9 years
State Resident
Natural born citizen
35+
Electoral College
Resident for 14
years
Presidential
No requirements in the
appointment and
constitution
senate approval
Article 1- Legislative Branch
This Article establishes Congress and its two houses (Senate and the House of
Representatives). This Article gives:
-Qualifications for election to congress
-Basic operating procedures
-Outlines how bills become laws
-Delegated powers including “Necessary and proper” or elastic
clause allowing congress to adapt to the times
Legislative duties
The legislative branch is a bicameral congress: a Senate and a House of
Representatives. They have the power to:
-make laws
-declare war
-regulate trade, money and taxes
-impeach federal officials
Review
Remember that the Legislative branch was created after the Great Compromise
was passed. Originally, there were two proposals on the table: The Virginia Plan
and the New Jersey Plan:
Bill to federal law
All Bills must be approved by both houses of Congress (the Senate
and House of Representatives) AND the President. If the president
vetoes a bill, it can still be passed by a 2/3 approval of both houses.
Over the years the process has become
significantly more complex. In the house debate
on a bill is limited. In the Senate a bill may be
debated endlessly. In recent years senators have
begun to filibuster, or keep talking about a bill
until the senators drop it.
Filibuster- Senators continue
talking about a bill until it is
dropped or Congress goes home.
Article 2- Executive branch
Outlines the powers and duties of the President and Vice President
The President can act swiftly in times of war and
national crisis by fulfilling several different roles.
-Chief Executive- enforce laws, nominate judges,
and government officials
-Chief Diplomat- represents the US and can make
treaties (must be approved by Congress)
-Commander in Chief- Supreme commander and
can authorize military action for up to 60
days
-Chief Legislator- propose federal budget and
Veto laws
Electing the President
The president is elected through an indirect vote in the Electoral College.
Problem:
Sometimes,
The electoral The
college
has 538 total
votes. Each
states’ number
of votes
is by the
Presidents
can be
elected
determined by:
Electoral College without winning
the popular vote.
The number of Senators
+The number of Representatives
Electoral votes
The number is different for every state
because the number of representatives
is based on population.
Electoral College or Popular Vote
AntiProelectoral
Article 3- Judicial (judicial-judge-courts)
The 3rd article creates the Supreme Court and gives Congress
the power to create lower federal courts. The most important
power of the federal courts is the rights to Judicial Review.
The Supreme Court is the final voice in
interpreting the Constitution
Judicial ReviewPower to decide if laws are
unconstitutional
Article 4- Relations among states
This portion ensures that states will recognize the laws, documents and
records from other states. Also, fugitives cannot be held in a state to avoid
persecution.
Article 5- Amending the Constitution
One of the most important features of the Constitution is the ability to amend
or change with the times. There are two methods to changing the
constitution, though both are difficult.
The first 10 Amendments are
called the Bill of Rights.
AmendTo change or
fix
Amending the Constitution
Method 1:
Amendment is proposed
by the Legislative Branch,
then approved by state
legislatures of
Constitutional Convention
votes.
Amending the Constitution
Method 2:
Amendment is proposed
by a National
Constitutional Convention
then approved by the
states.
Bill of Rights
In order to gain enough ratifying votes, the Constitutional Convention
agreed to include a written Bill of Rights. The fear of a dominating
Federal government led many to demand a guarantee of their rights
and liberties. The Bill of Rights is composed of the first 10 Amendments
to the Constitution
Amendment
1
2
3
4
5
6
7
8
9
10
Subject
Freedom of religions, speech and press
Right to possess firearms
The first ten
amendments are
known as the Bill
of Rights
Government may not ask citizens to house soldiers
Protects against unreasonable search and seizure
Includes protection against self incrimination and double
jeopardy, guarantees due process of law
Right to a speedy public trial with counsel
Right to trial by jury
Prohibits excessive bail, fines and cruel and unusual
punishments
Rights not mentioned in the constitution belong to the people
Powers not given to government belong to the states and
people
Speaker A: As it stands now, the Constitution does
not protect civil liberties.
Speaker B: The system of checks and balances will
control any abuse of power by a branch
of government.
Speaker C: The demands of the majority will
overwhelm the minority.
Speaker D: The amendment process will allow the
Constitution to be changed when the
need arises.
How was the concern of Speaker A resolved?
(1) adoption of the elastic clause
(2) establishment of the House of Representatives
(3) creation of the federal court system
(4) addition of the Bill of Rights
Which two speakers support the ratification of
the Constitution?
(1) A and D (3) B and D
(2) A and C (4) B and C
What is this an example of?
Compare the Articles of
Confederation to the US Constitution
Articles of
Confederation
Constitution
Bill of Rights
Anti-Federalists demanded protections of
people’s rights before they would
approve the Constitution. In order to
ratify the constitution the Bill or Rights
was promised.
TASK
Select 5 Amendments from the
Bill of Rights that you deem the
most important to your EVERY
day lift. Explain why they are
important and provide an
example for each one.