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International Ataturk Alatoo UniversityDepartment of International RelationsSubject:Political Science and Political Theory ILecturer: Nazgul Bazarbaeva

Constitutions and Design Government

Why Does the Constitution Matter?

Constitution – body of fundamental laws which say how a government is to operate

It explains how the government works

It is the supreme law of the land

It protects your civil rights

▧The Preamble – lays out the purpose and introduces the Constitution

▧The Articles – the substance of governmental law

▧The Amendments

A Brief Outline

What are the basic principals of the Constitution?

Popular Sovereignty -Government power resides in the people Limited government -Government is not all powerful, can only do what the people let it. Separation of Powers -Helps prevent one branch from becoming too powerfulChecks and BalancesFederalism -Division of power among national and state governments

Important Amendments:Bill of Rights

1. Freedom of religion, of speech, of the press, to assemble, and to petition

2. Right to bear arms3. No quartering of soldiers4. No unreasonable search

and seizure5. Indictments; Due process;

Self-incrimination; Double jeopardy, and rules for Eminent Domain.

6. Right to a fair and speedy public trial, Notice of accusations, Confronting one's accuser, Subpoenas, Right to counsel

7. Right to trial by jury in civil cases

8. No excessive bail & fines or cruel & unusual punishment

9. There are other rights not written in the Constitution

10. All rights not given to Federal Government belong to states and people.

Other Important Amendments:Reconstruction Amendments

13th Amendmentabolished slavery14th AmendmentDue process and equal protection under the lawAll persons born in US are citizens15th AmendmentRight to vote regardless of race, color, or previous servitude

18th AmendmentProhibition of alcohol19th Amendment: Women’s suffrage21st Amendment: Repeals prohibition22nd Amendment: Presidential term limits24th Amendment:Prohibits poll taxes for voting26th Amendment: lowers voting age to 18

Ratification of the Constitution

1.The Constitution was sent to special state conventions for ratification that required the vote of 9 states, rather than unanimous approval required for amendment of the Articles of Confederation.

CONSTITUTIONALISM France, Prussia, Russia - absolute states

England, Holland - constitutional states

Constitutionalism is limiting the govt. by law(may be written or unwritten)

May be monarchies or Republics

This is not democratic (no franchise for all)

Yet England would experience the last of the great Religious Wars

The Branches of Government

There are three branches of government: 1. The legislative - which makes the laws 2. The executive - which enforces the laws or make sure the laws are carried out 3. The judicial - which interprets the laws or explains the laws and makes sure they are fair

Each branch serves as a check and balance on the others

Check and balancesGuarantees that no part of the government becomes too powerful. For example, the legislative branch is in charge of making laws. The executive branch can veto the law, making it harder for the legislative branch to pass the law. The judicial branch may also say that the law is unconstitutional and thus make sure it is not a law.

How Power Is Distributed

The makeup of the nation, its history, its culture, and its geography tends to determine the system for the distribution of power.

In reality, nations opt for either a federal or unitary system.

Argentina, Australia, Austria, Brazil, Canada, Germany, India, Malaysia, Mexico, Nigeria, Russia, Switzerland, Venezuela and the United States

Federal SystemIn a federal system sovereignty is shared between the national and the local government units; powers are divided between a central government and several local governments. (Example: United States

Countries with complete independence are said to be sovereign.

Federal systems work well in countries where variations in local conditions, economies, or cultures make it impractical or inefficient to try to impose a single system or make it difficult to make decisions from a central location.

Unitary systemA unitary system is one where sovereignty rests on the shoulders of the national government; all powers are held by a central agency. (Example: Great Britain

Every citizen in the country is entitled to the same rights and benefits.

Unitary systems make it easier to maintain a sense of national identity

Belgium, Bulgaria, France, the Netherlands, Japan, Poland, Romania, the Scandinavian countries, Spain, and many of the Latin-American and African countries

Thanks!

Any questions?