American Government

Chapters 1 & 2

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What is Government?

Government is an institution (an organization) through which a society (group of people living as a community) makes and enforces its public policies.

Public Policies- Things a government does. Often deals with matters such as:

Taxation Defense Education

Crime Health care Transportation

Environment Civil rights Working conditions

What is Government?

Every government has three basic kinds of power:

1. Legislative Power

The power to make laws and outline public policies.

2. Executive Power

The power to administer and enforce laws.

3. Judicial Power

The power to interpret the meaning of laws and settle disputes that arise within a society.

3 Powers of Government

An Example:•The government writes a law that says German Shepherds cannot be in public parks. (legislative power)

•The government posts notices in all public parks for the law to be enforced. (executive power)

•A man is found walking a German Shepherd/Labrador Mix in a public park. The government decides whether this citizen has broken the above mentioned law. (judicial power)

*this is only an example, not a real law!

The State

Defined as a body of people, living in a defined territory, with a government and the power to make and enforce laws without consent of any higher authority.

Also called a “nation” or a “country”

Qualities of a State

PopulationThe people of a state are referred to as the “population.”

The people who make up the state (the population) may or may not share customs, a language, and/or ethnic background.

-The United States’ population is made up of people from a variety of backgrounds and who speak various languages.

Qualities of a State

TerritoryTerritory refers to the land of the state which is separated from other states by borders (often bodies of water).

Territories of the United States include* the 49 continental states, some bordering Mexico or Canada, and the islands of Hawaii.

*There are additional territories which have been acquired by the U.S. Puerto Rico is a U.S. territory. Puerto Rico has its own branches of government (legislative, executive, and judicial); however, the President of the United States serves as the Head of State. Therefore, Puerto Rico is subject to U.S. sovereignty.

Qualities of a State

SovereigntyA state is sovereign because it has absolute power within its own territory and does not answer to any other authority.

-The United States became a Sovereign State when the British lost control of the colonies after the Revolutionary War.

A sovereign state develops its own form of government and also decides how it will enter into relations with other sovereign states (foreign policy).

Qualities of a State

GovernmentEvery state is politically organized (has a government).

Governments differ from state to state.

The Purpose of Government

The following purposes of government relate to American Government and stem from the U.S. Constitution.

Form a More Perfect Union:Link the states, and the American people, more closely together. In union there is power.

Establish Justice:Set forth laws that are reasonable, fair, and impartial.

Insure Domestic Tranquility:A Government is meant to keep peace and order amongst the people it governs.

The Purpose of the Government

Provide for the Common Defense:Defend the nation, and its entire population, against foreign enemies.

Promote the General Welfare:Government serves to support the well-being of its people. Public education is one example of how the government promotes the general welfare.

Secure the Blessings of Liberty:The U.S. Constitution outlines guarantees of certain rights and liberties for its citizens.

Forms of Government

How do we classify governments?

1. By who can participate in the governing process

2. By the geographic distribution of governmental power within the state

3. By the relationship between the legislative and executive branches of the government.

*We will review these classifications in the following slides

Forms of Government

DemocracyIn a democracy, the government is conducted only by and with the consent of the people of the state (1. who can participate)

Direct Democracy: The people, themselves, decide on public policy in mass meetings. This only works when the state is small enough that everyone is able to attend meetings.

Indirect Democracy: or representative democracy. The people choose representatives to attend meetings where public policies are established. Representatives are there to speak on behalf of the people they represent.

Forms of Government

DictatorshipIn a dictatorship, those who rule decide on public policy and are not responsible to the will of the people. Those in power hold absolute and unchallengeable power of the people. (1. Who can participate)

Autocracy: A dictatorship where one person holds all of the power

Oligarchy: A dictatorship where a small group (such as a political party) holds all the power

Forms of Government

Unitary GovernmentIn a Unitary Government, all powers held by a government belong to a single, central agency. (2. geographic distribution of power)

British Parliament is an example of Unitary Government, as only Parliament and not local governments, make decisions for the state. However, Parliament is still a governing body of the people and not a dictatorship.

Forms of Government

Federal GovernmentIn a Federal Government, powers are divided between local governments and a central government; a division of powers. (2. geographic distribution of powers)

In the United States, the division of powers between the national government and the governments of the 50 states is laid out in the Constitution.

Forms of Government

Confederate GovernmentA Confederation is an alliance of independent states. The Confederate Government (or the central government) only holds limited powers granted to it by the states. (2. geographic distribution of power)

The Confederate Government typically does not have power to create laws that apply to individuals as those are decided by the states. ExamplesThe European Union (EU) was established to promote free-trade, using a common currency, among its 25 member states.

The United States operated more as separate states united by the Articles of Confederation until the creation of the U.S. Constitution and a Federal Government.

Forms of Government

Presidential Government

In a Presidential Government the executive and legislative branches are separate, independent of one another, and co-equal. (3. relationship between branches)

•The chief executive (the president) is chosen by the people, has a fixed term, and is not under direct control of the legislative branch

•The two branches are given certain powers which can block actions set in motion by the other branch, checks and balances.

Forms of Government

Parliamentary GovernmentIn a Parliamentary Government, the prime minister and the official’s cabinet (both equal the executive branch) are members of parliament (the legislative branch). (3. relationship between branches)

•Members of parliament are selected by the prime minister to be members of the cabinet

•The prime minister and members of the cabinet remain in office as long as their administration has the confidence of parliament.

Our Political Beginnings

Landmark English Documents

The Magna Carta: Signed by King John (who was forced by barons) in 1215; protected the people’s rights of life, liberty, and property; included the fundamental right of trial by jury;

The English Bill of Rights:Drawn by parliament in 1689 to prevent absolute power of future monarchs (kings and queens); prohibited a standing army during times of peace

*These are important to know because they were a reference for important U.S. documents such as the Constitution.

Our Political Beginnings

The Coming of Independence

•Colonists in North America resented Britain’s harsh tax and trade policies such as the Stamp Act of 1765 which required the use of tax stamps on all legal documents. (Parliament later repealed the Stamp Act)

•Organized resistance (revolts) formed and led to acts of mob violence, boycotts (refusal to Buy) of English goods, and other protests such as The Boston Tea party in 1773.

Our Political Beginnings

The First Continental Congress

•Delegates from every colony except Georgia met in Philadelphia beginning September 5, 1774 and were The First Continental Congress.

•The members of the First Continental Congress discussed, for nearly 2 months, plans for action against what they viewed as worsening situations in the colonies

Outcome:A Declaration of Rights, protesting Britain’s colonial policies, to King George III.

They urged each colony to boycott trade with England until the hated taxes and regulations were repealed (cancelled).

At this time, the First Continental Congress was not concerned with completely abolishing British rule, just the unfair taxes and policies.

Our Political Beginnings

The Second Continental Congress•This time, each of the 13 colonies sent representatives to Philadelphia on May, 10, 1775

•By the time the Second Continental Congress began, the Revolution had begun.

•The representatives were now concerned with the Revolution and gaining their independence from Britain and a continental army was established

•George Washington was appointed the commander in chief of the continental army and John Hancock was chosen to be the president of the Congress.

Our Political Beginnings

The Declaration of Independence•“The birth of the United States of America” as it officially announces U.S. sovereignty (independence from foreign rulers).

•Was written primarily by Thomas Jefferson who created several drafts subject to the approval of a committee which included John Adams, Benjamin Franklin, Roger Sherman, and Robert Livingston

•A final document was signed by the members of congress on July 4, 1776

The Declaration of Independence

Our Political Beginnings

State Constitutions

Constitutions- bodies of laws, principles, and structures of government- were drafted by each state. -State constitutions were independent of other states in many ways and created their own laws and regulations for trade and commerce.

Popular Sovereignty was an important common feature of the State Constitutions. Popular Sovereignty means that government can only exist with the consent of the people (the population) it governs.

The Articles of Confederation

The Articles of Confederation established “a firm league of friendship” among the states which held their own constitutions.

The Articles of Confederation took effect after formal approval, or ratification, was given by each state -Maryland was the last state to ratify (approve) on March 1,

1781.

The Articles of Confederation

Strengths• Created a unicameral government, Congress. A unicameral government has only one branch.

•Congress was given the power to declare war, make treaties, build a navy and raise an army from state troops, borrow money, establish post offices, and settle disputes among the states

•States agreed to provide the funds and troops requested by congress. They also agreed to treat citizens of other states fairly and equally and to surrender fugitives to one another.

The Articles of Confederation

Weaknesses•Each state was given one vote regardless of its population size

•Congress could not establish or collect taxes and was borrowing money it could not repay

•Congress could not regulate trade between the states

•Congress lacked power to enforce the Articles of Confederation

•There was no National Court System

•No amendments were ever made to the Articles of Confederation because it required ratification from all 13 states, which proved impossible

Creating the Constitution

The Philadelphia ConventionBegan on May 25, 1787 with delegates from 12 of the 13 states (Rhode Island chose not to send delegates)

These delegates are known as the Framers of the Constitution. -Thomas Jefferson was not a delegate but referred to these men as, “an assembly of demi-gods.”

The delegates adopted a rule of secrecy to protect themselves from outside pressures

Creating the Constitution

The Philadelphia Convention

The Philadelphia Convention was called to make revisions to the Articles of Confederation; however, the delegates soon agreed that what was necessary was creation of a new government for the United States.

Once delegates decided to re-write the government, states began submitting plans for a new U.S. Constitution.

Creating the Constitution

The Virginia Plan•Called for a government with three separate branches; legislative, executive, and judicial

•The legislative branch (Congress) would be bicameral (have 2 houses) and representation would be based on population or the amount of money the state gave to the government

•Congress would be given the power to veto state laws and use force, if necessary, to enforce national laws within the states

•Congress would choose a National Executive and a National Judiciary who could, together, veto acts of Congress

Creating the Constitution

The New Jersey Plan•Retained the unicameral Congress with each state being equally represented

•Congress would be granted limited powers to tax and regulate trade

•Called for a Federal Executive of more than one person chosen by Congress

•A Federal Judiciary would be composed of a “Supreme Tribunal” appointed by the executive

Creating the Constitution

Major issues being debated were…

Who hold the power and who grants that power? More power to the state governments or the federal governments? How much power should the executive have and who gives the executive that power?

How should states be fairly represented? How many representatives do each state get?

How should the government be structured? Should the three branches be separate? Equal? Should Congress be unicameral or bicameral?

Creating the Constitution

Compromises

The Connecticut Compromise: It was agreed that the Congress should be composed of 2 houses. In the Senate, states would elect an equal number of delegates. In the House of Representatives, the number of delegates would be based on each state’s population.

The Three-Fifths Compromise: Decided that all “free persons” are counted in state populations and all “other persons” (slaves) are counted as three fifths a person.

The Commerce and Slave Trade Compromise: Congress was forbidden from taxing the export of goods from any state. Congress was also forbidden to act on the issue of slave trade for a period of at least 20 years.

Ratifying the Constitution

The U.S. Constitution was completed and signed on September 17, 1787.

Similar to the Articles of Confederation, the Framers decided that the U.S. Constitution also needed ratification from all states in order to create unity.

Rhode Island was the last state to ratify the constitution on May 29, 1790.

Ratifying the Constitution

Federalists vs. Anti-FederalistsFederalists•Wanted to ratify the constitution•Were for a new Federal Government to resolve the weaknesses found with the Articles of Confederation

Anti-Federalists•Opposed ratification of the constitution•Were against a increased powers of a Federal Government•Wanted a Bill of Rights to cover liberties such as freedom of speech, press, religion, and the right to a fair trial

A New Government

The first new Congress convened in Federal Hall on Wall Street in New York City

George Washington was elected the first President of the United States and John Adams was elected Vice-President

*The next section of this class goes into an in-depth discussion of the U.S. Constitution