Part I Comparative Government

• An Oligarchy is a form of government in which power effectively rests with a small elite segment of society distinguished by royal, wealth, intellectual, family, military or religious dominance.

• Such states are often controlled by politically powerful families whose children are heavily conditioned and mentored to be heirs of the power of the oligarchy.

• Some people say we live in one of these now. Why?

Theocracy (“theo” = God/religion “cracy” = government)

• In an theocracy, religion is used as the form of government.

• Typically, this means that the government and the “church” are the same thing.

• Examples include early Puritan colonies and current Islamic states.

• Representative democracy is a form of government founded on the principle of elected individuals representing the people.

• Representatives are put in charge of acting in the people’s best interests. They are able to choose what they think is best.

• U.S. is a Representative Democracy (Presidential System)

• People collectively make decisions for themselves, rather than having their political affairs decided by representatives.

• Referred to as Pure Democracy• Ancient Greece (Athens 500 B.C.)

• A dictatorship is defined as an autocratic form of government in which the government is ruled by an individual, the dictator.

• The dictator may also take away much of its peoples’ freedom.

• An Example is Nazi Germany under Hitler.

• This is technically not a form of government because it means the absence of a government institution.

• No society has been successful operating under and Anarchy.

• Absolute monarchy is a form of government where the king or queen has absolute power over all aspects of his/her subjects' lives.

• In an absolute monarchy there is no constitution or legal restriction on the monarch's power.

• As a theory of civics, absolute monarchy puts total trust in well-bred and well-trained monarchs raised for the role from birth.

• Totalitarian rule is a political system where the state recognizes no limits to its authority and strives to regulate every aspect of public and private life.

• Totalitarianism is generally characterized where ordinary citizens have no significant share in state decision-making.

• The Soviet Union under Lenin is a good example.

• Most constitutional monarchies employ a parliamentary system in which the monarch is the ceremonial head of state and a directly- or indirectly-elected prime minister is the head of government and exercises effective political power.

• An example is Great Britain.

Part IIHistory and Basics of the Constitution

Separation of PowersSeparation of Powers

The Constitution assigns certain The Constitution assigns certain powers to each of the three powers to each of the three branches (legislative, executive, branches (legislative, executive, and judicial).and judicial).

Another way of looking at it is that Another way of looking at it is that each branch has its own job each branch has its own job description.description.

Popular SovereigntyPopular Sovereignty

The word “popular” refers to The word “popular” refers to “population” or the people. This “population” or the people. This means the government receives means the government receives its power from the people. As it its power from the people. As it says in the preamble to the says in the preamble to the Constitution: “We the people…”Constitution: “We the people…”

FederalismFederalism

A system of government in which A system of government in which power is divided between a central power is divided between a central government (federal) and smaller government (federal) and smaller governments (states).governments (states).

It’s intended to make sure that the It’s intended to make sure that the central government is powerful enough central government is powerful enough to be effective, yet not so powerful as to be effective, yet not so powerful as to threaten states or individuals.to threaten states or individuals.

Rule of LawRule of Law

The law applies to everyone, The law applies to everyone, even those who govern. No even those who govern. No one may break the law or one may break the law or escape its reach.escape its reach.

Checks and BalancesChecks and Balances

Each of the three branches has Each of the three branches has the ability to restrain the other the ability to restrain the other two.two.

This keeps any branch from This keeps any branch from becoming to powerful.becoming to powerful.

The Articles of ConfederationThe Articles of Confederation

This was the first set of laws that the new This was the first set of laws that the new country was based on.country was based on.– It established a limited national government It established a limited national government

and gave more power to individual states.and gave more power to individual states.– The national government only had one The national government only had one

branch: The Legislative.branch: The Legislative.They had to make the laws and enforce them.They had to make the laws and enforce them.

There was no judicial branch, each state had their There was no judicial branch, each state had their own court system.own court system.

Problems with the Articles of Problems with the Articles of ConfederationConfederation

Congress could not tax the states or carry Congress could not tax the states or carry out laws, they could only petition or “ask”out laws, they could only petition or “ask”

Changes in the Articles could only be Changes in the Articles could only be made if all 13 states agreed!made if all 13 states agreed!

This made it difficult for the national This made it difficult for the national government to get things done.government to get things done.

The Connecticut CompromiseThe Connecticut Compromise

This settled the argument over This settled the argument over representation in the Legislative Branch representation in the Legislative Branch over representation.over representation.To make the larger states happy they To make the larger states happy they made one house (the House of made one house (the House of Representatives) based on population.Representatives) based on population.To keep the smaller states happy they To keep the smaller states happy they made another house (The Senate) where made another house (The Senate) where each state automatically gets 2 delagates.each state automatically gets 2 delagates.

3/53/5thth Compromise Compromise

This was about representation in the House of This was about representation in the House of Representatives because it was based on Representatives because it was based on Population.Population.

The southern states wanted to count their slaves The southern states wanted to count their slaves towards the population. This would mean they towards the population. This would mean they would get more representatives in Congress.would get more representatives in Congress.

Finally, they decided that they would count 3 of Finally, they decided that they would count 3 of every 5 slaves. This means out of 100 slaves, 60 every 5 slaves. This means out of 100 slaves, 60 would count.would count.

The Virginia PlanThe Virginia Plan

This addressed the weaknesses of the Articles This addressed the weaknesses of the Articles of Confederation by creating the 3 branches of of Confederation by creating the 3 branches of government that we have today.government that we have today.

The Legislative Branch would have new powers, The Legislative Branch would have new powers, including the power to tax the states.including the power to tax the states.

The Executive Branch would enforce the laws The Executive Branch would enforce the laws the legislative branch made.the legislative branch made.

The Judicial Branch would make sure laws and The Judicial Branch would make sure laws and acts were fair. acts were fair.

The 3 BranchesThe 3 Branches

The The LegislativeLegislative BranchBranch makes the laws, taxes, makes the laws, taxes, declares war, etc. and answers to the public declares war, etc. and answers to the public during election time.during election time.The The Executive BranchExecutive Branch: Basically, the President : Basically, the President is in charge of executing, or following through is in charge of executing, or following through with, the laws Congress makes.with, the laws Congress makes.The The Judicial BranchJudicial Branch: Basically, this branch : Basically, this branch decides whether actions or laws are fair decides whether actions or laws are fair according to the Constitution. Its Judges are according to the Constitution. Its Judges are chosen by the President and confirmed by the chosen by the President and confirmed by the Senate.Senate.

The Bill of RightsThe Bill of Rights

Remember the argument between the Remember the argument between the Federalists and anti-federalists? Well, the Federalists and anti-federalists? Well, the Bill of Rights is a product of that.Bill of Rights is a product of that.

The Anti-Federalists got everyone to agree The Anti-Federalists got everyone to agree to come back later and make some to come back later and make some amendments to the Constitution that amendments to the Constitution that protected American citizens from the protected American citizens from the Government.Government.

Bill of Rights is RatifiedBill of Rights is Ratified

On December 15, 1791 the Bill of Rights On December 15, 1791 the Bill of Rights became part of the Constitution.became part of the Constitution.

Since the Bill of Rights the Constitution Since the Bill of Rights the Constitution has only been has only been amendedamended 17 times. 17 times.

The Constitution has remained one of the The Constitution has remained one of the longest lasting in the World and it has longest lasting in the World and it has provided for the changes that the future provided for the changes that the future would need.would need.

Part IIIThe Bill of Rights

and Other Amendments

The government of The government of the United States, the United States, which began more which began more than two hundred than two hundred years ago, affords years ago, affords the people of our the people of our country such country such protection largely protection largely through the through the Bill of Bill of RightsRights as the first as the first 10 amendments to 10 amendments to the United States the United States Constitution are Constitution are collectively and collectively and commonly known. commonly known.

What rights are Guaranteed?What rights are Guaranteed?

The first 8 amendments contain the The first 8 amendments contain the fundamental rights and freedoms of fundamental rights and freedoms of every citizen. every citizen.

The 9th Amendment forbids the The 9th Amendment forbids the government to limit freedoms and government to limit freedoms and rights that are not listed in the rights that are not listed in the Constitution. Constitution.

The 10th Amendment limits the powers The 10th Amendment limits the powers of the federal government to those that of the federal government to those that are granted to it in the Constitution.are granted to it in the Constitution.

Terms to KnowTerms to Know Slander – Spoken untruths that are harmful to Slander – Spoken untruths that are harmful to

someone’s reputationsomeone’s reputation Libel - Written untruths that are harmful to Libel - Written untruths that are harmful to

someone’s reputationsomeone’s reputation Indictment – A formal charge by a Grand JuryIndictment – A formal charge by a Grand Jury Bail – A sum of money used as a security Bail – A sum of money used as a security

deposit to ensure that an accused person deposit to ensure that an accused person returns for his or her trialreturns for his or her trial

Suffrage – The right to voteSuffrage – The right to vote Due Process – Following established legal Due Process – Following established legal

proceduresprocedures

First AmendmentFirst Amendment

Freedom of ReligionFreedom of Religion Government may not may not require Government may not may not require

citizens to accept any specific religion, citizens to accept any specific religion, engage in any religious activity, or engage in any religious activity, or satisfy any religious qualification for satisfy any religious qualification for public office.public office.

Free exercise of religion gives people the Free exercise of religion gives people the right to hold any religious beliefs they’d right to hold any religious beliefs they’d like to, no matter how unusual it might like to, no matter how unusual it might be.be.

First Amendment Cont’dFirst Amendment Cont’d

Freedom of Speech: Most speech is Freedom of Speech: Most speech is protected, speech that calls for protected, speech that calls for violence against the government is violence against the government is an example of one type that is not an example of one type that is not allowed.allowed.

Freedom of the Press: The right of Freedom of the Press: The right of the press to publish without fear of the press to publish without fear of government censorship.government censorship. Why is this so important?Why is this so important?

First Amendment Cont’First Amendment Cont’

Freedom of Assembly: As long as it is Freedom of Assembly: As long as it is peaceful, people can join together to peaceful, people can join together to protest anything they’d like.protest anything they’d like. This is another thing that separates us from This is another thing that separates us from

some other countries. Who can tell me about some other countries. Who can tell me about Burma?Burma?

First Amendment Cont’dFirst Amendment Cont’d

Right to Petition: This not only Right to Petition: This not only involves the collection of signatures involves the collection of signatures but it also includes picketing outside but it also includes picketing outside of a government building. of a government building.

Picketing combines the right to Picketing combines the right to assemble with the right to petition assemble with the right to petition the government.the government.

Second AmendmentSecond Amendment

Right to Bear Arms: This was a Right to Bear Arms: This was a necessity when the Constitution was necessity when the Constitution was written. Why?written. Why?

Does this necessity still exist?Does this necessity still exist?

Third Amendment:Third Amendment:

Freedom from Quartering of Troops: Freedom from Quartering of Troops: In colonial times, private citizens In colonial times, private citizens were often forced to take British were often forced to take British soldiers into their homes.soldiers into their homes.

Today, members of the armed forces Today, members of the armed forces live on military bases or in their own live on military bases or in their own homes.homes.

Fourth AmendmentFourth Amendment

Freedom From Unreasonable Search Freedom From Unreasonable Search and Seizure: Everyone’s person, and Seizure: Everyone’s person, home, papers, and possessions home, papers, and possessions should be secure.should be secure.

When sufficient evidence is there the When sufficient evidence is there the cops can search people. What do cops can search people. What do they usually need? All of the time?they usually need? All of the time?

Do you have this right in school?Do you have this right in school?

Fifth Amendment:Fifth Amendment: Freedom to Own Property: This is the Freedom to Own Property: This is the

cornerstone of the capital system.cornerstone of the capital system. Like other freedoms, this one is not Like other freedoms, this one is not

absolute. For example: Private home absolute. For example: Private home owners can not use their home for illegal owners can not use their home for illegal purposes.purposes.

Property can be taken away with Property can be taken away with Eminent Eminent DomainDomain, private property can be taken , private property can be taken when it’s for the greater public good. Like a when it’s for the greater public good. Like a highway for example.highway for example. The fifth Amendment guarantees that The fifth Amendment guarantees that

private property owners will receive “just private property owners will receive “just compensation” for giving up their land.compensation” for giving up their land.

Fifth Amendment Cont’dFifth Amendment Cont’d

Freedom from Prosecution Without Freedom from Prosecution Without Indictment: The police have the right Indictment: The police have the right to arrest someone who is suspected to arrest someone who is suspected of committing a crime.of committing a crime.

They cannot be brought to trial, They cannot be brought to trial, however unless they are however unless they are indictedindicted by by the Grand Jury.the Grand Jury.

Fifth Amendment Cont’dFifth Amendment Cont’d

Freedom From Double Jeopardy: If a Freedom From Double Jeopardy: If a person is found not guilty by a judge person is found not guilty by a judge or jury, they may not be tried again or jury, they may not be tried again for the same crime.for the same crime.

Guarantee of Presumed Innocence: Guarantee of Presumed Innocence: The courts must presume that The courts must presume that everyone charged with a crime is everyone charged with a crime is innocent until proven guilty.innocent until proven guilty.

Fifth Amendment Cont’dFifth Amendment Cont’d

Freedom From Self-Incrimination: Freedom From Self-Incrimination: People accused of a crime cannot be People accused of a crime cannot be forced to testify against themselves.forced to testify against themselves.

Guarantee of Due Process: No person Guarantee of Due Process: No person should be deprived of life, liberty, or should be deprived of life, liberty, or property without due process of law.property without due process of law.

Sixth and Seventh AmendmentSixth and Seventh Amendment

Guarantee of Jury by Trial: Guilt or Guarantee of Jury by Trial: Guilt or innocence in a criminal case must innocence in a criminal case must be decided by the 12 men and be decided by the 12 men and women of the trial jury.women of the trial jury.

The right to a “speedy” and public The right to a “speedy” and public trial.trial.

The Sixth Amendment Cont’dThe Sixth Amendment Cont’d Right to be Informed of Charges: A Right to be Informed of Charges: A

defendant in a civil or criminal trial must defendant in a civil or criminal trial must be told the nature of the charges.be told the nature of the charges.

Right to Confront Witnesses: All accusers Right to Confront Witnesses: All accusers and witnesses must face the defendant in and witnesses must face the defendant in open court.open court.

Right to Secure Witnesses: Defendants Right to Secure Witnesses: Defendants have the right to secure witnesses to have the right to secure witnesses to testify on their behalf.testify on their behalf.

Right to Counsel: If the defendant cannot Right to Counsel: If the defendant cannot afford to pay an attorney’s fees, the court afford to pay an attorney’s fees, the court will appoint a public defender.will appoint a public defender.

Eighth Amendment:Eighth Amendment:

Guarantee of Reasonable Bail: Guarantee of Reasonable Bail: Without the right to post bail, the Without the right to post bail, the accused might spend months in jail accused might spend months in jail waiting for the trial to begin.waiting for the trial to begin.

Freedom from Cruel and Unusual Freedom from Cruel and Unusual Punishment: In the 1700s convicted Punishment: In the 1700s convicted criminals were often beaten and criminals were often beaten and tortured. This amendment stopped tortured. This amendment stopped all of this.all of this.

Ninth and Tenth AmendmentNinth and Tenth Amendment

Limits on the Power of the Federal Limits on the Power of the Federal Government: The ninth amendment Government: The ninth amendment reminds federal officials that even reminds federal officials that even though the Constitution does not though the Constitution does not spell out a particular right, that right spell out a particular right, that right still exists and must be protected. still exists and must be protected. Can you think of one?Can you think of one?

The tenth amendment states that all The tenth amendment states that all powers not delegated to the federal powers not delegated to the federal government are reserved to the government are reserved to the states or to the people.states or to the people.

Other AmendmentsOther Amendments Amendment 13 – Abolition of SlaveryAmendment 13 – Abolition of Slavery Amendment 14 – Civil Rights Amendment 14 – Civil Rights

GuaranteedGuaranteed Amendment 15 – Federal nor State Amendment 15 – Federal nor State

Governments can prevent a citizen Governments can prevent a citizen from voting for race related reasonsfrom voting for race related reasons

Amendment 19 – Women’s Right to Amendment 19 – Women’s Right to VoteVote

Amendment 24 – The government Amendment 24 – The government can’t prevent you from voting if you can’t prevent you from voting if you don’t pay your taxes, and they can’t don’t pay your taxes, and they can’t charge you a tax to votecharge you a tax to vote

Part IVJudicial Branch

Original Jurisdiction• The Supreme Court actually only

has original jurisdiction in 2 types of cases.–Trial cases that involve diplomats from foreign countries.

–Cases in which states are involved.

Powers of the Court

• The legislative and executive branches of the government must follow the rulings of the Supreme Court because of the power of Judicial Review.

• The court is not political because they are in office until they retire, or die.

Selection of Justices

• The President appoints Supreme Court Justices, with the approval of the Senate.

• The President must choose wisely because they want someone who the Senate will approve of.

• Throughout history, the Senate has rejected many presidential nominees to the Supreme Court for various reasons.

Opinion Writing

• Once the Court has reached a decision on the case, one justice gets the job of writing the majority opinion.–The opinion states the facts of the case, announces ruling, and explains the Court’s reasoning.

Written Opinions are…

• VERY IMPORTANT!!! • They set precedent for lower

courts to follow in future cases, and they also communicate their view to Congress, the President, and the public.

Other Types of Opinions

• Unanimous Opinion:• Dissenting Opinion: A justice who

disagrees writes this.• A Concurring Opinion: This is

when a judge who agrees with the majority, but for different reasons shares his/her views.

Terms to Know• Jurisdiction – A court’s authority to hear and decide

cases• Precedent – A ruling that is used as the basis for a

judicial decision in a later, similar case• Brief – A written document explaining the position

of one side or the other in a case• Judicial Review – The power of the supreme court

to say whether any federal, state, or local law or government action goes against the Constitution

Powers of the Court

• The legislative and executive branches of the government must follow the rulings of the Supreme Court because of the power of Judicial Review.

• The court is not political because they are in office until they retire, or die.

Plessy vs. Ferguson• 1898• 14th Amendment• Stated that as long as services

(Education, railway cars, etc.) were “equal”, that was acceptable.

• Established and legitimized segregation until Brown vs. Board of Education.

Brown vs. Board of Education

• 1954• 14th Amendment• Rejected the idea of truly equal but

separate schools. Racial segregation in schools violates the Equal Protection Clause of the Constitution because it’s inherently unequal.

• It began the end of legalized segregation!

Marbury vs. Madison• 1803• Article III of the Constitution• For the first time, the supreme court

determined that part of a law that was being enforced was “unconstitutional”

• This case establishes “Judicial Review” – The power of the Judicial branch to “check” the legislative and executive branches based on the Constitution.

Gideon vs. Wainwright• 1963• 6th Amendment – Right to Counsel• The right to counsel (lawyer) even when

it cannot be paid for is a right that is necessary for “due process” even at the state level

• This case along with Miranda vs. Arizona clarified and confirmed the right to counsel (even during police interrogations)

Miranda vs. Arizona• 1966• 5th and 6th Amendments• People who are arrested must be informed

of their 5th and 6th Amendment rights or what they say may not be used in evidence

• “Mirandize” is in common use. All those arrested are “Mirandized” (Read their rights). Once a suspect has been “Mirandized” what they do say, can be used against them.

Part VLegislative

Branch

The Another Name for Legislative

Branch = Congress

Terms to Know• Bicameral – A legislature consisting of two parts, or

houses• Census – A population count taken by the Census

Bureau• Constituent – A person from a legislator’s district• Filibuster – A tactic for defeating a bill in the Senate

by talking until the bill’s sponsor withdraws it• Conference Committee – A temporary committee

that helps the House and Senate agree on the details of a proposed law

Terms to Know (Continued)• Implied Powers – Powers that Congress has that are

NOT stated explicitly in the Constitution• Expressed Powers – Powers that Congress has that

are specifically listed in the Constitution• Lobbyist – Representative of an interest group who

contacts lawmakers or other government officials directly to influence their policy making

• Writ of Habeas Corpus – A court order that requires police to bring a prisoner to court to explain why they are holding the person

Congress Facts and Information• Senate – 100 Members / 2 Per State / 6 year terms of

office / Requirements to become a Senator – 30 years old, live in the state you represent, been a U.S. citizen for at least 9 years before becoming elected.

• House of Representatives – 435 members / based on population / 2 year terms of office / Requirements to become a Representative - 25 years old, live in the state you represent, been a U.S. citizen for at least 7 years before becoming elected.

A Conference Committee is formed to hold hearings on good and bad points

of a bill

Part VIThe Executive

Branch

The Electoral College officially

elects the President and Vice

President

Terms to Know• Embargo – An agreement among a group of nations

that prohibits them all from trading with a target nation legislature consisting of two parts, or houses

• Treaty – A formal agreement between the governments of two or more countries population count taken by the Census Bureau

• Elector – Person appointed to vote in presidential elections for the major candidates

Constitutional Requirements for

President• At least 35 years old• A native born American Citizen

• A resident of the U.S. for at least 14 years.

Miscellaneous Information

• The Senate approves Presidential appointees for head cabinet departments and other top offices

• The Vice-President can cast a tie breaking vote in the Senate

Commander in Chief• This role gives the president the ability to back

up their foreign policy decisions with force, if necessary.

• Congress has the power to declare war, but only the president can order American soldiers into battle.

• Congress has declared war only 5 times (The War of 1812, The Mexican War, The Spanish-American War, World War I, and World War II.)

• Presidents have sent troops into action over 150 times since 1789.

Roles of the PresidentChief Executive

- The most important job of the President is carrying out the laws passed by Congress.

- To do this, the president is in charge of 15 cabinet departments and the approximately 3 million civilians who work for the federal government.

Elections• Take place every 4 years.• The Constitution does not provide for

direct popular elections of presidents.• Instead, it set up an indirect method called

the Electoral College.• Although the ballot will show the names of

the presidential candidates, when you vote for a candidate, you are actually voting for a list of presidential electors pledged to that candidate.

Number of Electoral Votes

• Each state gets as many electoral votes as its total of representatives and senators.

• Michigan has 17 electoral votes…so how many representatives does it have in Congress?

• Washington D.C. does not have Senators and Representatives but it gets 3 electoral votes.

• There are 538 electoral votes. – How is this number arrived at?

Winner Take All System• Even if a candidate wins the popular

vote in a state by a tiny margin, the candidate gets ALL of the states electoral votes.

• Picture each state as its own separate election or game. The Candidate who wins the most games wins the election.

• States with larger populations are more important to candidates, why?

• The winner take all system makes it difficult for third party candidates to win electoral votes.

Winning the Election• To be elected president a candidate must get at

least 270 of the 538 electoral votes.• Although the winner of the election is usually

announced on the evening of the election (except Bush/Gore in 2000), the formal election does not take place until December.

• The electors meet in each state capital and cast their votes.

• Congress counts the electoral votes and declares the winner.