U.S. Government: Unit 2

Fall 2012

Foundations of Government

The ideas and beliefs that gave rise to the American system of

government

Roots of American Democracy

Athens: Direct DemocracyCitizens participate directly in all decision-

makingExamples: Colonial New England Town

Meetings, initiative. referendum, and recall

Classic Roots Of American Democracy

Rome: Republic / Representative DemocracyDecisions made by representatives elected by

the citizensExamples

US CongressMissouri General Assembly (state legislative

branch)Eureka City Council

Classic Roots of American Democracy

English Roots of American Democracy

Magna Carta (1215)

Agreement between the English Nobles and King John

Limits kings power by protecting nobles from unfair rules and laws

Magna Carta EstablishesRule of Law

Government is based on clear and fairly enforced laws

No one is above the law – not even the king!

Due Process: No one can be deprived of life, liberty, or property without fair legal procedures and safeguards

trial by juryright to lawyer.right to remain silentsearch warrantsHabeas Corpus: right of

the accused to be brought before a judge and be charged with a crime (48 hours)

Examples of the Rule of Law

Petition of Rights (1628)Establishes principle of Limited GovernmentGovernment (in this case the king) is not all-powerful Individuals have certain rights that cannot be taken

away

What can’t our government do?

What rights do we have that cannot be taken away?

English Roots of American Democracy

In the last 20 years,what new idea has

changed society the most?

1600-1700s CE

Enlightenment ideas that were revolutionary Government from the bottom up not top downReaction against absolute monarchy

Age of Enlightenment

Enlightenment Philosophers

First to see government as a contract between people & ruler

People are naturally nasty, mean, selfish

They need a strong leader (MONARCH) to protect them from themselves!

People give up some freedom to an absolute ruler in exchange for peace and order (protection)

Thomas Hobbes

John LockeAll people are equal

All people have certain natural rights rights you have by

being humansometimes called

individual rightsLife, liberty, propertyCAN’T BE TAKEN

AWAY!!!!

Social Contract Theory

People give up some of their rights/freedoms to government

Government is to protect rights of people

IF the government does not protect the rights of the people, the people can overthrow the government and get a new one!

John Locke

Baron de MontesquieuSeparation of Powers: Power

should be divided among the branches of government

Executive: enforce lawsLegislative: make lawsJudicial: interpret laws

Prevents one part of government from becoming tyrannical, abusive, etc.

Jean-Jacques RousseauPopular Sovereignty:People should have the ultimate power in government

“The consent of the governed”

“The general will of the people”

Steps Leading Up to the Constitution

Mayflower Compact (1620)First example of direct democracy in colonies Signed by 41 men on Mayflower

Colonial Experience

Virginia House of Burgesses: 1st example of Representative Democracy /

Republic / Indirect (1619)

Colonial Experience

Early relationship between England and the colonies was one of benign neglectColonists managed their own affairs due to

geography

Britain’s need for money changes everythingWon the French and Indian War (1760s)Colonists should help to pay to defend the

territoryImpose new taxes that colonists do not like

Colonial Experience

First Continental CongressCalled for a peaceful

opposition to British policies

Send letter to King George asking him to change his evil ways

Britain ignored colonies and responded with violence

Form Continental ArmyWashington to lead armyDebate independence from Great Britain

Eventually commission Declaration of Independence to be written.

Second Continental Congress

The Ultimate Break-Up Letter:The Declaration of Independence

Written by Thomas Jefferson

Approved on July 4th, 1776 by the Second Continental Congress

Second Continental Congress makes decisions

Our first plan of government is written and approvedThe Articles of ConfederationNot until 1781 – the war is almost over!!!!!!

During our Fight For Independence

Mayflower Compact . . . . First what?House of Burgesses . . . . . First what?Articles of Confederation . . . . First what?

Why is the Declaration of Independence an example of Locke’s social contract theory?

Petition of RightsMagna Carta

Do you know

Magna CartaPetition of RightsHouse of BurgessesArticles of

ConfederationDeclaration of

IndependenceMayflower CompactRule of LawLimited GovernmentNatural Rights

Popular SovereigntySocial ContractSeparation of PowersRome and AthensHabeas CorpusDue ProcessLegislative,

Executive, judicial branches

Hobbes, Locke, Rousseau, Montesquieu

Do You Know . . .

Lesson 3: Articles of Confederation

Our 1st attempt at NATIONAL governmentState governments existed as well

Confederation: Power is concentrated in the states and not the national government

Bad experience under the strong central government of Britain

Allowed states to do their own thing, but prohibited the states from acting as one nation to solve problems facing the young USA

Articles of Confederation (1781-1787)

Government made up of a Congress (Legislative Branch)Unicameral: one house or partEach state to have at least 2 delegatesEach state to have one vote

Missing in the government:Executive BranchJudicial Branch

Articles of Confederation

Weakness of Articles of Confederation

Problem Created Fixed in Constitution

No executive branch No way to enforce laws passed by

Congress; states can do what they want

Executive Branch:Main duty to Enforce

the Laws

No judicial branch No way to settle disputes between states or people

Judicial Branch: Main duty to

interpret lawsSupreme Court

established

Congress had one house (unicameral); each state had only

one vote.

Representation in Congress is unequal

among the states

Bicameral Congress(two houses)

1 based on population1 equal

representation

Congress cannot regulate trade with other countries or

among states

Economy suffers Congress can regulate trade

Weakness of Articles of Confederation

Problem Created Fixed in Constitution

Congress cannot tax No money to fund the government

Cannot repay debts

Congress can tax

9/13 states needed to pass laws

Difficult to pass laws Simple majority(half +1)

needed to pass laws

13/13 states needed to amend (change) Articles of Confederation

Almost impossible to do

Easier, but still hard to propose and ratify

amendments

No national currency Hurts economy Congress can print money

States joined loosely together in a “league of friendship”

Not really one country

Act on their own

federal system,“Form a more perfect

union

ReviewOur 1st form of national government

NameSet-up and why?Define unicameralDefine bicameralBranches included and excludedOther weaknessesHow were weaknesses fixed in the Constitution

Constitutional Convention

Who: 55 Delegates from 12 states (no Rhode Island)When: May 25 - September 17, 1787Where: Philadelphia, PAGoal: Met to revise the Articles of Confederation

Constitutional Convention

They decide to write a new plan for government . . . the Constitution!

Notable Delegates

Meetings kept secret!!

Side 1: Virginia PlanBicameral (two house) legislature Representation in both houses based on population

Side 2: New Jersey PlanUnicameral (one house) legislatureRepresentation is equal

Key CompromiseHow should representation in Congress

be determined?

The Great Compromise(The Connecticut Compromise)

Created a bicameral (2 house) legislature to make lawsSenate: equal

representation (2 per state)

House of Representatives: Representation based on population

Northern States:Count slaves for taxes but not for

representationSouthern StatesCount slaves for representation but not for

taxes

Key CompromiseShould slaves be counted in

population for representation and taxes?

Slaves will be counted as 3/5ths a person for representation and taxes

3/5ths Compromise

Constitution signed by delegates September 17, 1787

Sent to the states for ratificationRatify means to approve9/13 states needed to ratify

Ratification of Constitution

Opposed the Constitution -- 2 main complaintsNational government in Constitution

was too powerful –power taken away from states

No list of rights (bill of rights) to protect people from strong national government

Anti-Federalists

FederalistsPeople who supported the ratification of the Constitution

Need a strong national government with power shared with the states

No need for a bill of rights because separation of powers will make it impossible for government to take away the people’s rights

Essays written to gain support for ratification of the Constitution

Over 80 persuasive essays, written anonymously

Federalist Papers

Bill of Rights is to be added to the Constitution to satisfy Anti-Federalists10 Amendments (changes) to ConstitutionAmend means to changeProtects people from the national governmentAmendment 10: Basis for state power

9th state (New Hampshire) ratifies Constitution 1788Washington elected President 178913th state (Rhode Island) ratifies in 1790Bill of Rights added 1791

Final Compromise

1. Two part legislative branch2. First 10 amendments3. People who supported the Constitution4. To approve5. To change6. First form of gov’t after independence7. One part legislative branch

Quiz Check: Define the following . . .

8. Who had power under the Articles of Confederation?

9. Why (to #8)10. Branch(s) in A of C? Branch(s) missing?11. Original goal of Constitutional convention?12. What happened instead?13. Who supported the New Jersey Plan?14. Who supported the Virginia Plan?

Answer this . . .

15. What was the compromise on representation in Congress?

16. What did the 3/5th Compromise do?17. Two fears of the Anti-Federalists about the

Constitution.18. How did the supporters of the Constitution

spread their ideas?19. How is representation in the House of Reps

determined? The Senate?20. What was the final compromise on the

Constitution?21. List 2 weakness of A of C and the fixes in

the Const.

Don’t forget