principles and origins of american government

Principles and Origins of

American Government

Government and the State

• Government is the institution through which a society makes and enforces its public policies.

• Who makes up government?– People who exercise

power, and who have authority and control over people.

Government

• Public policies of a government are all of those things a government decides to do.

• EXAMPLES:– Taxation– Defense– Healthcare– Education

Public Policies

• Power is the ability to command or prevent action, the ability to achieve a desired end.

• Every government has and exercises (3) basic kinds of power:

Power

1. Legislative:– Power to make law and frame public policies.

2. Executive:– Power to execute, enforce and administer law.

3. Judicial:– Power to interpret laws and settle disputes.

Power

• The powers of government are often outlined in a country’s constitution:– body of laws setting

the principles, structures, and processes of a government.

Constitution

• What is the main difference between a dictatorship and a democracy? – The former, government

is not responsible to the people.

– The latter, supreme authority rests with the people.

Difference?

• Over the course of human history, the state as emerged as the dominant political unit in the world.

• Definition:– Body of people, living in a

defined territory, organized politically, with power to make/enforce laws.

The State

• There are more than 190 states in the world today and they posses 4 main characteristics:1. Population 2. Territory3. Sovereignty :• authority to rule

4. Government

The State

• Belief that the state was born of force by a person or a small group.

• The person or group forced all within the area to submit to their will or rule.

Force Theory

• The state developed naturally out of the early family.

• The primitive family had a “head” that was the government was the first stage in political development.

• How did this grow?–Marriages

Evolutionary Theory

• This theory was widely accepted in much of the Western world from the 15th to 18th centuries.

• EXPLAIN this theory– God gave those of ‘royal

birth’ divine right to rule.• This theory began to be

questioned in the 17th century and help pave the way for modern democracy.

Divine Right Theory

• Argues that the state arose out of a voluntary act of free people and that the state only exists to serve the will of the people.

• What role were the people to play in this theory? – Sole source of political

power

Social Contract Theory

• What does government do?

• The following are listed in the Constitution of the United States:

Purpose of Government

PurposeForm a More Perfect Union• Link the States and American people

more closely together.

Establish Justice• The law must be reasonable, fair and

impartial in the United States

Ensure Domestic Tranquility• Keeping peace and order at home is

essential to the well being of society

PurposeProvide for Common Defense• Defending the nation against foreign

enemies.

Promote the General Welfare• Government performing tasks for the

well-being of its people.

Secure the Blessings of Liberty• America was founded by those who

prized FREEDOM (liberty) above all

Forms ofGovernment

• No two governments are ever alike because they are products of human needs and experiences.

• Over time, political scientists have developed many bases upon which to classify (describe, compare, analyze) governments.

Classifying

• To many, the most meaningful classification is who can take part in the governing process.

• Democracy versus Dictatorship.

Participate?

• In a democracy, supreme political authority rests with people.

• What is direct or pure democracy?• Will of people is

turned into law by the people themselves.

Democracy

• What is indirect or representative democracy? • Representatives are elected by the people

to express the popular will.• Some people feel the United States is a

republic:• where power is in the hands of the voters

and decisions are made by representatives.

Democracy

• Exists where those who rule cannot be held responsible to the will of the people.

• What is the difference between an autocracy and oligarchy? – Former is one,

latter is a small group.

Dictatorship

• All dictatorships are authoritarian – those who hold absolute and unchallengeable power. – Italy (1922-43);Germany

(1933-1945);USSR (1917-1989)

• What are dictatorships like today? – Militaristic ; that gained

power by force.

Dictatorship

• Geographic distribution of power.

• In every system of government the power to govern is located in one or more places, geographically.

Geographic

• Often described as a centralized government and all powers held by the government belong to a single, central agency.

• What is the role of local governments?• Focus on small/local

issues• Great Britain is a classic

example of a unitary government.

Unitary

• Powers are divided between a central government and several local governments.

• These powers cannot be changed by the local or national governments alone.

Federal

• The United States was the first federal form of government.

• What ‘stands’ above both levels of government?– The United States Constitution.

Federal

• An alliance of independent states; the central government gets it powers (usually very limited) from the states.

• Identify confederations in the modern era.– Articles of

Confederation (1781)– Confederate States of

America (1861)

Confederate

• Presidential Government:– Executive and legislative branches are

separate, independent of one another and coequal.

– Chief executive (president) is chosen independently of the legislature to a fixed term and the 2 branches can block each other.

Relationship

• Parliamentary Government:– Executive (prime minister) is a member of the

legislature (parliament).– Who becomes prime minister and how long do

they serve? • Leader of majority party; as long as they are in

majority.

Relationship

Basic Conceptsof Democracy

• Democracy exists in the US because the American people believe in its basic concepts:• Worth of Individual• Equality of all persons• Majority Rule, Minority

Rights• Necessity of Compromise• Individual Freedom

Foundations

• Democracy is firmly based upon the belief in the fundamental importance of the individual (each is a separate and distinct being)

• Give examples of when we must give it to rights of many:– Paying taxes– Obey traffic laws

Worth of Individual

• Democracy does NOT insist on equality of condition for all persons nor does it believe all people should have a share of worldly goods.

• The (2) concepts of equality that Democracy focuses on?1. Equality of opportunity2. Equality before the law

Equality of All Persons

• Democracy argues that that a majority of the people will be right more often than they will be wrong.

• And that the majority will also be right more often than will any one person or small group.

Majority Rule, Minority Rights

• What is the key word that describes the majority’s decision? – SATISFACTORY

• However, it is vital in a democracy for the majority to listen to the minority arguments and criticisms.

Majority Rule, Minority Rights

• Compromise is an essential part of the democratic process for two major reasons:1. Each individual is

equal to others.2. Few public

questions have only two sides.

Necessity of Compromise

• Absolute freedom can only exist in a state of anarchy – the total absence of government.

• Democracy does insist that each individual must be free to do as he or she pleases as far as freedom of all will allow.

• What is the dilemma here? – Balancing individual rights with the good

of society as a whole.

Individual Freedom

• Democracy and the free enterprise system are related.

• Free enterprise: economic system characterized by the private ownership of capital goods, free market and private decisions.

Free Enterprise

• Does not rely on government to decide what items are to be produced, how much should be made, and the price.

• What is the law of supply and demand?– Supple of goods/services is plentiful, prices

drop; when supplies are scarce, prices rise.• What do democracy and capitalism have in

common?– Based on the concept of individual freedom

How the System Works

• American economic system relies on a free market; but the government does play a role and always has.

• Define Mixed Economy:– Private enterprise exists with government

regulation.

Government’s Role

• What is the role of the internet in Democracy?– Provide citizens with

information • What is a major

problem with the Internet and information? – Accuracy

Democracy and Internet

The Coming of Independence

• Parliament took little part in the management of the colonies, instead they were more interested in matters of trade.

• What did the great distance between the colonies and England lead to?– The colonists became used

to governing themselves.

Britain’s Colonial Policies

• When King George III came to the throne in 1760, he began to deal more firmly with the colonies– Restricted trading, new

taxes, and troops in the colonies.

• How did the colonists react?– Strongly opposed and

objected to these taxes.

Britain’s Colonial Policies

• Unity among colonies was growing.• In order for a successful revolt,

cooperation between colonies was a key.

Colonial Unity

• In 1643 the New England Confederation was formed; a confederation is a joining of several groups for a common purpose.

• What was the common purpose in 1643?– Defense against Native

Americans

Early Attempts

• A meeting in Albany, New York to discuss the problems of colonial trade.

• And also the danger of attack by the French and their Native American allies.

The Albany Plan

• What was Benjamin Franklin’s Albany Plan of Union? 1. Formation of a

congress with a delegate from each of the 13 colonies

2. Raise army/navy3. Negotiate with Native

Americans

The Albany Plan

• Parliament passed the Stamp Act in 1765.

• The Act placed a tax on legal documents, certain business deals, and newspapers.

Stamp Act Congress

• Led to Stamp Act Congress to protest the tax.

• Famous quote of “taxation without representations is tyranny!”

• IDENTIFY reaction to the tax throughout the colonies:– Boston Tea Party, boycott of British goods,

Committees of Correspondence established.

Stamp Act Congress

• Delegates from every colony except Georgia met in Philadelphia on September 7, 1774.

• Worked on boycott of British goods until taxes were and acts were repealed.

1st Continental Congress

• The situation was getting worse (fighting had already begun) with Great Britain.

• A 2nd meeting was called for May 10, 1775.

2nd Continental Congress

• Each of the 13 colonies sent representatives.

• John Hancock was chosen president.

• Who was chose commander-in-chief?– George Washington

Representatives

• This 2nd meeting was in effect our 1st national government for 5 years until the Articles of Confederation were adopted.

1st National Government

• A committee of five – Benjamin Franklin, John Adams, Roger Sherman, Robert Livingston, and Thomas Jefferson – was chosen.

Declaration of Independence

• What was the purpose of the document they prepared? 1. To declare

independence from England

2. List reasons why

Declaration of Independence

• In 1776-77 most states adopted written constitutions.

• A common feature was popular sovereignty:- governing with the consent of the people

• Other key aspects were limited government, civil rights and liberties, separation of powers and checks and balances.

1st State Constitutions

The Critical Period

• Established on November 15, 1777 by the 2nd Continental Congress.

• Formed a league of friendship where each state would be free and independent of the others.

Articles of Confederation

• When would states come together?– For the common

defense of the states.

• DEFINE ratification– Formal approval

Articles of Confederation

• A Congress made up of one representative from each state.

• No executive or judicial branches.

• DEFINE presiding officer:– A chair; overlooks

but not the leader

Governmental Structure

• Make war and peace• Send/receive

ambassadors• Borrow/set up

money• Ask states for troops

for navy/army• Settle disputes

between states.

Powers of Congress

• Agreed to obey Articles and acts of Congress.

• How would they treat other states?

– Fairly and equally; and give full faith and credit.

State Obligations

• Congress did not have the power to tax or regulate trade between the states.

• Changes to Articles had to be unanimous.

• Why is this a weakness?– Difficult to get all 13

states to agree on anything.

Weaknesses

• After the signing of the Treaty of Paris in 1783, problems caused by the weaknesses of the Articles began to surface.

• Lack of strong central government led to problems between the states (taxed trade, states had own money, made alliances with foreign governments)

Critical Period

• What was Shay’s Rebellion?– Led a farmer’s

revolt in Massachusetts over taxes.– Showed weakness

of national government.

Critical Period

• Meeting at Washington’s home Mount Vernon between Maryland and Virginia.

• Over trade issues led to a call for “a joint meeting” of all the states.

Stronger Government

• That meeting happened at Annapolis, Maryland on September 11, 1786.

• How was the turnout and what happened at Annapolis? – Only 5 states showed,

but they called for a meeting in Philadelphia with all of the states.

Annapolis Convention

Creating the Constitution

• 12 of 13 states (except Rhode Island) sent a total of 74 delegates (for a variety of reasons only 55 showed up) to Philadelphia in May of 1787.

The Framers

• These 55 became known as “The Framers” of the Constitution1. Served in Continental

Army2. Members of Congress 3. Many college

educated4. Most were wealthy

The Framers

• George Washington was named President of the convention.

• Rules were set up: – majority of states were

needed to conduct business

– each state had one vote– A majority of votes were

need to pass a measure

The Convention

• Why did the delegates decide to keep their deliberations a secret? – Protect themselves from

outside pressures.• James Madison (Father

of the Constitution) kept detailed notes and became the convention’s floor leader.

Working in Secrecy

• The Philadelphia Convention was called to revise the Articles of Confederation

• What actually was to happen? – A NEW government

was to be created.

Momentous Decision

• Mainly the work of Madison and James Randolph, called for a new government with 3 branches of government (legislative, judicial, executive)

• The plan aimed to make a national government with expanded powers and more importantly, the power to enforce its decisions.

The Virginia Plan

• Key aspect was representation to Congress or legislative branch

• How did the Virginia Plan call for representation to Congress? – Based on a state’s

population.

The Virginia Plan

Edmund Randolph

• This plan was the small state response to the Virginia plan.

• Representation in Congress was to be equal for all states.

• What about the executive branch? – Not one, but several

people would serve.

New Jersey Plan

William Patterson

• The disagreement over representation in Congress was critical.

• Often called the “Great Compromise” because of its importance.

• It solved the problem over representation in Congress – Senate : 2 members each– House : based on

population of state

Connecticut Plan

Roger Sherman

• Question of whether to count slaves in a state’s population.

• This compromise said that 3/5 of “other persons” could be counted.

3/5 Compromise

• The new government had the power to regulate foreign and interstate trade.

• Why were the southerners wary of this power?– Congress could end slave trade; hurt the

agricultural South• This compromise said that goods

exported from states could not be taxed and the slave trade could not be touched for 20 years.

Commerce/Slave Trade

• The US Constitution is often called this because of the all the compromising that went into the document.

• Why was compromise so vital to the Constitution?– The states were

diverse; economically, geographically, etc.

‘Bundle of Compromises’

• The Framers looked at governments from ancient Greece and Rome and contemporary Europe.

• Also used their own experiences.

Sources

• The Constitution was signed on September 17, 1787 by the remaining 39 delegates.

• It would now go to the states for final approval.

Convention Completed

Ratifying the Constitution

• The Framers had seen how crippling the unanimity requirement could be, so they decided that it would take 9 states to ratify or approve the Constitution.

• The Constitution was printed, circulated, and debated vigorously.

Fight for Ratification

• Federalists favored ratification because they stressed the weaknesses of the Articles and said the Constitution would help the new country.

• Who were the leaders of the Federalists?– James Madison and

Alexander Hamilton

Federalists

• Anti-federalists opposed ratification and were led by Patrick Henry and John Hancock.

• 2 main reasons:1. Power of central

government2. No Bill of Rights

Anti-Federalists

• Delaware was the 1st state to ratify on December 7, 1787 and New Hampshire was the 9th to ratify on June 21, 1788.

• Why was the Constitution not in effect after New Hampshire joined? – Important states of New

York and Virginia had not ratified yet.

States Decide

• Brilliant debate between Madison, John Marshall (for it) and James Monroe and Patrick Henry (against it)

• Whose support was vital to approving of the Constitution? – George Washington

Virginia Ratifies

• In New York, the debate was close and the pro-Constitution argument was helped by a series of newspaper essays called the Federalist.

• Who were the writers of these essays? – Hamilton, Madison

and John Jay

New York Ratifies

• Inaugurating the new government.• On September 13, 1788 11 states had

ratified the Constitution, and the Congress of the Confederation made it official.

Inaugurating

• The new Congress convened on March 4, 1789 in New York to count the electoral votes, but because it lacked a quorum or majority.

• The 1st President (George Washington) was elected on April 6th, 1789.

New Congress