Checks & Balances

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Transcript Checks & Balances

Checks & Balances

o o What’s the purpose?

o So no one branch of government has too much power Examples: o President can veto bills passed by Congress o Congress can override veto with a 2/3 vote o Senate approves presidential appointments & has the power to impeach o Judicial Review o Court’s power to declare acts of Congress & the President to be unconstitutional

Duties & Responsibilities

Duties

o o o o

Also known as “Required Civic Responsibilities”

Things a US citizen MUST do Obligations with legal consequences attached Examples: o Obey the law o Pay taxes o Register for the draft o Jury duty o Attend school through age 15

Responsibilities

o o o Things US citizens SHOULD do No consequences attached Examples: o Be informed o Vote o Volunteer your time and/or donate money

If you don’t … YOU’RE GOIN’ DOWN!

Limited Government

o o o The government’s power is restricted to what the people (Constitution) have consented to o This is Locke’s “consent of the governed” idea The Bill of Rights emphasizes this principle o Example: Cannot establish an official religion or deny individual rights Forbidden Powers: o The writ of habeas corpus (requires an explanation of why suspect in being held in custody) cannot be suspended

Locke and other Enlightenment philosophers emphasized reason & social progress; favored democracy over monarchy

Majority Rule vs. Minority Rights

Majority Rule

Differences are everywhere in a democratic and diverse society like the US, so we go with whatever the majority wants • •

Minority Rights

At the same time, we must honor and respect the rights of minority groups Minority groups can include individuals with different racial backgrounds, religious beliefs, lifestyle choices, political opinions, etc.

Minority groups have a voice, but little control/power

There must be a balance between the two!

National Supremacy (Article VI)

o The US Constitution is the “supreme law of the land” o President promises to defend the Constitution o If there is a conflict between federal and state laws, the FEDERAL law ALWAYS wins

Articles of Confederation

o o o The first constitution of the United States; loosely tied the 13 states together o Basically had only 1 branch of government (legislative) Limited Power o Declare war o Make treaties Weaknesses o Couldn’t enforce the laws (no executive branch) o o Couldn’t collect taxes Couldn’t regulate trade o Needed unanimous vote to amend

Mayflower Compact

o Early example of self government in the colonies o Pilgrims’ plan for governing themselves o Set up a direct democracy

Types of Government

o o

Absolute Monarchy:

o Hereditary ruler (king/queen) has complete & unlimited power to rule o

Thomas Hobbes believed this style was best (strong government needed to keep order)

Dictatorship:

o Government controlled by one person or a small group o Use force to take control & use the police/military to stay in power o Tamper with or refuse to hold elections o Limit freedoms o Assembly/Press/Speech

Types of Government

o Direct Democracy: o ALL citizens meet to debate the issues and vote o A referendum is a tool of direct democracy o Allows citizens to approve or reject a state/local law o Representative Democracy: o Citizens elect a smaller group to represent them and govern on their behalf o Other notes on democracy: o It’s similar to a team sport because both depend heavily on active participation o A democratic leadership style would give members a share of the responsibilities and/or allow them to have input (vote) on group decisions

Types of Government

o Republic: o Also known as a republican government o Representative democracy o People have the power to choose/elect their government officials o No leader inherits office o Example: A high school student council o Students elect a small group to represent them & make decisions on behalf of the entire student body

Three Branches

o Legislative Branch o US Congress o Senate o 100 members; 2 from each state o House of Representatives o 435 members; based on population o MAKES THE LAWS o Purpose of laws is often to maintain order & protect property; public safety & consumer protection also popular o Powers: o Collect taxes o Regulate trade o Declare war

Three Branches

o Judicial Branch o Includes: o US District Courts o US Courts of Appeals o US Supreme Court o Federal judges serve for life o President appoints and Senate approves/confirms o Powers: o INTERPRETING THE LAW o Judicial Review o Power to decide whether laws or actions taken by government officials are constitutional

“We are under a constitution, but the Constitution is what the Supreme Court says it is.”

Three Branches

o Executive Branch o Includes: o President & VP o Cabinet Departments o The Federal Bureaucracy o Hundreds of agencies that deal with just about everything!

o CARRY OUT/ENFORCE THE LAWS o Other Powers: o Veto bills passed in Congress o Serve as Commander-In-Chief of the US military o Make treaties (Senate approves) o Pardon those convicted of federal crimes o Deliver the State of the Union address o Plan the federal budget

The executive branch is MUCH larger (has more employees) than the others!

14

th

Amendment

o Defined a US citizen as anyone “born or naturalized in the US” o Required every state to grant its citizens “equal protection of the laws” o State governments may NOT take an individual’s “life, liberty, or property, without due process of law” o Established legal procedures MUST be followed o Example: The accused have the right to a jury trial and may question those testifying against them o HUGE impact on civil rights (rights of full citizenship & equality under the law” o Applied the Bill of Rights to the states o Citizens all over the US have the same basic rights

Constitution – Miscellaneous

o The Bill of Rights: o Purpose is to protect individual freedoms o Emphasizes the principle of limited government o Freedom of Assembly: o Protects our right to gather in groups for any reason – as long as these gatherings are peaceful o Includes the right to attend meetings, parades, rallies, etc.

o Also protects the right to join labor unions, political parties, etc.

o The Great Compromise: o Settled a dispute between large & small states o States represented equally in the Senate benefits smaller states o Representation in the House based on population benefits larger states

Constitution – Miscellaneous

o Elastic or “Necessary and Proper” Clause o Allows Congress to stretch its powers; Source of the implied (not stated explicitly) powers o Court’s decision in McCulloch v. Maryland is based on this idea/principle o Article II o Established the Electoral College as the method for electing the President & VP o Also established the qualifications for President: o At least 35 years old o Natural-born American citizen o US resident for at least 14 years

Constitution – Miscellaneous

o The Amendment Process: o Purpose – Allows the document to be adapted to meet the changing needs of society (It’s a living document; capable of evolving) o The process is difficult (tough to get an amendment passed), which is why there are only 27 total o Federalism: Power is shared by the national government and the states o Expressed Powers o Belong only to the national government o Examples: o Declare war (Congress) o Coin and print money o Reserved Powers o Belong only to the state governments o Examples: o Establish a public school system o Determine requirements for marriage & driver’s licenses

Laissez – Faire

o Think “hands off” o Philosophy that says the government should leave businesses alone and stay out of the economy o Can also be a leadership style o Example: Boss gives employees a lot of freedom; allows them to do their jobs w/o looking over their shoulders, checking in on them constantly, etc.

Elections, Interest Groups & Political Parties

o o

Political Parties

o Role: Promote accountability and competition; give voters choices; link citizens and elected officials; educate and motivate voters; recruit candidates for office o Basic goals are the same o National Security; Protecting the Constitution and individual freedoms o Ideas on the best/most effective ways to realize these goals are different

Presidential Election Campaigns

o Candidates will ignore certain states if their party is historically weak in those states (no chance of winning) o Focus is on the largest states where they have a chance of winning

Elections, Interest Groups & Political Parties

o

Primary Elections

o Method used by both major parties allowing voters to select candidates for public office o

Third Parties:

o Often raise awareness about a specific economic, moral or social issue o Do not have much success in terms of winning elections

Elections, Interest Groups & Political Parties

o o o

Interest Groups

o Groups of people who share a point of view & unite to promote their viewpoints o

Achieve goals by lobbying elected officials

o Why join/give money?

o Strength in numbers; Combining resources (time, money, etc.) increases chance of influencing government

Lobbyists

o Represent interest groups; attempt to influence policy making by contacting lawmakers & other govt. officials directly

Labor Unions

o Group of workers; band together to improve chances of getting better benefits, medical care, pay & working conditions

Miscellaneous

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Magna Carta

o Limited the King’s power through the Rule of Law and by requiring consent for taxation o Also protects rights of the accused

(similar to 5 th amendment)

o

Social Contract Theory

o Citizens follow the laws and remain loyal to the government; In return, the government protects the people and acts in their best interests o Similar to a “Code of Conduct” between a high school and its student-athletes o Students act appropriately and in return, they are given an opportunity to compete, represent their school, etc.

Miscellaneous

o

Jurisdiction

(A court’s authority to hear & decide cases) o The US District Courts have original jurisdiction in most cases o The US Supreme Court has 2 types of jurisdiction o Limited original o Appellate (mostly) o

Miranda v. Arizona

o Court’s decision had a major impact on the rights of the accused o A suspect cannot be questioned until they’re informed of their 5 th and 6 th amendment rights

Miscellaneous

o 22 nd Amendment ( two-term limit on the president) o Example of an amendment limiting the government’s power o Unalienable Rights (AKA Natural Rights) o “Life, liberty and the pursuit of happiness” o Cannot be taken away (by the government) o Census – official count of the US population; used to determine # of seats per state in the HOR (impacts # of electoral votes per state) o

The legislative branch of Missouri’s state government is called the General Assembly (includes state Senators & Representatives)

o The lieutenant governor plays a role similar to that of the vice president (tie-breaking vote)