Government Sample Government Sample PowerpointsPowerpoints

2. 2. EvolutionaryEvolutionary Theory Theory – – went from went from early familyearly family [simple[simple

government] to the government] to the clanclan, to the, to the tribe tribe, to , to agricultural societyagricultural society

[could settle down and not be a nomad], [could settle down and not be a nomad], then tothen to governmengovernmentt..

*Four T*Four Theories of Howheories of How G Government overnment DDevelopedeveloped

1. Force theoryForce theory – established through forceestablished through force. The state was developed by force as one strong person or groupone strong person or group

conquered a given territorygiven territory, and then forced everyone living in theireveryone living in their

territory to territory to submit to their willsubmit to their will. When this happened, all essential

parts of the nation state were in place - people, territory, government

[political organization], and sovereignty [power within its own territory].

Early FamilyEarly Family ClanClan TribeTribe AAgricultural gricultural societysociety GGovernmentovernment

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The PresidencyThe Presidency

“I do solemnly swear that I will faithfully execute the Office of President of the United States, and will, to the best of my ability, preserve, protect and defend the Constitution of the United States, so help me God”

• Roles of the PresidentRoles of the President [The President wears a lot of hats]• Among the different roles a President must filldifferent roles a President must fill are sixsix

assigned by the Constitution.• 1. Chief ofChief of StateState – ceremonial head of the nation. He reigns and he also rules.

The President is both “a king and prime minister”“a king and prime minister”. He lights the national Christmas tree, gives medals to heroes, and throws out the first baseball.

• 2. Chief Chief ExecutiveExecutive – enforces laws passed by Congress and enforces Supreme court decisions. He enforces treaties and appoints federal judges and government officials. Oversees departments & agencies in the executive branch. Proposes laws.

• 3. Chief AdministratorChief Administrator – of a government made up of some three million civilian employees that spend about $3 trillion a year. He is the CEO heading one of the largest governmental machines on earth.

• 4. ChiefChief Diplomat Diplomat – main architect of our foreign policy and our chef spokesman to the rest of the world. Decides how our country will act towards other countries.

• 5. Commander in ChiefCommander in Chief of the two million in the Armed Forces. Presidents have sent troops into action on more than 200 occasions to protect American lives and property.

• 6. Chief LegislatorChief Legislator – Chief architect of public policies by shaping the congressional agenda. Proposes laws and veto power. Presidents have vetoedvetoed over 2,500 times2,500 times and only 104 have been overridden104 have been overridden. Can call special sessions.

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• Three other roles of the President, not mentioned in the Constitution, but based on custom and traditioncustom and tradition, are:

• 7. Chief of Chief of PartyParty – the leader of the political party in control of the executive branch. He is chief fund-raiserchief fund-raiser and also campaigns for party campaigns for party candidatescandidates. PatronagePatronage – political job appointmentspolitical job appointments reward persons who supported the President and the party during an election.

• 8. Chief CitizenChief Citizen – representative of all the peoplerepresentative of all the people and must do what is best for all of them. He is expected to represent and work for the public represent and work for the public interestinterest against many private interests.

• 9. Economic PlannerEconomic Planner – tries to make the economy run smoothly.

• 10. Chief MournerChief Mourner – “You die and I fly.”“You die and I fly.”

Teddy RooseveltTeddy Roosevelt

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• The Vice Presidency may serve any number ofany number of terms [not limited to two].

• Focus:Focus:1. What are his dutiesduties?

2. How a vacancyvacancy is filled.• Throughout history, the Vice President has been

slighted and treated as the Butt of jokesButt of jokes.• The job of Vice Presidentjob of Vice President has been described:

1. “Not worth“Not worth a a bucketbucket of of warm spit”warm spit” [John Nance GarnerJohn Nance Garner]

2. “The most insignificant office that ever the invention of man contrived or has imagination conceived” [John AdamsJohn Adams]

3. “If you had two sons and one went away to sea, the other “If you had two sons and one went away to sea, the other became Vice President, neither would ever be heard from again.became Vice President, neither would ever be heard from again.

4. “I am nothingnothing but I may be everythingeverything.”

5. “I do not propose to be buried until I am dead.”“I do not propose to be buried until I am dead.” [Daniel WebsterDaniel Webster when turning it down]

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Amendment 1. Guarantees our 5 GREAT BASIC FREEDOMS5 GREAT BASIC FREEDOMS. [“Civil Liberties” or freedom of expressions are the keystone of individual freedomkeystone of individual freedom.

a. Freedom of ReligionFreedom of Religion or not to have a religion. People may worship or not worship as they please.

The government cannot favor one religion over another [separation of church and State – no prayers or devotional reading from the Bible in school.]

b. Freedom of Freedom of speechspeech – this freedom is restricted if it harms others. We have laws against slanderslander [spokenspoken] or libellibel [written statementswritten statements] intended to damage one’s reputation.

Speech that offends the moral senseoffends the moral sense [obscenityobscenity] of others or speech that endangers the safety of the nation [military secrets] may be punished.

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c. Freedom of the PressFreedom of the Press means we can write our opinions and circulate them to others through T.V., newspapers, or magazines. This freedom also protects our right to know. Obscenity cannot be sent through the mail but may be viewed in the privacy of your own house. There can be no no prior restraintprior restraint –stopping the spreading of news before they are published or broadcast.

d. Right to assembleRight to assemble for any peaceable purpose. Any political party or interest group has the right to hold a meeting as long as they are peaceful.

e. Right to petition government officialsRight to petition government officials, or convey our opinions to them. You can get people to sign a petition and send it to government officials.

Amendment 2. Right To Keep And Bear ArmsRight To Keep And Bear Arms The purpose was to prevent Congress from denying

States the right to have a militia of armed citizens. The States and federal government can regulate the possession and use of firearms by individuals.

Amendment 4. Limits The Conditions Under Limits The Conditions Under Which Police May Search for and Seize Which Police May Search for and Seize Evidence Evidence and and People People [Privacy Amendment] [Privacy Amendment]

A. No “Fishing Expeditions”“Fishing Expeditions” by public officials [a search must be reasonable and based on probable cause].

B. In most cases, a search or arrest warrantwarrant will be necessary. The warrant must describe the specific placespecific place to be searched and the persons or things to be seizedpersons or things to be seized.

C. A police officer may chase a suspect into his house may chase a suspect into his house & not secure a warrant& not secure a warrant (this would be probable cause).

D. The Supreme Court has ruled that evidence gained as a result of an unlawful search or seizure cannot be unlawful search or seizure cannot be used used at theat the trial trial. [Exclusionary Rule–has to be excludedexcluded]

Amendment 5. Rights of Accused Persons [5-8 have to do with “rights of the accused”“rights of the accused”]

A. A person can be triedcan be tried for a serious crimefor a serious crime only if he has been accusedaccused of of that crime by a grand jurythat crime by a grand jury.

B. No one may be tried twice tried twice for the for the same offensesame offense. [Double Jeopardy clause] – no one may be put in jeopardy twice for the same offense]

C. No one may be forced to testify against himselftestify against himself or his spouse. You don’t have to answer questions by the police or the courts. [Plead the “5Plead the “5th”th”]

D. No one can be deprived of life, liberty, or property without due process of lawdue process of law [fair and equal treatment under the law].

E. The government may take private property for a legitimate public purpose; but when it exercises that power of EMINENT EMINENT DOMAINDOMAIN [taking property for taking property for public use public use], it must pay a fair price.

New Cowboys stadiumNew Cowboys stadiummeant property losses.meant property losses.

So, if the jury foreman says?So, if the jury foreman says? There will be no 2There will be no 2ndnd trial. trial.

Amendment 6. Right To A Speedy TrialRight To A Speedy Trial

A. IMPARTIAL JURYIMPARTIAL JURY. You do not have to use a jury and can have the case transferred if it has received too much publicity.

B. Right to be told what crime told what crime you are accused of you are accused of.

C. Right to hear and question all witnessesquestion all witnesses against you.

D. The right to compelright to compel [require their testimony] witnesses to appear at a trial to tell your side of the story.

E. Right to a lawyer.Marcia ClarkMarcia Clark

Amendment 7. Jury Trial In Civil Cases [not a criminal matter – but where one person sues another] Applies to all disputes in excess of $20disputes in excess of $20.

Amendment 8. No Excessive Bail or FinesNo Excessive Bail or Fines, or

“Cruel and Unusual Punishment”“Cruel and Unusual Punishment” [like torture and beheading] [The Court of Military appeals has abolished an old Navy punishment of 3 days on bread and waterbread and water as both cruel and unusual]

Tar and Tar and Feathering Feathering TheThe

““Rack” Rack”

Amendment 20. [1933] “Lame Duck Amendment”Lame Duck Amendment” A. Set new dates for the startstart of of termsterms for

Congress [January 3, instead of the first Monday of December following the election] and for the inaugurationinauguration of the President and Vice President [January 20, instead of March 4]

B. Defeated candidates were called “Lame Ducks”“Lame Ducks” suggesting that their political wings had been clipped. This shortened the time they could remain in office.

Amendment 21. [1933] Repealed Repealed the the 1818thth Amendment Amendment [Prohibition]

Amendments 22–26 deal with the presidency and with presidential elections.

Amendment 22. [1951] Two-term Limit For Two-term Limit For Presidents or Not More Than 10 YearsPresidents or Not More Than 10 Years.

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Gideon Gideon v.v. Wainright, Wainright,

19631963

Miranda WarningMiranda Warning1. You have the right to remain silent.2. Anything you say can and will be used against you in a

court of law.3. You have the right to talk to a lawyer and have him present

with you while you are being questioned.4. You have the right to stop answering questions at any time

you wish, or until you talk to a lawyer.5. If you cannot afford to hire a lawyer, one will be appointed

to represent you before any questioning, if you wish one.

Self-Incrimination: Self-Incrimination: The Miranda rule does not apply to routine traffic stops but only when you are arrested. Before questioning a juvenile (under 18), a parent/adult or attorney must be present when his Miranda Rights are read. Police now carry cards with the rules on it.

Ernesto MirandaErnesto Miranda