Politics Government The political process What government institutions are in our daily

lives The processes by which groups with different

interests and opinions reach and enforce decisions

The Constitution- it origins, purposes and protections

How power is shared among the different branches of government and on the federal and state level

Your rights and responsibilities The role of government in everyday lives Our economic system and decisions you make

and others that effect your life What is our relationship to other nations and

world affairs

Government of the People, by the People, for the People

Citizens agree to follow a set of rules and accept government authority

Government is the ruling authority in a community

Three Levels of government in America:

Federal State Local

Provide services, protection that individuals could not supply independently

A.Keeping order and providing security- laws prevent and settle conflicts, armed forces defend citizens against outside forces

B.Providing public services- services aimed at keeping public healthy and safe

C.Guiding the community- formation of public policy to achieve community goals

D.To collect and spend moneyE.Communication and cooperation with

other countries

Dictatorship- government control by small group or one person

Democracy- all citizens participate, share in governing and being governed

Began in ancient Greece 2500 yrs. ago Direct democracy- all citizens

participated, had right and responsibility, and had equal voice

Not practical in US because of large population

US has a representative democracy- citizens choose smaller group to represent them, make laws, govern

Citizens source of government authority U.S. oldest representative democracy in the

world

A. Rule of Law- All people are bound by lawB. Limited Government- Can only do what people

give it power to doC. Consent to be Governed- citizens are source of

powerD. Individual Rights- protected by governmentE. Representative Government- people elect

leaders to govern, make lawsF. Free, fair competitive electionsi. Candidates have right to freely express opinion in

publicii. One person one voteiii. Legal requirements to vote kept to a minimumiv. Majority Rule

Two way to become a citizen- birth, naturalization

Birth • born in U.S.• parents are citizens• born on U.S. soil (exception: children of

foreign diplomats)

Naturalization Aliens come to U.S. for work, school, etc.

eventually leave Other aliens settle in U.S. (immigrants) Sign statement to become citizen Live in U.S. for at least 5 years At least 18 and then file paperwork, apply

for citizenship Interview and citizenship exam Sworn in as citizen Children become citizens also

Lost for criminal behavior Stripped by government Voluntarily give it up Can’t regain it

Millions enter America only 675,000 accepted

5-6 million illegal aliens live in U.S. Many come for economic opportunity Do not have full political rights, can’t

hold government jobs Can have public services (school, health

care), own property and hold jobs

US great ethnic, religious diversity Until mid 1900’s most immigrants from

Europe Latin Americans, Asians account for

most newcomers African slavery was immigration by

force American culture is a blend of many

influences

American population grew because of immigration and natural growth

Migration- Population moved from rural areas to cities beginning in late 1800’s (manufacturing jobs)

Manufacturing is being replaced by service economy (jobs that provide a “service” for others)

America is aging Hispanics fastest growing ethnic

group

Bound by common civic and political heritage Declaration of Independence, Constitution, Bill of Rights Ideas of liberty, popular sovereignty, equal justice

under the law, majority rule English language creates unity

Influenced by English government, settlers brought history of limited government

Magna Charta- placed limits on kings power, right to jury trial, equality under law

Advisors to king eventually became Parliament (a representative, lawmaking body)

1689 English Bill of Rights

1) Parliament supreme power2) Monarch had to summon Parliament

regularly3) Parliament had power over money4) Monarch could not interfere with

Parliament5) Guaranteed trial by jury 6) Principle of habeas corpus- person

could not be held in jail unless charged with specific crime

No written laws in early England Custom had force of law Courts decisions became basis of laws Judges decided cases, used precedent

(ruling from an earlier case that was similar) to make consistent ruling

System based on precedent and custom- common law

1600’s, 1700’s English settlers bring political traditions to colonies

Charters- gave colonists right to est. governments, guaranteed colonists rights of Englishmen

1619 House of Burgesses 1st representative assembly in America

1620- Mayflower Compact set up government, majority rule, established direct democracy in America

Colonial Resistance to Rebellion Separated from Great

Britain by an ocean, American developed tradition of self government

By 1733 all 13 colonies had own government

Governor, legislature Colonies began to make

more of their own decisions w/o help from Britain

Mid 1750’s British policies change, took a more active role in lives of American colonists

After French & Indian War, Britain places taxes on colonies to pay for war

Stamp Act “No taxation without

representation!” Colonies boycotted, led to

beginning of end to British rule Declaratory Act (1766) British

could make all decisions for colonies

Townshend Acts (1767) Glass, tea, lead, paper

Colonists boycott Tea Act of 1773 led to Boston

Tea Party 1773 Coercive or Intolerable

Acts- restricted legal rights, allowed British soldiers to search homes

Movement Toward Independence Colonists band together against

Intolerable Acts First Continental Congress

1774, 12 colonies sent delegates to Philadelphia

establish political body to represent American interests and challenge British control

Sent a document to King George III demanding rights of colonists be restored, extend boycott

King George responded with force

War begins in Mass. Colonists question British

loyalty People talk about

independence 1775 Second

Continental Congress Common Sense by

Thomas Paine published, provided rationale for independence

January 1776 called for complete independence

Congress appoints committee to write a document to announce the colonists independence

Thomas Jefferson main writer Declaration of Independence –

A. rights of individualsB. purpose of gov’t to protect people’s rightsC. Gov’t based on people’s consentD. People entitled to overthrow gov’tE. Abuses of King George III

July 4, 1776 approved by Continental Congress

1782 Americans defeat British

Inspired by Enlightenment ideas, questioned traditional roles of government and society

John Locke1. People had natural rights-

life, liberty, property2. Gov’t has obligation to

people3. Best government is limited4. Idea of popular

sovereignty- freely elected government

States started to prepare new constitutions to replace their colonial charters

All states established similar governments

Most had a bicameral legislatures Like Parliament

Membership of the houses selected differently

All states had a governorElected by legislature or citizens Job was to carry out laws

Judges and courtsTo interpret laws

Most had a Bill of RightsGuaranteed basic freedoms and protections

Loosely unified under the Articles of Confederation, first constitution of the US

States could not do everything individually, needed a national government

Established a system of cooperation among the independent states

Unicameral legislature, one vote per state Congress controlled the army, dealt with

foreign countries – all with limited power States afraid to give Congress the power to

enforce laws or tax Congress could ask states for money, but could

not enforce anything

Lack of Power and Money~Congress had no power to collect taxes. no power to regulate trade. no power to enforce its laws.

Lack of Central Power~No single leader or group directed

government policy.~No national court system existed.

Rules Too Rigid~Congress could not pass laws without the

approval of 9 states.~The Articles could not be changed without the

agreement of all 13 states.

1781 all 13 states had ratified the A of C

US able to work through these weaknesses and win the Revolutionary War

US had a large debtBorrowed money to fund warStates had a large debt

States taxed goods from other states and countries

States taxed citizens Congress could do nothing about this

1786 & 1787 – riots broke out b/c people afraid for their safety and property

Shays Rebellion Farmer in debt due to heavy taxes Courts wanted to take farm Felt state should not be able to Led an armed uprising of farmers Quick rebellion; yet noticed by the

country Demonstrated weakness of

articles, no federal or central power to deal with crisis

1787 – delegates sent again to Philadelphia to revise the A of C

1 – What is the difference between a bicameral and unicameral legislature?

2 – Explain what you think the biggest weakness was of the Articles of Confederation.

3 – Why do you think most early state constitutions made the legislature supreme?

1787, Congress agreed – there were major problems w/ A of C

Delegates met in Philadelphia RI did not participate – leaders

opposed a stronger central gov’t 55 men- variety of professions, many

future political leaders All white men, all had financial or

political interest in success of America Thomas Jefferson, John Adams not

present

Initially to revise A of C Decided a revision was

not enough Decided to discard A of

C & write a new constitution

All wanted to strengthen the national government

Leader of convention was George Washington

Discussions kept secret from public

Ideas Included in new constitution

1. Limited government2. National government to protect

fundamental rights, protect common good

3. Separation of powers and checks and balances

4. Representative to represent common good

Two Opposing PlansVirginia Plan, developed by James

MadisonA. government with three branches:

legislative branch, executive branch, judicial branch

B. legislative branch- two houses, states would be represented by population

Plan appealed to delegates from Mass., Pennsylvania, New York, and Virginia, Why?

Two Opposing Plans The New Jersey Plan

A. The small states, feared large states would dominate legislature

B. New Jersey Plan, legislature would only have one house and each state would get just one vote

The small states approved this plan while the large states did not- both sides were left arguing

The Great Compromise (Connecticut Compromise) After 6 weeks Roger Sherman of Connecticut came up with

answer His committee proposed that Congress have two houses; a

Senate and House of Representatives Each state equal representation in the Senate House of Representatives, representation based on

population After much debate, the delegates decided to accept

Sherman’s plan which historians call The Great Compromise

The Three-Fifths Compromise Delegates did not know how to

calculate slaves for purposes of representation

550,000 African Americans were slaves in the southern states, wanted to count them as part of their population

Gave southern states more voting power even though slaves did not have the right to vote

Northern states opposed the idea b/c slaves could not vote or hold office so they should not be counted in the population

Solution: Three –Fifths Compromise- 5 slaves would count as 3 free persons; number used to figure representation in Congress

Compromise over slaves and tradeTrade

North – Congress should be able to regulate foreign and interstate trade

South – Thought Congress would tax exports (goods sold to other countries)

South sold agricultural products to other countries, would cost them $$$

Slave Trade South worried Congress would stop slaves

from coming to US

Compromise- the southern states agreed that Congress could regulate trade as long as they would not tax exports or interfere with the slave trade before 1808

Some delegates thought that Congress should choose the president

Others believed that citizens should vote for the president

The compromise- electoral college

Voters in each state to choose the president based on popular vote with the majority giving the state’s electoral votes to a candidate

Approval On Sept. 17, 1787,

Constitutional delegates signed the constitution

Needed ratification of 9 of 13 states to become law of the land

Federalism- power divided between the federal government and the states

Weakness of the A o C supported argument Supporters of the constitution Federalists Opposed the Constitution -Anti-Federalists Believed Constitution gave too much power to the

national government, took too much away from states

Constitution failed to provide protection for individual liberties i.e., speech and religion

Anti-Federalists promised to adopt the Constitution if a Bill of Rights was added

Turned the tide for approval June 21, 1788, New Hampshire 9th state to approve

the Constitution Last state to approve was Rhode Island(1790),

made 13 independent states one nation, the U.S.A.

The Constitution and Its PartsThe Preamble (1st Part)

Constitution has 3 main parts:1. Preamble2. 7 Articles describe the structure of

the gov’t3. 27 Amendments (First 10 are Bill

of Rights)The Preamble begins with “We the People of the United States do ordain and establish this Constitution for the U.S.A.”

The middle part of the Preamble states 6 purposes of the government:

“To form a more perfect Union” :unite states effectively

“To establish Justice” : fair laws and courts “To insure domestic Tranquility” : maintain

peace and order “To provide for the common defense”: to

protect citizens from foreign attacks “To promote the general Welfare”: help

people live healthy and happy lives “To secure the Blessings of Liberty to

ourselves and our Posterity”: guarantee the freedom and rights of Americans

The ArticlesArticle I: The Legislative Branch

Congress has two houses-the Senate, House of Representatives

process of electing members for each house Congress must have a majority of members vote

yes to pass a law powers that Congress does have such as collecting

taxes, coining money, and declaring war

Article II: The Executive Branchprovides for a law-enforcing

branch of gov’t with a president and vice president

explains how they are elected and the powers they have

Article III. The Judicial Branchinterprets the laws and sees that

they are fairly appliedcalls for The Supreme Court and

lower federal courts

Article IVstates must respect each other’s laws, court

decisions, and records Article V

Gives the right for amendments to be made to the Constitution

Article VIDeclares Constitution is the “Supreme Law of

the Land”State laws and court decisions can’t conflict

with federal laws Article VII: Constitution would take effect when

9 states had ratified it

The Amendment Process: Proposal and Ratification Thousands of Amendments have been

proposed: only 27 have been accepted The Process involves two steps: proposal

and ratification Amendment may be proposed in 2

waysa. 2/3 of the members of Congress b. National convention requested by 2/3 of

the states’ legislatures Ratification

Once an amendment has been proposed successfully, ¾ of the states must ratify it by a vote of state legislature

All Amendments so far have been by Congressional action (except 26th)

Other than amendments, there are ways change the Constitution

Interpretation Framers wrote a general document that

leads to many interpretations Necessary & Proper Clause

Congress to make all laws it deems “necessary and proper” (Article I)

“implied powers” Congress allowed to exercise powers not specifically listed in the Constitution- Americans differ on what laws are necessary and proper (Article I, Sec. 8)

Supreme Court has the final authority on Constitutional interpretationsSometimes strict and other times loose

interpretations (depends on judges)Gov’t changes with each interpretation

Congressional & Presidential Actions can affect Constitutional interpretation

Custom allows for interpretation as well

5 Fundamental Principles of How the Gov’t Operates

I. Federalism Government power divided federal, state, local level Expressed, Reserved, and Concurrent Powers

Expressed Powers: powers specifically granted to the national government

Reserved Powers: powers specifically granted to the states (establishing schools, marriage and divorce rules)

Concurrent Powers: powers that national and state gov’ts have (collecting taxes, borrowing money, and setting up courts and prisons)

II. Popular Sovereignty Definition: Power lies within the people Given to citizens by the right to voteIII. The Rule of Law government is limited by rule of law, the law

applies to everyone, even those who govern

IV. Separation of Powers To protect against abuse of power by

one person or group, the founding fathers divided the gov’t into 3 branches each with different functions

French philosopher Baron de Montesquieu believed this separation was the best way to protect liberty

Thomas Jefferson “I am persuaded no Constitution was ever before so well calculated as ours for… self-government”

V. Checks and Balances Keeps any one branch from

becoming too powerful Each branch is able to check, or

restrain the power of the others Examples:

President can veto laws proposed by Congress, appoint Federal judges

Congress can block presidential appointments and treaties, control spending, remove the president from office

Supreme Court can overturn laws and executive policies

Supremacy of the Constitution (supremacy clause)-if state and national laws conflict, national laws win out U.S. constitution is durable

and adaptable; values democracy, individual liberty, and justice under the law

Chapter 4

Founders of US believed in protecting individual rights, providing for safety and well being of citizens

Bill of Rights places limits on powers of gov’t.

Protects civil liberties Five basic freedoms

protected in 1st Amendment: religion, assembly, press and to petition the government

Freedom of Religion The U.S. has freedom

of religion, first colonists came to the U.S. from religious persecution

Prohibits gov’t from establishing official religion in US

Freedom of Religion allows Americans to practice any faith as they wish

Freedom of Speech First amendment guarantees

that we can say whatever we want without gov’t persecution

Internet communication, art, music clothing interpreted by Supreme Court as speech

1969: Supreme Court declared armbands a form of speech

Allowed students to protest the Vietnam War by wearing black armbands (Tinker vs. Des Moines Independent Community School District, 1965)

Freedom of the Press

Freedom of the press allows books, newspapers, magazines, radio, TV, and computer networks to print and broadcast anything without fear of censorship by the gov’t

This allows the U.S. to have a wide variety of beliefs and ideas

Freedom of Assembly Right to gather in groups for any reason as

long as the assemblies are peaceful Right to form and join social clubs, political

parties, labor unions, and other organizations

Freedom to Petition Right to express your ideas to the

government, do they always respond?

Security Comes First Supreme Court has decided safety and

security of Americans justify limitations on our First Amendment freedoms

You do not have freedom to provoke a riot or violent behavior

Not free to speak or write in a way that leads to criminal activities or overthrow government

Use civil liberties responsibly, they cannot interfere with the rights of others

You may criticize gov’t officials but you may not spread lies that harm that person’s reputation

Slander is spoken and libel is printed The 1st Amendment never intended to allow

Americans to do whatever they please, nation and its communities come before the rights of the individual

Protecting the Rights of the Accused The right to fair and legal treatment

protected by the Bill of Rights 4th, 5th and 6th Amendments The Fourth Amendment

Protects against unreasonable searches and seizure, gov’t and police cannot search your home or take your property without good cause

Police can ask a judge to issue a search warrant if they believe that you have committed a crime which gives them the right to search your property

The Fifth Amendment Protects rights of the

accused Cannot be put on trial for

serious federal crime without and indictment from a grand jury

Protects people from double jeopardy, accused of a crime and found not guilty may not be put on trial again for the same crime

Protects accused person’s right to remain silent, against self-incrimination, testifying against yourself

May not be denied life, liberty, or property without due process of law (following legal procedures)

Protects citizens’ property rights by limiting the gov’ts power of eminent domain: right of the gov’t to take private property for public use

The Sixth Amendment Gives due process to people accused of crimes, it requires that: They be told of the charges It guarantees them trial by jury A speedy and public trial, Right to hear and question witnesses, call witnesses in their defense Have an attorney even if they cannot afford one Supreme Court ruled after amendment written that the gov’t must

pay for attorney

The Eighth Amendment prohibits excessive bail Bail- sum of money

used as a deposit before a trial in order to get out of prison

If the accused appears for court then the bail is returned, if not it is forfeited

Forbids excessive fines for people convicted of crimes

Forbids cruel and unusual punishment

Second Amendment Debate over what it means; Some argue its only for states to maintain “a well regulated

militia” allowing the members to carry arms Others say it guarantees the right for all citizens to “keep

and bear arms” without gov’t interference Courts have ruled that the gov’t can pass laws to control

but not prevent firearm possession

Third Amendment Housing and feeding troops was one cause

of American Revolution Says that in peacetime, soldiers may not

be housed in private homes without consent of the homeowner

During war, it must be authorized by government

Seventh Amendment Concerns civil cases (disagreements

between individuals) Right to jury trial in cases that involve

more than $20 Does not require jury trial Judge can decide case

Ninth Amendment Says that citizens have other rights

beyond those listed in the Constitution, i.e. the right to privacy

Protects medical records, freedom from gov’t interference in our personal affairs

These unwritten rights may not be taken away

Tenth Amendment Any powers not specifically given to the

national gov’t are reserved to the states or the people

Education, Marriage, and Slavery are such issues Prevents Congress and the President from

becoming too strong

For many years after the passage of the Bill of Rights, state and local gov’ts were not bound by its terms and some states passed laws that violated civil liberties

The 13th, 14th, 15th, Amendments known as the Civil War Amendments

African Americans were slaves in the south until 1865 when three Civil War Amendments were passed

13th: officially outlawed slavery in the United States and this freed thousands of African Americans

Outlawed forced labor except as punishment

14TH Amendment (1868) Passed to prevent southern states from keeping

African Americans from holding jobs, denying them property , and other restrictions

Every state must grant its citizens “equal protection of the laws” and defines a U.S. citizen as anyone “born or naturalized in the U.S.”

The intent of this amendment was to make the Bill of Rights binding for state gov’ts as well as the national gov’t (nationalization of Bill of Rights)

Ignored until 1925 when the Supreme Court ruled in Gitlow v. New York that the 14th Amendment applies to free speech

After this case Supreme Court interpreted that all of the Bill of Rights applied to the state and federal level

15th Amendment (1870)

Says that no state may take away a person’s voting rights on the basis of race, color, or previous enslavement

This amendment was aimed to give suffrage to African Americans but southern states still found ways around it

Did not apply to women

17th Amendment (1913) Allows voters to elect their

senators directly instead of the previous system where state legislatures had elected them

Gave people greater voice in gov’t

19th Amendment (1920) Gave women the right to

vote in all national and state elections

The 23rd Amendment (1961) Allows the residents of Washington D.C. to

vote for president and vice president The 24th Amendment (1964) Made poll taxes illegal in national and state

elections; this prevented some southern states from keeping poor citizens from voting

The 26th Amendment (1971) Sets the voting age at 18, this allowed

teens who were fighting for the army to be able to vote

This was done while America was involved in the Vietnam Conflict

Background of the Struggle Post civil war, African Americans

faced discrimination Discrimination – unfair

treatment based on prejudice against a certain group

South had “Jim Crow” laws Separation in pubic places

Segregation Legal separation of the races

Civil Rights were needed The rights of full citizenship and

equality under the law

African Americans seen as “second-class citizens”

National Association for the Advancement of Colored People (NAACP) established in 1909 by African Americans and whites Worked through courts to challenge laws and

customs 1910 the National Urban League founded

To aid in finding jobs and getting ahead in life Civil Rights Movement gradually developed

from these and other groups and other involved people Millions supported the movement

1948 – Truman ordered end to segregation in armed forces 1954 – Brown v. Board of Education of Topeka, Kansas

Argued segregated public schools unconstitutional Segregation violated Amendment XIV’s principle of equal

protection under the law 1950s – Dr. Martin Luther King, Jr. became one of the main leaders of

the civil rights movement. Baptist minister, great orator Believed in nonviolent resistance Helped organize marches, boycotts, and demonstrations

“Sit-ins” “Freedom Riders” Some whites responded with

violence. Civil Rights Act of 1964

Passed by Congress Prohibited discrimination in

public facilities, employment, education, voter registration.

Banned discrimination by race, color, gender, religion, and national origin

Amendment XXIV eliminated poll taxes

Many gains since the 1960s civil rights movement for all minorities

1970s – affirmative action programs Encouraged the hiring and promoting of minorities and

women in fields that were traditionally closed to them. Colleges also practiced this.

Affirmative Action controversial from the beginning Some saw it as reverse discrimination

Gratz v. Bollinger (2003) – Supreme Court struck down a point-based system at the U of MI to give more points to minority applicants

People still face workplace discrimination, racial profiling, hate crimes

1 – List examples of discrimination that African Americans faced after the Civil War.

2 – What was the purpose of the Civil Rights Act of 1964?

3 – Why was the Civil Rights Movement started?

4 – After looking at the chart on page 114, which of the acts/cases do you think was most significant? Why?

5 – How did MLK hope to change unfair laws? (what were his tactics?)

6 – On what was “Jim Crow” based?

7 – Can you think of an area where civil rights is lacking today?