Transcript Why Study Civics?

 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 money
E. 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.
B.
C.
D.
E.
F.
i.
ii.
iii.
iv.
Rule of Law- All people are bound by law
Limited Government- Can only do what people give it
power to do
Consent to be Governed- citizens are source of power
Individual Rights- protected by government
Representative Government- people elect leaders to
govern, make laws
Free, fair competitive elections
Candidates have right to freely express opinion in
public
One person one vote
Legal requirements to vote kept to a minimum
Majority Rule
 Two
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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
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1)
2)
3)
4)
5)
6)
Parliament supreme power
Monarch had to summon Parliament
regularly
Parliament had power over money
Monarch could not interfere with
Parliament
Guaranteed trial by jury
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 customcommon law
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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
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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 Actsrestricted legal rights, allowed British
soldiers to search homes
Movement Toward Independence
 Colonists band together against
Intolerable Acts
 First Continental Congress
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
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.
B.
C.
D.
E.
rights of individuals
purpose of gov’t to protect people’s rights
Gov’t based on people’s consent
People entitled to overthrow gov’t
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 Locke
1. People had natural rightslife, liberty, property
2. Gov’t has obligation to people
3. Best government is limited
4. Idea of popular sovereigntyfreely 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 governor
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Elected by legislature or citizens
Job was to carry out laws
 Judges and courts
 To interpret laws
 Most had a Bill of Rights
 Guaranteed 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 debt
Borrowed money to fund war
 States 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
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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.
2.
3.
4.
Limited government
National government to protect
fundamental rights, protect
common good
Separation of powers and checks
and balances
Representative to represent
common good
Two Opposing Plans
Virginia Plan, developed by James Madison
A.
B.

government with three branches:
legislative branch, executive branch,
judicial branch
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
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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 trade
Trade

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
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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 Parts
 The Preamble (1st Part)
 Constitution has 3 main parts:
1. Preamble
2. 7 Articles describe the structure of
the gov’t
3. 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:
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“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 Articles
 Article I: The Legislative Branch
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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 Branch
 provides 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 Branch
 interprets the laws and sees that
they are fairly applied
 calls for The Supreme Court and
lower federal courts
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Article IV
 states must respect each other’s laws, court
decisions, and records
Article V
 Gives the right for amendments to be made to the
Constitution
Article VI
 Declares 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 ways
a. 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 interpretations


Sometimes 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
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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 vote
III. 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
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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
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
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
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
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
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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
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
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
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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
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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
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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
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

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
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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?