LECTURE NOTES

1. Define and explain the significance of the following:

      Magna Carta- 1215 King John was forced to sign it. First time the powers of the British King were limited.  Eventually led to our government.  First tidal step on the road to democracy.

      John Locke- Single most influential philosopher (British) living in 1600’s that wrote political theories, which influenced our framers and original leaders.  He was a keynote designer in our political ideas. 

1.   Principle that all men are created equal.

2.   All people have “certain unalienable rights” including life, liberty, and property (the pursuit of happiness)

3.    Governments are created by people “To Secure These Rights”

4.   All governmental powers is based on “The consent of the governed”

5.   If Government becomes destructive of these ends, it is the right of the people to alter or to abolish it.

·         Bill of Rights- Most complete grouping of rights in the constitution. Tells us the rights of the people. This is one of the most important limitations on the powers of the national (and state) governments. 

·         Supremacy clause- if a federal and state law conflict then the Federal Law is Supreme over the State Law.  The Constitution is supreme over Federal Law.

      Exclusive, concurrent & reserve powers:

·         Exclusive powers- powers only the national government has

·         Concurrent powers- powers shared by the national and state government

·         Reserved powers- powers only the states have - found in the 10th Amendment

  Explain the purpose and functions of constitution in the American political experience.

• constitution defines and limits government powers.

• Sets down in writing, the rights of the people.

• Tells us the structure of government. Judicial, legislative, and executive branches established in writing.

• Includes the rules and operating procedures for government.

• It is the supreme and final law of the land. It is above all other laws. It is semi- permanent. (some rights are so vital and necessary that some of them are in the constitution to prevent them from being changed without first experiencing great difficulty)

   Discuss government under the Articles of Confederation: its structure, powers, and defects.

       Our government from 1783-1789. Confederacy (Strong states and a weak    National Government)

A. Strong states weak national government

·         “League of friendship”

·          Structure: one branch legislature

• No executive- Feared another tyrant or monarch

• No Judiciary- feared would interpret the Constitution taking away power  from the states - so no one interpretation of the Constitution and no way to settle disputes between the states

Congress- Unicameral- One house congress

a.      Every state had one vote.

b.      One year terms & Recall

c.      Vote on instructions for home state

d.      Paid by State

e.      9 of 13 for most action-- a ¾ majority

Powers Lacking

      a.   Tax- Cannot Tax - so government bankrupt

b.    Regulate Trade- Cannot Regulate the Economy

c.    Raise Army- Feared Military Control or enforcement.

1.      Separation of Powers

2.      Checks and balances

            Examples:

              President can veto bills passed by congress

             Congress can override veto

             Senate must ratify treaties

             Courts power of judicial review over Acts of Congress & President

3.      Federalism
Divided up government power more evenly between 2 independent levels of government - the national and state government - this was a compromise between the confederacy (strong states & weak national government) and the unitary system (national government having all of the power). This was a more even division of powers.

·         Exclusive powers - National government - only has this

·         Shared powers - Concurrent- both state and national share

·         Reserved powers - only state has these powers - defined in 10th Amendment

4.      Judicial Review
Power of our courts to determine the constitutionality of any government law or any government action. - By President, Congress states & contributes to the power of the courts.

5.      Limited Government
One of the ten essentials of a democracy.
Outlining restrictions on powers - Article I  - Sec. 9 & 10 - list of powers prohibited national government & states
Bill of rights. - rights the national government (and eventually the states) cannot deny the people

6.      Popular Sovereignty
Government’s power rests with the people.
People have the final say and are the ultimate authority. - through elections and right to criticize and lobby government.

• Discuss whether democracy, in the modern sense, existed in the newly created nation in 1789 when the U.S. Constitution went into effect.

·    No the framers  of the Constitution intended to establish a Republic, composed of elected officials chosen by the elite.  People weren’t directly electing the government – the only part of the national government to be elected by the people in 1789 was the House of Representatives; US Senators were chosen by their state legislators and the president was chosen by electors in the Electoral College-

•  to vote in 1789 – the were 4 key requirements a person had to meet:

·         white

·         male

·         property owner

·         and meet some religious requirements ( in some states)

·         only 5% were eligible to vote.

·         Why? The elites didn't trust common people? Over 200 years we have become slowly and painfully become a democracy—through amendments to the US Constitution and through various laws and changing practices

·        Discuss and evaluate the various methods (formal) and informal of changing the U. S. Constitution

Other ways constitutional change occurs:

·         Court Decisions - a reinterpretation of the Constitution—examples

·         1st amendment-- organized school prayer, legal for 175 years, is now unconstitutional –as of 1962     

·         14th Amendment—Segregation (having separate facilities for blacks and whites was legal from 1896 until 1954 and did not violate the 14^th amendment’s guarantee of “equal protection” of the laws –this was overturned in 1954—Brown v. Board of Education

·         Right of Privacy-- Abortions could be legally restricted or banned by the states until 1973 when Roe v. Wade established that a woman’s right to privacy included controlling her body and deciding whether she wanted to have the child or terminate the pregnancy. 

·         Presidential Acton- Ex- the president’s war powers have gradually been allowed to expand over 200+ years of U.S. history as presidents stretched their powers as commander-in-chief to respond to varies challenges the U.S. faced 

            Examples include:

·         The Tripolitan War (1805)

·         The Korean War (1950-53)

·         The Vietnam War (1965-75)

·         The Grenada invasion to remove the Marxist government and protect US lives (1986)

·         The Panama invasion to remove dictator Noriega from power (1991)

·         By changing political cultures and practices & beliefs. Ex- Electoral College—the manner in which electors are chosen and how they are supposed to vote