Section 1 Principles of Government Section 2 The Formation ...heritagesocialstudies.weebly.com ›...

Section 1 Principles of Government

Section 2 The Formation of Governments

Section 3 Types of Government

Section 4 Economic Theories

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• The Formation of Governments Cite similarities and differences between unitary and federal governments. (Section 2)

• Types of Government Summarize the relationship between democracy and free enterprise. (Section 3)

• Economic Theories Name the ways the United States has modified its free enterprise system. (Section 4)

• Principles of Government Identify the essential features of a state and describe the theories about the origin of government. (Section 1)

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Chapter Objectives

Find Out• What are the four main purposes ofgovernment?

• How do various theories explain the origin of government?

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Key Termsstate, nation, nation-state, consensus,

sovereignty, government, social contract

Principles of Government

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Understanding ConceptsPublic Policy Which policies of the

government make your life better? Which do you think make life worse?

Principles of Government

Section ObjectiveIdentify the essential features of a state and describe the theories about the origin of government.

– What is the proper function of government?

– What form of government serves best?

– Where or why did government originate?

Introduction

• While most of us realize that government is necessary, people have asked basic questions about the institution of government for centuries:



The State

• The familiar terms country and state have basically the same meaning.

• A state is a political community that occupies a definite territory and has an organized government with the power to make and enforce laws without approval from any higher authority.

• Aristotle, a scholar in ancient Greece, was one of the first students of government. Many terms and concepts of government, such as politics, democracy, and republic, originated in ancient Greece and Rome.


The State (cont.)

• A nation is any sizable group of people who are united by common bonds of race, language, custom, tradition, and, sometimes, religion.

• Often the term nation is used to describe an independent state or country.

• The United States is one of more than 160 states in the world today.


• France is an example of a nation-state.

• A nation-state is a country where the territories of both the nation and the state coincide.

The State (cont.)


Essential Features of a State

• States share four essential features:

– population

– territory

– sovereignty

– government


Population

• The mobility of the population can also affect the political organization of a state. As population shifts within a country, political power is changed and modified.

• The most stable states are those where the population shares a general social and political consensus, or agreement about basic beliefs.


Territory

• The United States’s continental boundaries are the Atlantic and Pacific Oceans and recognized borders with Canada and Mexico.

• A state has established boundaries, or a territory. Territorial boundaries may change as a result of war, negotiations, or purchase.


Sovereignty

• In theory, sovereignty means that each state is independent and can determine its own course of action.

• In practice, states with great economic strength and military capabilities have more power than other states.

• Political sovereignty, the key characteristic of a state, means that the state has supreme and absolute authority within its territorial boundaries.


Government

• Government is the institution through which each state maintains social order, provides public services, and enforces decisions that are binding on all people living within the state.


Theories of the Origin of the State

• Many scholars have constructed theories that attempt to explain the origin of the state.

• No one knows how or why people created the earliest governments.


Evolutionary Theory

• An extended family, including hundreds of people, needed more organization. The heads of these extended families became the authority that served as government.

• The basis of evolutionary theory is that the state evolved from the family.


Force Theory

• The force theory says that government emerged when all the people of an area were brought under the authority of one person or group.


Divine Right Theory

• To oppose the monarch was to oppose God and was both treason and sin.

• Divine right, which has been important in many civilizations, is the notion that the gods have chosen certain people to rule.


Social Contract Theory

• Thomas Hobbes in England was one of the first to theorize that people had a social contract with their leaders.

• Hobbes believed that people surrendered to the state the power needed to maintain order, in exchange for protection provided by the state.

• Beginning in the 1600s, Europeans challenged the rule of sovereigns who ruled by divine right.


• When the American colonies revolted against King George III, they declared their independence supported by the political philosophy of natural rights that Locke had written.

• John Locke took the social contract a step further when he wrote that the people could justly break the social contract when government failed to preserve the natural rights of the people to life, liberty, and property.

Social Contract Theory (cont.)


The Purposes of Government

– maintaining social order

– providing public services

– providing for national security and a common defense

– providing for and controlling the economic system

• Today governments serve several major purposes for the state:

• In carrying out these tasks, governments must make authoritative decisions that are binding on all citizens of the state.


The Purposes of Government (cont.)

• Legitimacy means the willingness of citizens to obey the government. In democratic countries legitimacy is based on the consent of the people.

• Coercive force is the power of the police, judicial, and military institutions of government.

• Governments derive their authority from two sources–their legitimacy and their ability to use coercive force.


Maintaining Social Order

• Without government, civilized life would not be possible.

• According to the social contract theory, people need government to maintain social order because they have not yet discovered a way to live in groups without conflict.


Maintaining Social Order (cont.)

– making and enforcing laws.

– requiring people to do things like pay taxes and serve in the army.

– providing structures such as courts to help people resolve disagreements in an orderly manner.

– placing limits on what individuals are permitted to do.

• Governments provide ways of resolving conflicts among group members by...


Providing Public Services

• These services include building sewer systems, checking the safety of food, and requiring people to pass a driving test.

• Governments provide essential services that make community life possible and promote the general welfare.


Providing National Security

• The government also handles normal relations with other nations, such as making treaties and enacting trade agreements.

• A major task of sovereign states is protecting national security against attack by other states or from threats such as terrorism.


Making Economic Decisions

• For this reason, governments often use their power to reduce the cause of such conflict by intervening in the economic system.

• No country provides its citizens with everything they need or desire. Material scarcity, even in wealthy nations, can lead to conflict and even to revolutions.


Making Economic Decisions (cont.)

– intervene in the economic affairs of other nations in the interest of economic or political stability.

– pass the laws that determine and control the economic environment of the nation.

– make choices that distribute benefits and public services among citizens.

• Governments may...

• Governments usually try to stimulate economic growth and stability through controlling inflation, encouraging trade, and regulating natural resource development.


Additional lecture notes appear on the following slides.

Find Out• What are the similarities and differences between a unitary government and a federal government system?

• What are the main purposes of a constitution?

Key Termsunitary system, federal system,

confederacy, constitution, constitutional government, preamble, constitutional law, politics, industrialized nation, developing nation

The Formation of Governments



Understanding ConceptsGlobal Perspectives The United States

Constitution is the oldest written constitution still in use. What does this imply about the stability of governments in the world?

The Formation of Governments

Section ObjectiveCite similarities and differences between unitary and federal governments.


• Most large countries have several different levels of government, including a central or national government, as well as the governments of smaller divisions within the country, such as provinces, states, counties, cities, towns, and villages.

Introduction

• To carry out their functions, governments have been organized in a variety of ways.


Government Systems

• The relationship between the national government and the smaller divisions can be described as either unitary or federal.


Unitary System

• The central government creates state, provincial, or other local governments and gives them limited sovereignty.

• Great Britain, Italy, and France are examples of unitary governments.

• A unitary system of government gives all key powers to the national or central government.


Federal System

• The United States, Canada, Switzerland, Mexico, Australia, and India developed federal systems.

• A federal system of government divides the powers of government between the national government and state or provincial governments.


Federal System (cont.)

• When the confederacy failed to provide an effective national government, the Constitution made the national government supreme, while preserving some state government powers.

• The United States began as a confederacy, a loose union of independent states.


Constitutions and Government

• What are the major purposes of a constitution?

• A constitution is a plan that provides the rules for government.

– It sets out ideals that the people bound by the constitution believe in and share.

– It establishes the basic structure of government and defines the government’s powers and duties.

– It provides the supreme law for the country.


Constitutions and Government (cont.)

• The United States Constitution, drawn up in 1787, is the oldest written constitution still serving a nation today.

• Other nations with written constitutions include France, Kenya, India, Italy, and Switzerland.

• Great Britain has an unwritten constitution based on hundreds of years of legislative acts, court decisions, and customs.

• In most modern states, constitutions are written.


• The People’s Republic of China has a constitution, but does not have a constitutional government because there are few limits on the power of the government.

• A constitutional government has a constitution with authority to place clearly recognized limits on the powers of those who govern. It is a limited government.

Constitutions and Government (cont.)


Incomplete Guides

– No written constitution by itself can possibly spell out all the laws, customs, and ideas that grow up around the document itself.

– A constitution does not always reflect the actual practice of government in a country.

• Constitutions themselves are important but incomplete guides to how a country is actually governed. They are incomplete for two reasons:


A Statement of Goals

• Most constitutions contain a preamble, a statement that sets forth the goals and purposes to be served by the government.


A Framework for Government

• In a federal system the constitution describes the relationship between the various levels of government.

• Most written constitutions also describe the procedure for amending the constitution.

• The main body of a constitution sets out the plan for government.


A Framework for Government (cont.)

• The United States Constitution has 7 articles containing a total of 21 sections.

• The main body of a constitution is usually divided into parts called articles and sections.


The Highest Law

• Constitutional law involves the interpretation and application of the constitution.

• Constitutions provide the supreme law for states. A constitution is usually accepted as a superior, morally binding force.


Politics and Government

• People are taking part in politics when they join a citizens’ group protesting higher taxes or when they meet with the mayor to ask the city for a service.

• The effort to control or influence the conduct and policies of government is called politics.


Seeking Government Benefits

• In the United States, there is a continual struggle over what benefits and services government should provide, how much they should cost, and who should pay for them.

• Participation in politics arises because people realize that the government has the potential to influence their lives in many ways.


Seeking Government Benefits (cont.)

• Through politics, people also seek to use government to turn their values and beliefs into public policy.

• Through politics, people seek to maximize the benefits they get from government while they try to reduce the cost of these benefits.


Importance of Politics

• The outcomes of politics–the struggle to control government–affect such key matters as the quality of air and water, economic conditions, and peace and war.

• Through politics, conflicts in society are managed peacefully.


Special Interests

• In a series of articles called The Federalist, James Madison expressed his belief that a “well-constructed Union” would hinder special-interest groups from sacrificing the common good by using government to further their own purposes.

• The Framers of the Constitution believed that government should promote the general welfare–the interests of all the people.


Special Interests (cont.)

• Some people equate politics with bribery or corruption. The misuse of politics should not obscure the value of a political system.


Governing in the Twentieth Century

• Defining the boundaries of government is difficult in today’s complex world.

• Changing relationships challenge the policies of every nation.


Major Inequalities Among States

• Industrialized nations have generally large industries and advanced technology that provide a more comfortable way of life than developing nations do.

• The United States, Japan, Canada, and France are among about 20 industrialized nations.

• There are great inequalities among industrialized and developing nations.


Major Inequalities Among States (cont.)

• Africa south of the Sahara and Southeast Asia have many developing nations.

• Between these two levels of development are many newly industrialized states like Mexico, South Korea, and Argentina.

• Developing nations are only beginning to develop industrially. Their per capita, or per person, incomes are a fraction of those of industrialized nations.


Growing Interdependence

• Interdependence means that nations must interact or depend on one another, especially economically and politically.

• Interdependence affects the developing states. Many have become very dependent on the industrialized ones for economic aid, medical supplies, and services.

• Nations today are becoming more and more interdependent.


Growing Interdependence (cont.)

• Travel, trade, and communications among states are increasing. Inventions such as fiber optic telephone cable and satellite television have connected people of every continent.

• Growing interdependence means that events in one nation affect events throughout the world. The Persian Gulf War in 1991 was a good example of this.


Nonstate International Groups

– political movements such as national liberation organizations

– multinational corporations

– international organizations

• Nonstate groups play an important role in international politics and fall into three categories:

• National liberation organizations, such as the Palestine Liberation Organization (PLO), maintain diplomatic relations with many states.


Nonstate International Groups (cont.)

• While these corporations have no political sovereignty, they influence international politics.

• International organizations such as the United Nations, the International Sugar Council, and the World Meteorological Organization undertake a wide variety of tasks, often to serve the needs of member states.

• Multinational corporations are huge companies with offices and factories in many countries.



Find Out• What are the main characteristics of a democracy?

• Why is free enterprise conducive to the growth and preservation of democracy?

Key Termsautocracy, monarchy, oligarchy, democracy, republic, political party, free enterprise

Types of Government



Understanding ConceptsCultural Pluralism How does a

representative democracy provide a good government for diverse peoples?

Types of Government

Section ObjectiveSummarize the relationship between democracy and free enterprise.


• Yet other forms of government outnumber true democracies.

Introduction

• The United States has established a representative democracy that serves as a model for government and inspires people around the world.


Major Types of Government

• This system is based on a key question: Who governs the state?

• Under this system of classification, all governments belong to one of three major groups:

• Governments can be classified in many ways, but the most time-honored system comes from the ideas of Aristotle.

– autocracy: rule by one person

– oligarchy: rule by a few persons

– democracy: rule by many persons


Autocracy

• Autocracies are the oldest and one of the most common forms of government.

• Most autocrats have gained and maintained their power by inheritance or the ruthless use of military or police power.

• Several forms of autocracy exist, one of which is absolute or totalitarian dictatorship.

• When one person holds the power and authority to rule, it is an autocracy.


Autocracy (cont.)

• Adolf Hitler in Germany, Benito Mussolini in Italy, and Joseph Stalin in the Soviet Union were totalitarian dictators.

• In a monarchy, a king, queen, or emperor exercises the supreme powers of government. A monarch’s position is usually inherited.

• In a totalitarian dictatorship, the leader’s ideas are glorified, the government seeks to control all aspects of social and economic life, and the people lack the power to limit their rulers.


Autocracy (cont.)

• Although rare, absolute monarchs, such as the king of Saudi Arabia, still exist.

• Constitutional monarchs share governmental powers with elected legislatures or serve mainly as the ceremonial leaders of their governments.

• Great Britain, Sweden, Japan, and the Netherlands have constitutional monarchs.

• Absolute monarchs have complete and unlimited power to rule their people.


Oligarchy

• Oligarchies derive their power from wealth, military power, social position, religion, or some combination of these elements.

• Both dictatorships and oligarchies sometimes claim they rule for the people, but they usually suppress all political opposition–sometimes ruthlessly.

• An oligarchy is any system of government in which a small group holds power.


Democracy

• The key idea of a democracy is that the people hold sovereign power.

• Abraham Lincoln described democracy as “government of the people, by the people, and for the people.”

• There are two forms of democracy–direct and indirect.

• A democracy is any system of government in which rule is by the people.


Democracy (cont.)

• Direct democracy exists only in societies where citizens can meet regularly to discuss and decide key issues and problems.

• No country today is based on direct democracy.

• In a direct democracy, the people govern themselves by voting on issues individually as citizens.


Democracy (cont.)

• An assembly of the people’s representatives may be called a council, a legislature, a congress, or a parliament.

• Representative democracy is practiced in places such as the United States, where the population is too large to meet regularly in one place.

• In an indirect or representative democracy, the people elect representatives and give them the responsibility and power to make laws and conduct government.


Democracy (cont.)

• To Americans, the terms representative democracy, republic, and constitutional republic mean the same thing: a system of limited government where the people are the ultimate source of governmental power.

• In a republic, voters hold sovereign power. Elected representatives who are responsible to the people exercise that power.


Characteristics of Democracy

• A true democratic government, as opposed to one that only uses the term democracy in its name, has characteristics that distinguish it from other forms of government.

• Today some nations misuse the word democracy. For example, the Democratic People’s Republic of Korea is actually a Communist-led oligarchy.


Individual Liberty

• No individual can be completely free to do anything he or she wants, but democracy works to promote the kind of equality in which all people have equal opportunity to develop their talents to the fullest extent possible.


Majority Rule with Minority Rights

• At the same time, the American concept of democracy includes a concern about the possible tyranny of the majority.

• The Constitution helps ensure that the rights of the minority will be protected.

• Democracy also requires that government decisions be based on the decisions made by the majority of voters in a free election.

Majority Rule with Minority Rights(cont.)

• Although this relocation deprived Japanese Americans of their basic liberties, the Supreme Court upheld the program in 1944 in Korematsu v. United States.

• Respect for minority rights can be difficult to maintain. For example, during World War II, the government imprisoned more than 100,000 Japanese Americans in relocation camps because it feared they would be disloyal.

Click the blue hyperlink to explore the Supreme Court case.

Endo v. United States

• A native-born citizen, Endo was fired from a California state job in 1942 and sent to a relocation center.

• The Supreme Court ruled in Endo v. United States (1944) that detaining a loyal Japanese American citizen was racist and unconstitutional.

• The Supreme Court, however, upheld the rights of Mitsuye Endo in 1944.

Click the blue hyperlink to explore the Supreme Court case.


Endo v. United States (cont.)

• In 1988 Congress acknowledged the “grave injustice” of the relocation experience and offered payments of $20,000 to those Japanese Americans still living who had been relocated.


Free Elections

• Free elections give people the chance to choose their leaders and to voice their opinions on various issues.

• They also help ensure that public officials pay attention to the wishes of the people.

• All genuine democracies have free and open elections.


Free Elections (cont.)

– Everyone’s vote carries the same weight, as the phrase “one person, one vote” states.

– All candidates have the right to express their views freely, giving voters access to competing ideas.

– Citizens are free to help candidates or support issues.

– The legal requirements for voting are kept to a minimum.

– Citizens may vote freely by secret ballot, without coercion or fear of punishment.

• In a democracy several characteristics mark free elections:


Competing Political Parties

• The Republicans and the Democrats are the two major parties in the United States, but any number of political parties may compete.

• A political party is a group of individuals with broad common interests who organize to nominate candidates for office, win elections, conduct government, and determine public policy.


Competing Political Parties (cont.)

• Rival parties help make elections meaningful by giving voters a choice among candidates and by simplifying and focusing attention on key issues.


The Soil of Democracy

• Democratic government is more likely to succeed in countries that to some degree meet five general criteria that reflect the quality of life of citizens.

• Real democracy has been rare in history because it seems to require a special environment.


Active Citizen Participation

• Participation includes informing themselves about issues, voting, serving on juries, working for candidates, and running for government office.

• Democracy requires citizens who are willing to participate in civic life.


A Favorable Economy

• In order to make independent political decisions, people must have the opportunity to control their economic lives, known in the United States as free enterprise.

• Democracy succeeds more in countries that do not have extremes of wealth and poverty and that have a large middle class.


Widespread Education

• In 1835 Thaddeus Stevens, speaking to the Pennsylvania state legislature in favor of

funding public education, said: “[I]t is

the duty of government to see that the means of information be diffused to every citizen.”

• Democracy is more likely to succeed in countries with an educated public.


Strong Civil Society

• These organizations...

• Democracy needs a civil society, a complex network of voluntary associations, economic groups, religious organizations, and other groups that exist independently of government.

– give citizens a way to make their views known.

– give citizens a means to take responsibility for protecting their rights.

– give everyone a chance to learn about democracy by participating in it.


A Social Consensus

• There must also be general agreement about the purpose and limits of government.

• A country has social consensus when most of its people accept democratic values such as individual liberty and equality for all.



Find Out• In what three ways has the United States modified its free enterprise system?

• According to Karl Marx, what was the ultimate goal of true communism?

Key Termseconomics, capitalism, free market, laissez-faire, socialism, bourgeoisie, proletariat, communism, command economy

Economic Theories



Understanding ConceptsFree Enterprise What features of the

American economy provide incentive for people to achieve economic goals?

Economic Theories

Section ObjectiveName the ways the United States has modified its free enterprise system.


• Resources include land, water, minerals, skills, knowledge, and physical capabilities.

Introduction

• Economics can be defined as the study of human efforts to satisfy seemingly unlimited wants through the use of limited resources.


Introduction (cont.)

• Governments generally regulate this economic activity.

• Because there are never enough resources to produce all the goods and services that people want, people must decide how to use these resources.


The Role of Economic Systems

– What and how much should be produced?

– How should goods and services be produced?

– Who gets the goods and services that are produced?

• Although there are many kinds of economic systems, all of them must make three major economic decisions:

• Each major type of economic system–capitalism, socialism, and communism–answers these questions differently.


Capitalism

• Pure capitalism has five main characteristics:

• Capitalism emphasizes freedom of choice and individual incentive for workers, investors, consumers, and business enterprises.

– private ownership and control of property and economic resources

– free enterprise

– competition among businesses

– freedom of choice

– the possibility of profits


Origins of Capitalism

• Two important ideas at the heart of capitalism are that people could work for economic gain and that wealth should be used aggressively.

• By the eighteenth century, Europe had national states, a wealthy middle class, and a new attitude that embraced progress, invention, and the free market.

• Capitalism developed gradually from the economic and political changes in medieval and early modern Europe over hundreds of years.


Origins of Capitalism (cont.)

• Adam Smith, a Scottish philosopher and economist, described capitalism in his book The Wealth of Nations.

• He believed in laissez-faire economics, or the idea that government should keep its hands off the economy.

• The free market meant that buyers and sellers were free to make unlimited economic decisions in the marketplace.


Origins of Capitalism (cont.)

• Competition plays a key role in a free-market economy as sellers compete with one another to produce goods and services at reasonable prices.

• In a free-enterprise economy, what to produce is determined in the marketplace by the actions of buyers and sellers rather than by the government.


Free Enterprise in the United States

• For the most part, the government’s main economic task has been to preserve the free market.

• No nation in the world has a pure capitalist system, but the United States is a leading example of a capitalist system in which the government plays a role.


Governmental Influence

– become the single largest buyer of goods and services in the country.

– increasingly regulated the economy. Examples include inspection of food and drugs, regulation of environmental pollution, and control over many banking and investment practices.

– set up social programs, such as the Social Security system, to help the millions of Americans who suffered during the Great Depression.

• Since the early 1900s, the government has influenced the economy of the United States in several ways. It has...


Mixed-Market Economy

• Even though it is a mixed-market economy, the American economic system is rooted deeply in the idea of individual initiative, and it respects the right of all persons to own private property.

• The American system also recognizes that freedom to make economic choices is a part of the freedom of political choice.

• A mixed-market economy is an economy in which free enterprise is combined with and supported by government decisions in the marketplace.


Socialism

– owns the basic means of production.

– determines the use of resources.

– distributes the products and wages.

– provides social services such as education, health care, and welfare.

• Under socialism, the government…


Socialism (cont.)

– the distribution of wealth and economic opportunity equally among people

– society’s control, through its government, of all major decisions about production

– public ownership of most land, of factories, and of other means of production

• Socialism has three main goals:


• Many workers’ living and working conditions were miserable.

• Some socialists favored violent revolution, while others planned and built socialist communities where workers were supposed to share profits equally.

• Socialism began to develop in nineteenth-century Europe as a response to the problems of industrialization.

Socialism (cont.)


Democratic Socialism

• However, the government owns the basic means of production and makes most economic decisions.

• Opponents of socialism say that it stifles individual initiative, that it has high taxes that hinder economic growth, and that it helps create big government and thus may lead to dictatorship.

• Under democratic socialism, the people have basic human rights and have some control over government officials through free elections and multiparty systems.


Communism

• In The Communist Manifesto (1848) and later in Das Kapital (1867), Marx said that the capitalist system would collapse.

• Karl Marx (1818-1883), a German thinker and writer, was a socialist who advocated violent revolution.


Communism (cont.)

• The bourgeoisie use their economic power to force their will on the workers.

• He believed that in industrialized nations the population is divided into capitalists, or the bourgeoisie who own the means of production, and workers, or the proletariat, who work to produce the goods.


Class Struggles

• Marx predicted that, as time passed, wealth would be concentrated into the hands of fewer and fewer owners, and the workers would rise in violent revolution.

• Thus, socialism would give way to communism, where one class would evolve, property would all be held in common, and there would be no need for government.

• Marx interpreted all human history as a class struggle between the workers and the owners of the means of production.


Communism as a Command Economy

• This system is called a command economy because decisions are made at the upper levels of government and handed down to managers.

• In Communist nations, government planners decide how much to produce, what to produce, and how to distribute the goods and services produced.


• Although there are different forms of communism, sometimes Communist countries have failed to provide adequate standards of living.

Communism as a Command Economy (cont.)

• In Communist countries, this means that the state owns all the land, natural resources, industry, banks, and transportation facilities, and controls mass communication.


• These governments have had to choose between change and revolt by the people, and many governments are loosening their controls and decentralizing some business decisions.

Communism as a Command Economy (cont.)

Section Focus Transparency 1-1 (1 of 2)


1. Burke felt that individual liberty and the state could not coexist; where one began, the other ended.

2. Lippmann was not in favor of big government. He favored a government that did the least possible, yet provided the most.

3. Yes; they both felt that government or the state should provide for the wants of the people.


1. OAS and NAFTA

2. Interpol, the UN, and the World Trade Organization

3. Possible responses include OPEC (Organization of Petroleum Exporting Countries), the EU (European Union), the Arab League, or the CIS (Commonwealth of Independent States).


1. representative democracy

2. oligarchy

3. No; because some monarchies, such as the United Kingdom, are democracies where the monarch’s powers are limited.


1. capitalism with mixed-market economy

2. socialism and communism

3. capitalism

This case arose out of the forced relocation and

indefinite detainment of Japanese Americans living on

the West Coast during World War II when the nation of

Japan was an enemy of the United States. The case

began when a citizen of Japanese descent, whose

loyalty to the United States was never in doubt, asked to

be released from a relocation camp. In this case the

Supreme Court held that the federal government has no

constitutional basis to detain a loyal citizen.

Endo v. United States (1944)

Click the Section Start button to return to the lecture notes.

This decision upheld the federal government’s authority

to exclude Japanese Americans, many of whom were

citizens, from designated military areas that included

almost the entire West Coast. The government defended

the so-called exclusion orders as a necessary response

to Japan’s attack on Pearl Harbor, which widened World

War II from a war against Germany to one against Japan

as well. However, in upholding the exclusion orders, the

Supreme Court established that courts will subject

government actions that discriminate on the basis of race

to the most exacting scrutiny, often referred to as strict

scrutiny.

Korematsu v. United States

(1944)

Click the Section Start button to return to the lecture notes.

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