U.S Government Unit 1 Study Guide

The Declaration of Independence and Social Contract Theory

These two developed from enlightenment ideas

Enlightenment

The ___ was an intellectual movement that emphasized reason, individual rights, liberty, equality, and the role of government.

Who was John Locke?

An English philosopher that lived from 1632-1704 and wrote Second Treaties of Government in 1690.

Major Ideas of John Locke

Natural Right: ___ believed that people are naturally entitled to certain rights. The three natural rights empasized are: Life, Liberty, Property.

John Locke’s view of government

The government exists to protect people’s natural rights.

The government gets its legitimate authority from the consent of the people.

If a government fails to protect people's natural rights, citizens have the right to overthrow the government and establish a new one.

John Locke’s connection to America

1. __ ideas directly influenced the Declaration of Independence.

2. Thomas Jefferson’s language about life, liberty, and the pursuit of happiness reflects __ ideas about natural rights.

Who was Baron de Montesquieu?

A French philosopher who lived from 1689-1755 and wrote The Spirit of the Laws in 1748

Major Idea of Montesquieu

Government should be decided into separate branches with different responsibilities. ___ argued that government power should not be concentrated in one person or group. Separating government powers helps prevent the abuse of power.

The three branches if the U.S government

Legislative: makes laws

Executive: enforces laws

Judicial: interprets laws

Who was Jean-Jacques Rousseau?

A French philosopher who wrote The Social Contract in 1762

Major Ideas of Rousseau

Social Contract: ___ believed that people and government enter into a relationship in which government authority is based on the will of the people. ___ enlightenment ideas emphasized greater rights for common people.

Popular Sovereignty

The people are the ultimate source of government power

Social Contract Theory

Explains the relationship between the people and their government.

People agree to create a government — government protects their rights — government gets its authority from the people.

If government becomes destructive of the people's rights, the people can change or replace the government

Consent of the Governed

Government’s authority comes from the people

Social Contract

An agreement between the people and their government about government authority and responsibilities

The Declaration of Independence

The ____ was written in 1776, contains several enlightenment ideas.

Equality: people are created equal

Natural Rights: People possess certain rigid that cannot laboriously be taken away

Life & Liberty: Government should protect fundamental rights

Consent of the Governed: Government heed our legitimate power from the people

Right to Alter or Abolish Government: When government becomes destructive of its purposes, the people have the right to change or replace it

Direct Democracy

Citizens participate directly in making government decisions.

ex. voters directly approve a proposed tax change or constitutional amendment.

Representative Democracy/Republic

A system in which citizens elect representatives to make laws and govern on their behalf.

ex. americans elect members of congress to make laws.

The United states are ___.

Athens & Direct Democracy

Ancient Athens is an important historical example direct democracy. In Athens, citizens participate directly in government.

Separation of Powers

Divided power among branches of government

Federalism

Divides power between the national government and state government

Locke =

Montesquieu =

Rousseau =

Rights

Branches

Social Contract

Natural Rights

rights people possess by nature, including life, liberty, and property

The Enlightenment was an intellectual movement that emphasized:

Reason and logic

Individual rights

Liberty

Democracy

Government based in the consent of the people

Religious tolerance

Individual Rights

People possess certain rights and freedoms that government should protect.

Ex. Freedom of speech, Freedom of religion, Due Process

Limited Government

Government power is restricted by laws and constitutional rules.

Ex. The Bill of Rights limits what government can do to citizens

Checks and Balances

Each branch has powers that can limit or check the other branches

Ex.

President vetos a Bill — Executive checks Legislatve

Congress can override a veto — Legislative checks Executive

Senate confirms presidential appointments — Legislative checks Executive

Congress can impeach officials — Legislative checks Executive

Congress appoints federal judges — Executive checks Judicial

Courts can review government actions and interpret whether they comply with the constitution

Due Process

Government must follow established rules and procedures when dealing with citizens

Unitary Government

Power is concentrated in a central/national government

Confederation

States or regional governments retain significant power while the central government is weak

Magna Carta

1215

Limited the power of the monarch

Established that government officials are subject to law

Influenced later ideas about individual rights and limited government

Petition of Right

1628

Limited the power of the English monarch

Protected people from arbitrary imprisonment

Restricted taxation without Parliament’s approval

Rejected martial law during peacetime

English Bill of Rights

1689

Limited government power

Protected certain individual rights

Influenced American ideas about government and rights

Declaration of Independence

1776

Declared independence from Great Britian

Explained why the colonies were separating

Identified natural rights

Supported government based in the consent of the governed

Reflected Social Contract Theory

Articles of Confederation

The first government of the United states

Created a weak central government

Gave significant power to the states

Reflected Americans’ distrust of strong central government

Has weaknesses that led to the Constitutional Convention

U.S. Constitution

Created the current framework of the U.S. government

Three branches

Two-house congress

Separation of Powers

Checks and Balances

Federalism

Limited government

Bill of Rights

The first 10 amendments of the constitution

Protect individual liberties

Limit government power by placing restrictions on government actions

Protect citizens from government abuses

Constitutional Convention

In 1787, delegates meet in Philadelphia to revise the articles of confederation. Instead, they created an entirely new framework of government: the U.S. Constitution.

Virginia Plan

Favored by states with large populations

Three branches of government

Two-house legislature

Representation based on population

New Jersey Plan

Favored by states with small populations

Three branches

One-house legislature

Equal representation for each state

The Great Compromise

The Great Compromise resolved the conflict between large and small states over representation

Created Bicameral Congress:

House of representatives - Representation based on state population

Senate - Each state gets 2 senators, Equal representation

Three-Fifths Compromise

The Constitution Convention also debated how enclaves people would be counted for determining representation.

“Three out of every five enslaved people would be counted when determining a state’s population for representation and certain taxation purposes.”

This did not give enslaved people the right to vote

Enslaved people were still treated property under the legal system of slaveholding states

Slavery and the Constitution

The Constitution did not abolish slavery

“The importation of enslaved people could continue until 1808

The Constitution’s compromises over slavery reflected the conflict between Northern and Southern states

Federalists

Supported the Constitution

Favored a stronger national government

Believed the Articles of Confederation created a government that was too weak

Supported ratification

Anti-Federalist

Opposed or criticized the proposed constitution

Feared a government that was too powerful

Supported stronger state governments

Worried that individual liberties were not adequately protected

Wanted a Bill of Rights

Legislative Branch — Congress

Consist of: House of representatives, Senate

Pass Laws

Override presidential vetos

Impeach officials

Approve presidential appointments through the senate

Executive Branch — President

Veto bills

Appoint judges and other officials

Command the military

Call congress into special session

Issue Pardons

Judicial Branch — Courts

The Supreme court:

Interprets the constitution

Reviews legal cases

Can determine whether laws or government actions are constitutional

Federal judges are appointed and, under the constitution, generally serve during good behavior rather than for fixed times

Supremancy Clause

The constitution and federal laws made under it are the supreme law of the land when they are validly made under constitutional authority

Elastic Clause / Necessary and Proper Clause

Allows congress to make laws necessary same proper for carrying out its enumerated powers

Veto

The president’s power to reject a bill passed by congress

Judicial Review

The power of courts to review laws and government actions for constitutionality

The constitution as a living document

The idea emphasized is that the constitution can be interpreted and applied as society changes. This does not mean the constitution can simply be changed whenever someone wants. Formal amendments still require the constitutional amendment process.

Supreme and Federal Courts

Federal courts have jurisdiction over certain cases involving federal law and disputes between citizens of different states.