Tuesday, September 30, 2008
How a bill becomes a law
Remember, the most important step in a bill becoming a law is when the bill is in committee. Go to http://www.access.gpo.gov/congress/ to see the list of different committees and to see what they're up to.
New Unit: Congress
Here is some vocabulary that you should know:
•Expressed Powers- powers the Constitution specifically grants to the national government
•Implied powers- inferred from the express powers that allow Congress to carry out its functions.
For example the constitution specifically says that the Congress is allowed to coin money. But nowhere does it say they were allowed to charter a bank. But the power to coin money implies that you need a bank to put it in so the Congress used the Necessary and Proper Clause also known as the Elastic clause to say that they have to power to create a bank.
Another example is that the Constitution specifically grants the Congress the power to Declare War but no where does it say that it gives the government power to collect intelligence. But the power to declare war implies the need to fight war effectively so the government created the CIA.
Over time the Elastic clause has allowed the National government to expand its power.
Friday, September 26, 2008
Federalism
You will also need to know where there are examples of Federalism in the U.S. Constitution. If you look at Article 4 you will find three clauses that dictate how the states are to interact with each other:
Full Faith and Credit- each state must recognize the valididty of the laws, public records and court decisions of every other state
Priveleges and Immunities- states cannot discriminate against people from other states
Extradition- rules for how states must turn over their citizens to other states where that citizen has committed a crime
You should also know that when the U.S. Constitution was written, no one ever imagined the national government would have as much power as it does today. The power has been streched over time with the "Elastic Clause" also known as the "neccessary and proper clause" that says the Congress can make the laws that it needs to in order to do its job. The 10th amendment which says all powers not given to the national government are reserved for the state often gets lost in the shadows of the elastic clause.
Wednesday, September 24, 2008
Principles of American Government
BUT that leaves 20 more points in the project to make up so here is how to earn the last 20 points on your project: explain each principle of government in a way that shows me you understand it. You can do this on notebook paper or the sheets the others used in class. Here are notes on the principles which will also be available in the make up work file in the classroom:
Popular Sovereignty
Power of the government comes from the people not from itself. People rule the government and not the government rule the people.
Limited Government
The government has to follow its own rules. Government can’t just do whatever it wants or abuse its power
Separation of Power
To prevent the abuse of power, government is separated into three branches: Legislative, Executive and Judicial.
Checks and Balances
There is no point in separating power if one branch gets enough power to take over and control the others so each branch is given certain powers to check up on the others.
Judicial Review
The Supreme Court’s power to ultimately declare an act of congress or the president unconstitutional. Note it can’t exert this power whenever it wants only when the case is brought to them.
Federalism
Some powers only the national government has. Some powers only the 50 states individually have. Some powers they both can do.
Tuesday, September 9, 2008
Structure of the U.S. Constitution
The Declaration of Independence is a letter. It is not law. It does not say how to govern. It was written by Thomas Jefferson for the purpose of informing Great Britain that the United States of America was now its own sovereign nation-state and it included a list of grievances against them.
A constitution is a plan of government. Remember that one of the requirements for being a state is having a government. You don't know how your govenrment is supposed to run unless you write it down and that's where a constitution comes in. So while the Declaration of Independence is an important letter in history that Americans are very nostalgic about, the U.S. Constitution effects us every day because it is the way our government runs.
I can guarantee I will ask about this difference on your next exam.
Today I handed out a copy of the Constitution for you to keep. We began an outline of it so we can be familiar with the structure of the constitution. We will constantly refer to this U.S. Constitution every day so you need to bring it with you to class. From now on you may as well call it Constitution class rather than government class.
Monday, September 8, 2008
Exam Day
Friday, September 5, 2008
Election stuff/Test on Monday!
Also a very important note: Your first exam is Monday! At the end of class I released the essay questions, so you can come to class with your exam essay already prepared. I recommend that everyone do this so that they can put together a well-thought-out and organized answer using whatever resources necessary. If you come to the exam without a prepared answer you will not get to use external resources, only your brain. Here are the questions:
1. Compare two forms of government that are alike. How are they alike and how are they distinct?What makes these two forms different than other forms of government?
2. Explain how social contract theory was an important philosophy to the formation of American government.
Thursday, September 4, 2008
Social Contract Theory, John Locke and the Declaration of Independence AND how we decided to write the U.S. Constitution
To continue on with Tuesday's lesson on the Declaration of Independence, we took a look at John Locke's Second Treatises on Government and compared it to what Thomas Jefferson wrote in the Declaration. We highlighted where Jefferson's and Locke's writing is similar. This was for a grade so if you missed it you need to find these papers in the make-up work tray in the back of the room.
Here are some things that are similar about what John Locke and Thomas Jefferson said about the social contract:
Governments get their power from the people. If the government no longer serves the people it can be overthrown.
This is why Jefferson uses Social Contract theory in the Declaration of Independence; it justifies throwing out England.
How the U.S. Constitution came about
After the United States threw England out, they were left with the task of creating their own government. They threw out the government of England because it was too strong and so powerful it abused the citizens' rights. So the Americans put together a government that couldn't abuse the citizens' rights. They made the Articles of Confederation. The problem was they made the government so weak it couldn't do much at all. After about 10 years it became clear that the Articles were failing so they decided to create a new constitution. They did so by creating the U.S. Constitution in Philidelphia in 1787.
There were problems creating this constitution too. For example: how do you fairly represent states in the legislature? Bigger states wanted more representation because they have more people leaving smaller states to be bullied all the time. Smaller states wanted each state to have an equal vote but the big states said each of our people get a smaller slice of the vote that way. They ended up with the Great Compromise which used both plans together: the number of representatives in the House would be determined by population; the number of senators in the Senate would be equal (2 per state); put them together and you've got a bicameral Congress.
The last problem was getting everyone to agree to the new Constitution. Some people said it was too strong we'd end up with another problem like England and our rights aren't written down anywhere to protect us from the government. These people were called the Anti-Federalists. The others said we have to replace the Articles because our government is too weak. They compromised by adding 10 amendments to the Constitution. These 10 amendments are known as the Bill of Rights.
Tuesday, September 2, 2008
Social Contract in the Declaration of Independence
Otherwise we started analyzing the Declaration of Independence for places where it's based on Social Contract theory. If you are interested in Social Contract theory, click on the link. Tomorrow we will compare the writings of John Locke to what is in the Declaration of Independence.