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Origins of U.S. Government
Unit 1
http://www.polleverywhere.com/multiple_choice_polls/OTU4NjE3NDg0
http://www.youtube.com/watch?v=TYKAbRK_wKA
The Origins of U.S. The Origins of U.S. GovernmentGovernment
““Knowledge will forever govern ignorance; and a people who mean to
be their own governors must arm themselves with the power which
knowledge gives.”.” ~ James Madison
Warm Up • Thomas Hobbes believed people are born into
a state of chaos and are bad, government is needed to correct this state of chaos.
• John Locke believed people were born good and natural conflicts occur which government can correct.
• Which do you agree with and why?
State of Nature• The natural state of
man before the formation of government. No laws or restrictions on behavior
• Natural Rights• Law of Nature• Civic Virtue:
– Sacrificing for the benefit of the community, giving of yourself to benefit others
• Which enlightenment thinker spoke of the social contract between the people and their government? The People are the government.
• Which theory of the origin of the state gave justification for the Declaration of Independence to be written and signed?
In your opinion, which Philosopher was correct about human nature? Locke or Hobbes?
•Topic Sentence•Explain giving at least 2 pieces of evidence
Warm Up
• List the four elements of a state• Which one of the four is Colorado missing?• Which theory of the origin of the state was
used as justification for the U.S. declaring independence?
Hobbes Leviathon Soc. Contract corrects natural state of chaos People are born bad, set ground work for Locke
Locke Treatise of Gov.
(1690)
Soc. Contract Consent of governed People are born good
Smith Wealth of Nations
(1776)
Self-Interest/
Capitalism
Beccaria On Crimes and Punishments
Father of 8th Amendment
Montesquieu Spirit of Laws Separation of Powers
Force Theory One group claimed control and all to submit to that group’s rule. All elements of state exist
Evolutionary Theory
The state began with the family ethnic related
Divine Right Theory
God created the state and will decide who will rule
Social Contract Theory
People agree to give up as much power as is needed to promote well being of all
Origins of the State
“A free people claim their rights as derived from the laws of nature, and not as the gift of their chief magistrate.” – Jefferson 1774
“The sacred rights of mankind are not to be rummaged for, among old parchments, or musty records. They are written, as with a sunbeam, in the whole volume of human nature, by the hand of the divinity itself; and can never be erased or obscured by mortal power.” - Hamilton 1775
Categorizing Government• Where is the Power?
– Unitary– Federal– Confederacy
• Legislative/Executive Relationship– Presidential– Parliamentary
• Who can participate? DictatorshipDemocracy
Warm Up #6
• Which would you prefer for the United States, – The President elected for a set term – The ability for the Congress to call for new
elections whenever they feel the President needs to be replaced
• Why?
Geographic Dist. Of Power
1.Central gov
1. Strongest Central power2. Lacks checks and balances
1. Weak Central gov.2. Power to the States
1. Local, Central Share power2. Regionalized needs voiced
1. Strong central power 1. Polarized power structure
1. Division of power local and central
Number of Participants pp.12-16
1.Small group holds power, not the people2.Not held accountable to the people.3. Oligarchy (N.Korea, China), autocracy, Theocracy,
1.Power to the people2.Two forms
DirectIndirect/Republic/
Rep Democracy
1.Elections2. Laws
Executive/Legislative Relationship pp.12-16
1.Set term in office2.Separation of powers Leg/Exec3.Elected by the people
1.Prime Minister stays only with support of Parliament2.Elected by parliament
1.Cabinet2.Legislature elected by the people
Magna Carta 1215 Petition of Right 1628
English Bill of Rights 1688
Read pp. 29-30 List at least 4 characteristics of each of the following:Magna Carta, Petition of Right, and English Bill of Rights
Activity
• Match the U.S. Bill of Rights with the English Bill of Rights
• Write down the similarities
Preamble 1787/ Magna Carta 1215
We have also granted to all freemen of our kingdom, for us and our heirs forever, all the underwritten liberties, to be had and held by them and their heirs, of us and our heirs forever
We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence,[note 1] promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
Warm up
List three ideas that Jefferson and Locke shared in their two documents, the “Declaration of
Independence” and “Second Treatise of Civil Government”
• People have the power to change government• All men are created equal• Popular sovereignty, Social Contract• Government should protect basic rights
Warm up
• Read pp.44-47• What was the Articles of Confederation?• List four weaknesses of the Articles of
Confederation.• What was the conclusion of the Annapolis
Convention?
Declaration of Independence
• Dramatic Reading of the Declaration of Independence
• Declaration Read by NFL Alumni
Articles of Confederation1781-1789
• United For:– Common defense– Security of liberties– General welfare
• Structure– Congress– No executive or judicial branches
Articles of Confederation1781-1789
• States rights– Powers not delegated congress
• Weaknesses– One vote– No taxing powers– No commerce regulations– No executive to enforce acts– No national court system– Amendments only by all states agreeing– 9/13 required to pass a law
Trace the origins of the U.S. Constitution through a minimum of three documents or theories. Be sure to explain how they influenced the development of U.S. government.
•The thesis should be at the top in statement form. You do not need an intro paragraph. No conclusion paragraph•Supporting evidence should be given in following paragraphs; one paragraph for each big idea of supporting information (3 examples). •Be sure to include a minimum of 3 examples (Paragraphs) of theories or documents.•Don’t forget the question is asking for three theories or documents and how they influenced the development of U.S. Government.
3 points for listing three, 7 points for explaining their significance
Magna Carta
Petition of Right
English Bill of Rights
Va. Dec of Rights
U.S. Bill of Rights/Constitution
Trial by jury X X X
Due Process X X X
Monarch or Chief Executive is not absolute
X X X X
No unreasonable search and seizure, no cruel punishment
X X
No excessive bail X X
Right to bear arms X X
Property Rights X X
Right to Petition X X
Free speech, press, religion X X
Consent of Parliament X X
No Military Rule X XNo standing
Army
X
No Quartering X X
No Taxation without consent
X X X
Free parliamentary elections
X X
Fair and speedy trial X X
Documents and Theories That Led to the Creation of the
Constitution• Magna Carta• Petition of Right• English Bill of Rights• Social Contract• Declaration of Independence• John Locke, T. Hobbes, Smith, Montesquieu,
Beccaria , George Mason
Chap. 2 Sec. 4Warm Up
Unit 2 Warm Up #1• Equal representation• Representation by
population• Small States• Large States• Strong Central Gov.• Confederation of States• Bi-Cameral• Compromise
Categorize the Left Hand Column by the State plan they best represent
VirginiaNew JerseyConnecticut
Unit 2 Warm Up #2
• What Compromise was made to calm Southern fears that the new government would be funded by taxing exports?
• What Compromise was made to allow Southern States to increase the population count of their States by counting a portion of their slaves in order to allow for more Representatives?
Large StatesBased on population3 Branches2 House legislature
Small StatesOne HouseEqual representationEach State one vote
• Southern States feared Congress Tax Tobacco
• No tax on exports from U.S.• Can’t act on slave trade for 20
years
• Congress will be made up of two houses
• States represented equally in Senate
• House representation based on population
• Satisfied smaller states
• Called “The Great Compromise”
• What were five objections the Anti- Federalists had to the Constitution? Pp.56-57
Ratification processThat God was not mentionedStates couldn’t print moneyCentral Gov. too powerfulThat there wasn’t a Bill of Rights
• James Madison, John Jay and Alexander Hamilton wrote 85 essays
• Stressed weaknesses of the AOC• Convincing commentary in NY on
ratifying the Constitution
• Again, debate between the Federalists and the Anti-Federalists
• Led to the creation of The Federalist, 85 essays supporting ratification written by Alexander Hamilton, John Jay and James Madison.
• Written under the pen name, Publius
• Finally enough support on September 13, 1788
• NYC was the temporary capital
• First presidential election set for first Wednesday in January
• George Washington was unanimously elected President, John Adams VP
• Philadelphia became temporary capitol
Federalist Papers Debate
• Two-Four per team• Your team will be given a Federalist Paper #
to prepare a position for debate• Write an opening statement (at least 3
points)• Prepare arguments for and against• Write a closing statement
Federalist Papers Debate
• Federalist 72– Resolved: Ronald Reagan is correct in believing
that a President should not be limited to two terms in office
• Federalist 78– Resolved: Alexander Hamilton was correct in
believing that Supreme Court Justices should serve for life and not be limited.
Federalist Papers Debate
• Federalist 9 and 10 – Resolved: Madison was correct in believing
that a large Republic better serves the will of the people than 13 small republics would.
• Federalist 51– Resolved: Madison was correct in believing
that Judges should be appointed by the President rather than elected by the people.
Due in 25 Minutes• Opening Statement With at least three specific
arguments• Details on the three arguments• Written details with opening statement must
be written and turned in.
Order of Debate
• Opening Statement– Pro – Con
• Statement/ Questions pro- con• Statement/ Questions pro- con• Statement/ Questions pro- con• Closing Statement
– Con– Pro
Warm Up # 4Write the Branch of Government that has the power or
characteristic listed•Declares acts of Congress unconstitutional•Make laws•Veto legislation•Remove judges•Recommend legislation•Enforces laws•Approves or rejects appointments•Appointed for life
• Carries out laws• Appropriates funds • Appoints supreme court justices• Override veto• Appoints federal judges• Removes a President• Approves treaties• Makes laws
Warm Up # 4• Write down a situation in which Local, State,
or National government had a conflict with each other.
• How was it resolved?• Examples: Congress over whether we should
stay or withdrawal from Iraq.• City over expansion plans on an East West
corridor.
6 Principles of the Constitution• Popular Sovereignty
– Power to the People/ people are the source of Gov. power/ “We the People”
• Limited Government– Rule of Law/ Constitutionalism
• Separation of Powers– 3 Branches/non Parliamentary/ not centralized power
• Federalism– Shared powers State and Central Governments/ American Gov.
System/ Compromise to Articles of Confederation• Judicial Review
– Deciding constitutionality of laws/ Marbury v. Madison• Checks and Balances
– No one branch is superior to the other/ Veto/ confirmation hearings
Warm Up # 4
• What is the constitutional principle that was devised as a compromise between a powerful central government and a loose confederation of States?
• Federalism
Formal Amendments pp. 72-77• Method 1 26 of 27 done in this manner• Proposed by 2/3 vote in both houses only
by Congress• Adopted by ¾ or 38 State legislatures• Method 2 1 of 27 done in this manner• Proposed by 2/3 of Congress• Adopted by ¾ States in State conventions• Method 3 Proposed by national convention• Adopted by ¾ State legislatures• Method 4 Proposed by national convention• Adopted by ¾ State conventions
Informal Amendments pp. 79-82• Basic Legislation
– Details were added by Congresses – Ways it interprets the Constitution
and carries out its duties• Executive Actions
– Presidential use of Necessary and Expedient Clause “Necessary & Expedient Clause” Detroit
– Executive order
Informal Amendments pp. 79-82
• Supreme Court Decisions– Marbury v. Madison
• Political Parties– Nomination process– Election process
• Customs– Cabinet– 2 terms for President– Presidential succession