Transcript Slide 1

Monarchy
Head of state is a king or queen
Abdullah Bin Abdulaziz Bin Abdulrahman Bin
Faisal Bin Turki Bin Abdullah Bin Muhammad
Bin Saud and the Saudi Arabian Parliament
Constitutional Monarchy
Monarch is a ceremonial figurehead (head of
state); the government is led by another entity
usually a prime minister (David Cameron) who
leads Parliament
Dictatorship
Single person or small group of people
has governmental power
Either not elected
(Charles Taylor of
Liberia) or “elected”
through unfair
elections manipulated
by those in control
(Saddam Hussein and
the Baath Party in
Iraq)
Dictatorships (continued)
Autocracy: rule of a single person
such as
Adolph Hitler,
Benito
Mussolini or
Kim Jong Il
Oligarchy: rule by a small group such as
the Politburo of the former Soviet Union
or the Politburo of present day China
Dictatorships (continued)
Authoritarian: leaders only answer to
themselves, not to the people
Totalitarian: complete control
over all aspects of citizen’s
lives—political, religious,
social, cultural. . . Josef Stalin
Kim, Hitler, Saddam Hussein
Dictatorships (continued)
Totalitarian governments control
society through:
Secret police/vast security networks
Large propaganda
networks
Nazi Minister
of Propaganda
Joseph Goebels
Define the term “democracy.”
Democracy come from
the Greek words “demos,”
which means the people,
and kratos, which means
authority or power.
Democracy means “government by the people.”
Are there different types of democracy?
Direct democracy—citizens come together
to discuss and pass laws and select leaders.
Initially in English a pejorative term meaning
mob rule. Ancient Athens and modern
New England town meetings
Are there different types of democracy?
Representative democracy—(republic) those
who have governmental authority get and retain
authority directly or indirectly as a result of
winning free elections in which all adult
citizens are allowed to participate.
Hey Simoncini, it’s
Justina disguised as a
super-smart guy. So
what’s all this stuff
about the benchmarks
of democracy? I think
our groups should
discuss them.
Popular sovereignty
• Government policies reflect popular wishes
• Leaders selected through popular elections
• Elections are free and fair
• Popular participation
• Available high-quality information
• Majority rule
Political equality
Political liberty
Discuss each and provide examples of how
the U. S. does/doesn’t reflect it
OK, that was cool. But,
aren’t there objections
to liberal democracy? I
think we should discuss
those as well.
Majority tyranny threatens liberty
Irrational and incompetent people
Majoritarian democracy threatens minorities
Discuss each and provide examples of how
The U. S. does/doesn’t reflect it
What is the challenge of a constitutional
democracy?
Citizens must be constantly engaged in judging
whether power is being used wisely, or whether
power is being used to corrupt and to cause an
undesirable loss of rights, freedoms and liberty.
•Government by the people requires a
segment of the population to be attentive…
•It requires faith concerning our common human
enterprise
•It requires people to be constantly concerned
about whether we are being tolerant and
protective of the rights and opinions of others
This is pretty cool,
Simoncini. But, I really
am interested in finding
out what people think
about how democratic
we are as a nation.
May we please talk
about that topic?
•Questions about popular sovereignty
•Questions about political equality
•Questions about political liberty
Groups: evaluate each issue with regard to the
United States and the U. S. government.
Oh nooooo,
Haley. We
have a history
lesson.
Simoncini,
what’s
next?
What are the historical roots of the U. S.
Government?
Divine Right of Kings
Belief that monarchs chosen by
God; thus only responsible to God
Belief held in continental Europe
Kings had absolute power—greater
power over nobility.
Henry II (1154-1189)
Trial by jury—no more
courts of feudal lords
(i.e. trial by combat)
12 men answered questions about case
Did not decide innocence or guilt
Judges’ decisions used as precedence
Common law—reflected customs and
principles established over time
King John
Unpopular brother of
Richard Lion Hearted
Tried to raise taxes to pay for war with
France (unsuccessful)
Noblemen rebelled
Magna Carta (1215) Source of the
traditional British respect for individual
rights and liberties
Magna Carta
Contract between king and nobles
Limited power of monarch—had to rule
according to laws
Taxes could only be levied based on
“common consent of our kingdom”
over time: through Parliament.
Right to due process (have law work in
known & orderly ways). Protection of
the law & jury trials
Edward I
Needed funds for war
with France (1295)
Wanted wide support: called meeting of
all nobles, knights and burgesses
“What affects all, by all should be
approved.”
Convened the Model Parliament—voted
on taxes, made reforms and laws.
Parliament by mid-1300s
Bicameral legislature
House of Lords
House of Commons
Nobles & bishops
Knights & burgesses
Controlled purse
strings
Further limited power of the monarch and
established principle of representation.
Charles I (Stuart)
Succeeded James I in 1625
Asked Parliament for money (via
taxes)
In exchange, Parliament forced Charles
to accept the Petition of Right, which
demanded an end to:
•Taxing without Parliament’s consent
•Imprisoning citizens illegally
•Housing troops in private homes
•Military government in peacetime
William & Mary
Mary Stuart and William of Orange became
co-rulers of England 1689
Glorious Revolution—turning point in
English constitutional history.
With monarch’s power limited by the
Parliament, a constitutional monarchy
English Bill of Rights--1689
Formal summary of the rights and
liberties considered essential.
Limited monarch’s power
Free speech in Parliament
Parliament had to approve any
suspension of laws, taxes or
forming of a peacetime army.
No excessive bail or cruel/unusual
punishment
Frequent meetings of Parliament
How would you summarize the history of
English government that we have covered
thus far?
Movement toward more popular sovereignty
Movement toward a republican form of gov’t
Some attempt at separation of powers within
the government & checks and balances
Movement toward more limited government
Establishment of more individual rights
These are all fundamental precepts of the U. S.
Constitution. But there is one more very important
one. Does anyone know what it is? Federalism
Hey, Simoncini. This is all
nice stuff. But this course is
supposed to be about United
States government. How
does it all apply to how OUR
government came about?
Good point, Mr. President. All of
that information is important
background, as our government
is derived largely from the
English tradition. But, you are
right. Let’s now look at the roots
of American government.
OK, go back into your
groups and brainstorm
how the United States
came to be, from a
series of colonies to a
united nation.
Different colonies:
different reasons for
colonizing.
Plymouth/Mass. Bay:
religious freedom
Virginia:
economic
PA & NY: debt from
Charles II to backers
Georgia:
a refuge for debtors;
military buffer
Colonial governments—at first little interference
from England
Chesapeake: at first, almost military
After riches
Owned by a Joint Stock
Company (corporation):
a proprietary colony
John Smith: took charge to
save the colony.
Later, the JCS appointed a governor
July 30, 1619—first meeting of House of Burgesses
First legislative assembly in America
Make local laws that could be vetoed by either
the governor or the Board of Directors in
England
Plymouth Plantation/Massachusetts Bay
Religious freedom
Theocracy: oligarchy (rule
of a few) run by church
leaders
Roger Williams rebelled,
promoted separation of
church and state; banished;
escaped and founded
Rhode Island
Pennsylvania
Granted by Charles II to
William Penn, Sr. in repayment
for assistance during Civil War
Along with New York (New
Jersey) and the Carolinas,
known as a Restoration Colony
Penn willed to his son, William, a Quaker, who
established an open colony with universal male
citizenship/suffrage. A proprietary colony—loose
association with the Crown
From beginning, all
colonies had a governor
Mercantilism—colonies
as a means to national
wealth—push & pull
Eventually, all colonies
converted to royal
colonies, with governors
appointed by king/
parliament
The colonies also had different economic
activities as well as geographic aspects
New England-mountainous, rocky soil,
fishing, lumber, crafts
The South—
warm, moist
climate; mostly
agricultural economy with
crops that grew well in that
climate; slave-based economy
England’s American colonies began to be
economically profitable
Tobacco, rice, indigo, fish, lumber, crafts,
wheat and other commodities
American colonists: individualism; would not
always push raw materials to England or pull
finished goods from England (Spain, France)
Navigation Acts: 1650-1696—Parliament passed
laws forcing all commodities from colonies to
pass through England on English ships
Parliament appointed governors, customs officers,
other officials to enforce Navigation Acts
From 1650 to 1763, many “appointed” officials
Purchased their commissions for selves or
relatives
Then stayed in England, sending “proxy” officials
to represent them in the colonies
Proxies were poorly paid and resorted to
corrupt and extracurricular business dealings
Spent much time “away” from jobs
Meanwhile . . .
Colonies needed governing—laws, police,
transportation networks, public services
Following English political tradition, colonial
legislatures, in place in all of the colonies,
began going around the governors and other
officials and “taking charge.”
Popular with the people—enjoyed the idea of
self-governance, but still considered themselves loyal subjects of the King
But, governance limited to individual colonies
In fact, due to differences in economics, political
differences, social differences (Southern
aristocracy versus egalitarian New England, for
example), other differences, significant distrust
and dislike of colonies and colonial assemblies
for other colonies
Absolutely no thought of uniting into one
comprehensive group of colonies. Rather all
saw themselves as separate entities
1754: Meeting of representatives of 7 British
colonies and leaders of the Iroquois Nation in
Albany, New York to plan defense against
possible attacks from French and Native
American allies (French & Indian War)
At the meeting, Benjamin Franklin
proposed the Albany Plan of Union,
that would include a council of
colony representatives that could
levy taxes and raise an army as well
as regulate trade with Native
Americans
Rejected by colonial governments
System of proxy British officials and powerful
colonial legislatures continued until the French
and Indian War—extension of Seven Years War
Although a victory, the war caused conflict and
animosity between colonists and British
The war nearly bankrupted the British government
Parliament decided to strictly enforce the
Navigation Acts
Appointed officials must serve at their posts
Colonial legislatures lost substantial power
Proclamation of 1763
Taxes via Sugar Act, Stamp Act, Townshend Acts,
Coercive (Intolerable) Acts, etc. passed by
Parliament in England and paid by colonists
Angered colonial legislatures, but
Still considered themselves loyal to King
Still distrustful of other colonies
First Continental Congress of 1774—first meeting
of all colonies (56 delegates)
Even with the fighting of the American Revolution
And the Declaration of Independence
Colonies still distrusted one another and,
because of their dislike of the King and
Parliament as the war went on, colonial
legislative leaders highly distrusted a strong
central government for the new United States
Led to the Articles of Confederation
Early American Political Tradition
Reflective of years of English political tradition
Power of colonial legislatures and distrust of a
monarch and desire for popular sovereignty
Weak national government with most power
to the states—so the early USA was a loose
confederation of states
Almost led to defeat in the Revolution
George Washington adamant in calling for a
strong national government
The Second
Continental Congress
Met in May 1775;
by June, most
Delegates favored
independence
Congress president
John Hancock
Independence Hall in
Philadelphia, PA
Selected a Committee of Five
to write a Declaration of
Independence
The Declaration of Independence
In writing the Declaration, Jefferson
drew upon the writings of
Enlightenment authors
John Locke
and Jean Jacques
Rousseau
The Second Treatise on
Civil Government :
natural rights
Simoncini,
pizza is a
modern food
in the U. S.
Shouldn’t we
translate the
Declaration of
Independence
into modern
language?
Simoncini, your TA here. The Declaration is
all fine and well, but there were omissions.
Let’s discuss them.
I’m up to answering that
one, Simoncini. The
Declaration did not take
into consideration slavery,
women, the rights of Native
Americans and the rights of
African Americans. It was
all about tall, smart, white
guys—like Jefferson (and
me.)
During the Revolutionary War,
the first American national government
formed under a document known as
The Articles of Confederation
Created 1777; formally
approved or:
or ratified by
all 13 states in 1781
The Articles of Confederation
A loose confederation of independent
states
Basis: Fear that a strong central
government would threaten power
of states and individual freedoms
Limited power of national government
National government
actually impotent
Simoncini, this time of night
I’m feeling weak. So what
were some of the
weaknesses of the Articles
of Confederation?
The Articles of Confederation
Unicameral legislature (Congress)
Each state delegation had 1 vote
State delegations chosen by the
state legislature of each state
Majority vote on regular issues
Nine “Aye” votes for major decisions
such as war
Unanimous approval for amendments
The Articles of Confederation
No executive
No judiciary
Only Congress:
Declare war
Conduct foreign policy
Borrow Money
Establish military forces
Settle arguments between states
Weaknesses of the Articles of
Confederation
No president or executive to enforce
laws
No national court system
No power to tax
No power to regulate trade
No power to establish a national armed
forces—each state raised its own
troops)
Major laws required 9/13 votes in Cong.
Problems stemming from the
weaknesses in the Articles
Difficulty in achieving unity
Different states—different
religious and cultural traditions
Economic differences
Slavery issue
Poor inter-state
transportation
systems
Tensions based on fear of disorder/violence
Resolute defense of individual rights (a
core principle of Revolution) and public
concern for safety and security
Common people’s passions for
democracy and equality were getting out of
hand
Founders, instead, advocated Republicanism
Consent of the governed: elect government leaders
Limited Government: fragment the
power of government
Limit influence of majority: one branch only
directly elected by the people
Ultimate goal: make tyranny—the abuse of
inalienable rights of citizens by government—
unlikely or impossible
Popular democracy?
No: govern through elites
Legislators responsive to popular opinion?
No: independent judgment about how to
best serve the public interest,
based on needs and interests
of society, not public opinion
Simoncini, I’m
really worried
‘cuz Trevor
looks hotter as
a girl than I do.
I guess the
Founders
were worried
too. Why?
Too much participation by the people in
government could only have a bad outcome
Wanted to protect against government’s
intrusions on the right to own property
Stay Acts in some states were laws
that forbade farm foreclosures for
nonpayment of debts or postponed the
collection of taxes or mortgage payments
Key Event: Shay’s Rebellion (1786)
Prevent the state of
Massachusetts from
seizing property of
debtors
Many in the U.S. saw
this incident as clear
evidence of the
weaknesses of the
Articles
Led to the Constitutional
Convention in
Philadelphia
September 1786: Annapolis Convention
Tried to resolve some differences
among states
Only 5 states: DL, NJ, NY, PA, VA
Decided to meet again
with all states in
Philadelphia in May 1787
Proposal drafted by
Hamilton
I guess their problems were
greater than mine. Plus, in
this coat I look more manly
than Trevor. Hey, speaking
of hot guys, I saw some
pictures of the Founders.
Who were those guys?
Washington
Franklin
Madison
Sherman Gorham Paterson Randolph
Hey Simoncini!
My BFF Justin and
I want to know
what sorts of
things they
discussed, argued
over and agreed
upon at the
Constitutional
Convention.
Procedural rules
Closed to public & press
Each state delegation had
one vote
Simple majority for major
decisions
The Virginia Plan
Strong national government
Bicameral legislature
Membership in both
houses based on population
Strong executive
Judiciary
Taxes
Laws
Trade
Issues/Concerns with Virginia Plan
First house elected by people
Second house elected by first house
from among candidates nominated
by states
Small states felt this plan favored the
larger states (VA, PA, MA, MD, NC)
Executive & Judiciary selected by
Congress
Some feared strong executive
National court system
Concept of separation of powers and
Checks and balances
The New Jersey Plan
Counterproposal to VA Plan, more
representative of states, particularly
small states
Tax
William Patterson
Commerce
Weak executive controlled by legislature
Strong unicameral legislature
Each state equal representation—one
vote each
Members chosen by state legislatures
One supreme court—chosen by legis.
The Great Compromise
Roger Sherman
Bicameral legislature
House of Representatives
chosen by population/
elected by the people
(Virginia Plan)
Senate—each state have 1 (later
changed to 2) representatives elected
by state legislatures (NJ Plan—smaller
states equal to larger ones)
Slavery—the 3/5 Compromise
Southern states: count slaves as
population (for representation in
The House of Representatives)
Many northern delegates opposed
slavery
Slaves had no legal rights, therefore
should not be counted in population
Some southern states: if slaves not
counted, would not sign Constitution
The compromise: each slave = 3/5 of
one free person
Other compromises
Southerners feared that Congress
could vote to make importing
slaves into the U.S. illegal
Southerners also did not want taxes
on exports—economy of southern
states depended on exports
The compromise: Congress could not
ban importation of slaves before
1808 and could not tax exports
Other compromises
President chosen by state electors—
the number of electors for a given
state = its senators + its representatives
Electoral Votes
If no candidate receives a majority of
electoral votes, House of
Representatives would choose
Has occurred twice—1800 and 1824
Most creative political thinker (Father
of the Constitution): James Madison
Protégé of Jefferson
Took extensive
notes of the
debates—main
record of what
went on—convention
closed to public
Based on extensive study of
history and politics, developed the
Virginia Plan
Co-sovereignty issue
All power directly flowed from the people,
so neither federal government nor state
governments were truly sovereign
Federalism:
Article VI: Supremacy Clause: the
national government creates the
supreme law of the land
Federal: broad powers to tax, regulate
commerce, control currency, pass laws
(elastic or “necessary and proper” clause)
Possible tyranny from concentrated authority?
Montesquieu: a republic must be
confined to a relatively small
area; large area breeds despotism
because rulers too distant from
most of the people.
Madison: large republic less likely
to produce tyranny, because it
would contain so many different
factions that no single group
would ever dominate. Concept
of checks and balances
Federalists
Supporters of Constitution
Better organized
Anti-federalists
Included Patrick Henry
Defenders of true principles
of the Revolution
Believed Constitution would
betray those principles by
establishing a strong, potentially
tyrannical, center of power
Biggest complaint: no bill of rights
No government can be trusted to
protect the liberties of its citizens
without enumerating the natural
rights of people
New York
and Virginia
States of greatest concern to Federalists
To “sell” the Constitution to those states,
New Yorkers John Jay and Alexander
Hamilton and Virginian
James Madison
Wrote a series of pamphlets known as
The Federalist Papers calling themselves Publius
Madison also
promised that, if New York
and Virginia ratified the
Constitution, the First
Congress would create a
national Bill of Rights.
The strategy worked—
all 13 states finally
ratified the Constitution
Federalists
Feared disorder, anarchy, chaos: the
unchecked power of the masses
Wanted a government that would
function at a distance from popular
passions; anti-federalists feared
dangers of concentrated power
1. Form into groups of at least 5 people
2. Democratically select a group leader
3. Group leaders: assign each member
of your group one article of the
Constitution (Article I through VI)
4. Each sub-group: read your portion of the
Constitution.
5. Summarize the key aspects of your
article in 8-10 bullet points (Art I-III) or
3-5 bullet points (Art IV-VI)
6. Teach your group your section and be
prepared to present to entire class.
1. Form into yesterday’s groups
2. Group leaders: assign each member
one or two Amendments between the
First Amendment and the Fourteenth
4. Each sub-group: read your Amendments
5. Summarize the key aspects of your
amendment in 3-7 points
6. Teach your group your amendments
and prepared to present to entire class.
1. Form into yesterday’s groups
2. Group leaders: assign each member
one or two Amendments between the
Fifteenth Amendment and the Twentyseventh
4. Each sub-group: read your Amendments
5. Summarize the key aspects of your
amendment in 3-7 points
6. Teach your group your amendments
and prepared to present to entire class.
Establishes rules that the
U.S. Government must observe
Based on 6 main principles:
•Popular sovereignty
•Limited government
•Separation of powers
•Checks/balances
•Federalism
•National free
enterprise economy
What is popular
sovereignty?
Popular sovereignty:
Government’s authority
comes from the
people.
Establishes rules that the
U.S. Government must observe
Based on 6 main principles:
•Popular sovereignty
•Limited government
•Separation of powers
•Checks/balances
•Federalism
•National free
enterprise economy
Limited government:
The government
cannot truly serve
the needs of the
people if it has too
much power—the
Constitution, in
places, limits power
Article I, Section 9;
The Bill of Rights
Establishes rules that the
U.S. Government must observe
Based on 6 main principles:
•Popular
•Popularsovereignty
sovereignty
•Limited government
•Separation of powers
•Checks/balances
•Federalism
•National free
enterprise economy
Ambition must be
made to counteract
ambition.
Vetoes
Judicial Review
Impeachment
Confirmation
Separation of Powers
So that no one branch has
too much power, the
Constitution divides
responsibilities among the
three branches
Checks and balances
Constitution
the concenabuse of
giving each
authority to
check, the
branches. It
between
prevents
tration and
power by
branch the
restrain, or
other two
divides power
branches.
We deliberately built
inefficiency into the American
political system.
The rise of national political parties
Expansion of the electorate and
changes in electoral methods
Establishment of agencies
deliberately designed to exercise
legislative, executive, and judicial
functions
Changes in technology
Emergence of presidential power
U. S. Political History: The Six Party Systems
Federalists vs. Democratic-Republicans
Democrats vs. Whigs
Republicans vs. Democrats, 1861-1896
Republican Dominance, 1896-1932
New Deal & Democratic Dominance
De-Alignment and Divided Government
Parties at war (hyperpartisanship)
We deliberately built
inefficiency into the American
political system.
The rise of national political parties
Expansion of the electorate and
changes in electoral methods
Establishment of agencies
deliberately designed to exercise
legislative, executive, and judicial
functions
Changes in technology
Emergence of presidential power
I accepted the necessity of
economic inequality and
social gradation. But I did
believe that people can rise
to prominence on the basis
of their own talents and
energies.
The goal of people in public life was to ensure
that others like themselves would have the
opportunity to do the same.
Australian Ballot
Initiative
Referendum
Direct Primary
Recall
Lobbying
We deliberately built
inefficiency into the American
political system.
The rise of national political parties
Expansion of the electorate and
changes in electoral methods
Establishment of agencies
deliberately designed to exercise
legislative, executive, and judicial
functions
Changes in technology
Emergence of presidential power
Who can give an
example of a check
that the President
can use?
Veto: the President
can reject any piece
of legislation sent
by Congress.
But remember, we in the
Congress have our own check—
we can override a president’s
veto if 2/3 of both houses of
Congress vote to do so.
Senator
Diane Feinstein
Marbury v. Madison (1803)
Jefferson repealed
Judiciary Act of 1801
Adams had made
“midnight appointments”
One was William Marbury:
Justice of the Peace for Washington, D. C.
Secretary of State’s job to deliver
commissions
Madison: new Secretary of State, refused to
deliver Marbury’s commission
Marbury v. Madison (1803)
John Marshall Court held
Marbury had a right to his
commission, but the
Court, as stipulated in the
Judiciary Act of 1789, had
no right to order Madison to deliver it
Congress had exceeded its authority in
including that power in the Judiciary Act of
1789
Marbury v. Madison (1803)
With the Marshall Court’s
ruling, it gave itself the
power to nullify an act of
Congress—Judicial Review
Established the Judiciary
as a branch of government co-equal with the
executive and legislative—a position that
the founders of the republic had never
clearly indicated it should occupy.
But, the President does not
necessarily have to enforce a decision of
the Supreme Court (or spend money
appropriated by Congress.)
Worcester v. Georgia (1832)
John Marshall has
made his decision.
Now let him enforce
it.
May 17, 1954:
Brown v. Board of Education
of Topeka, KS
Arguing for the plaintiff:
Thurgood Marshall
Oliver Brown, father of Linda Brown,
sued the Topeka Board of Education for
violating Linda’s rights by denying her
admission to an all-white elementary
school 4-blocks from her house. Rather,
the Board forced Linda to attend an
all-Black school 21 blocks away.
The Warren Court,
led by Chief Justice Earl
Warren, unanimously
decided in favor of Brown
thereby striking down
Plessy v Ferguson and all
segregation as
unconstitutional.
The Brown decision
immediately affected 12
million schoolchildren in
21 states
President Eisenhower immediately
asked Washington, D. C. officials to integrate
and make Washington a model for the
remainder of the nation. However, he and
Attorney General Herbert Brownell, Jr. did
little else to
enforce the
decision until
1957.
1955: Supreme Court handed
down a second Brown ruling:
ordered district courts to implement
school desegregation “with all deliberate
speed.”
President Eisenhower and Congress did
not enforce. Eisenhower believed you
could not force desegregation on people.
Finally enforced at Central High School
in Little Rock, Arkansas, in 1957.
Establishes rules that the
U.S. Government must observe
Based on 6 main principles:
•Popular sovereignty
•Limited government
•Separation of powers
•Checks/balances
•Federalism
•National free
enterprise economy
Federalism
Some powers belong to the national
government, some powers belong to
the states, even some belong to localities.
The Constitution also prohibits the
national government from doing certain
things and the states from doing other
things.
President
U. S. Supreme Court
House of Rep
Senate
U. S. Government
CA
Sup Ct.
Governor
Assembly
Senate
Fifty State Governments
(Example: California)
All bicameral except for Nebraska (unicameral)
Article VI, Section 2—The Supremacy
Clause
Article I, Section 8—The Elastic Clause aka
“The Necessary and Proper” clause
Challenging the Supremacy Clause
Three nullification crises
Alien and Sedition Acts
Tariff of Abominations
Fugitive Slave Act
Modern Day: local legalization of
marijuana
Establishes rules that the
U.S. Government must observe
Based on 6 main principles:
•Popular sovereignty
•Limited government
•Separation of powers
•Checks/balances
•Federalism
•National free
enterprise economy
National Free Enterprise Economy
Governments instituted to protect free
economy (capitalism)
Article I, Sections 8, 9 & 10
Article IV, Section 1: “Full
faith and credit” clause
Congressional elaboration
Congress has the ability to create legislation
to meet the needs of the nation rather than
amend the Constitution
Impeachment
Article II: removal from office of officials
convicted of “Treason, Bribery, or other
High Crimes and Misdemeanors.”
Congress interprets meaning
House: initiates (Grand Jury)
Senate tries
VP sits as presiding officer
Chief Justice when President is
being impeached
A. Johnson
R. Nixon
B. Clinton
Impoundment
Presidents may impound—or refuse to
spend funds appropriated by Congress
Presidents may send the armed forces into
a conflict without a formal congressional
declaration of war
Presidents may propose legislation and
work to get it passed
When my friends and I wrote
the Constitution, we all knew
that at some points it would
have to be changed. What
method did we use to
change the Constitution?
How
can
amendments
be proposed?
Amendments
Amendments can be
proposed two ways:
one by Congress and
one by a national
convention called by
Congress at the
request of 2/3 of our
state legislatures.
Well, Krista, 2/3 of both
houses of Congress
must approve an
amendment and then it is
sent to the states for
ratification.
That’s right,
Niki, but we
have never
used the
convention
method. How
does it work if
Congress
proposes it?
How do the states
ratify the proposed
amendments?
Good question, Dr. Franklin.
One way stated in the
Constitution is ¾ of our state
legislatures (38 in all) must
approve the amendment for it
to become part of the
Constitution. This held true for
26 of our 27 amendments.
The Bill of Rights
were the first
ten amendments
and protected
individual
freedoms.
Key Amendments
1 Religion, speech, petition, assembly,
press
2 Keep/Bear Arms
3 No quartering
4 No illegal search/seizure
5 No self-incrimination/double jeopardy
6 Speedy/public trial
7 Trial by jury
8 No excessive bail, fines, cruel and unusual
punishment
Key Amendments
9 Rights retained by people
10 Rights retained by states
11 Limitations on the judiciary
12 Vice presidential selection
13 No Slavery
14 Definition of Citizenship
15 African-American males vote
16 Federal Income Tax
17 Direct Election of Senators
18 No manufacture, transportation, sale of
alcoholic beverages
19 Women vote
Key Amendments
20 Presidential inauguration, etc
21 Overturns 18
22 Limits presidential terms
23 Residents of Washington, D. C. can vote
for president
24 No poll taxes
25 Vice presidential succession
26 18 year old vote
27 Congressional pay raises
If you don’t mind, I’ll answer that
question, because I was president
when it happened. That was the 21st
Amendment, which repealed
Prohibition (the 18th Amendment).
Special conventions in at least ¾ of
the states voted for this
amendment—it was a second
method the Founders put in the
Constitution.
Thank you, Mr. Madison. But
what method did they use to
ratify the other one?
The Equal Rights Amendment
Betty Friedan (front) and Gloria Steinam (rear)
The Equal Rights Amendment
Friedan, The Feminine Mystique
National Organization of Women (NOW)
1966—central mission was passage
of ERA
All presidents from Truman to Reagan
had endorsed
1970s: overwhelming support in both
houses of Congress; 1980s, GOP
moved to neutrality on issue
Conservative women spoke out
against NOW and the Equal Rights
Amendment
Phyllis Schlafly led the
Stop-ERA campaign
Insisted that the ERA
was the work of
radical feminists who
“hate men, marriage,
and children.”
The Equal Rights Amendment
First step: Congressional approval
No direct presidential involvement
Sent to states for ratification
Supreme Court: ratification of amendments
within a reasonable time
(27th Amendment: 203 years)
Seven-year limit—1972-1979
Congress extended until 30 June 1982
Requires ¾ of all states (38) to ratify
ERA fell 3 states short
One of the cool things
about the Constitution is
that, like me, Sponge
Bob, it is a flexible, living
document.
That’s right, Sponge
Bob. That is why over
the years my fellow
Supreme Court
justices and I have
been able to interpret
the Constitution to fit
society’s needs.
The Constitution is flexible
because my fellow founders and I
were purposely vague in writing
certain parts.
…and Members of Congress like
us have been able to form
political parties, change laws, and
use custom and tradition to
shape government to better serve
the American people.
Well, that’s
why my fellow
presidents and
I…
D. Cardoza G. Radanovich D. Feinstein