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Civics

Constitutional Underpinnings and so forth
by

Tim Kowalski

on 11 January 2013

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Transcript of Civics

Constitutional Underpinnings Government An institution through with a society makes and enforces its public policies. Public Policies All Things A Government
Decides To Do




. Constitution


. Executive Branch Has power to execute, enforce, and
administer law. Legislate Branch Has power to make law and to frame
public policies. Judicial Branch Has the power to interpret laws,
to determine their meaning,
and to settle disputes that arise within society. Branches of
Government Purposes of Government Form a More
Perfect Union






. Establish
Justice



. Insure Domestic
Tranquility




. Secure the Blessings
of Liberty





. Provide for the
Common Defense




. Promote the
General Welfare




. Population Territory Sovereignty Government Four Characteristics of a State People must exist within the state. Must have land with recognized boundaries. Has supreme authority within their territory. The institution through which society makes and enforces its public policies. Participation Democracy Dictatorship Autocracy
-single person Oligarchy
-small group of people Geographic Distribution of Power Four Theories of Power The Force Theory One person or small group
of people claimed control
over and area and forces all
within it to submit to their rule. The Evolutionary Theory State developed out of the
model of the early family,
with one person as the head
of the unit. The Divine Right Theory God created the state and
that God had given those
of Royal birth a "divine right"
to rule. The Social Contract Theory The state arose out of a voluntary
act of free people and exists only
to serve the will of the people. Legislative Executive Majority Rule Eleanor Roosevelt America's new culture war: Free enterprise vs. government control

"It is not at all clear which side will prevail." Ordered government - orderly regulations between all parts of government and state.
Limited government - has regulations placed on it for what it can and can not do, such as, and generally including, ensuring the rights of it's citizens.
Representative government - officials are elected by the general populace to create public policies. Magna Carta




Challenges Dictators Petition of Rights




Limits King's Infringement English Bill of
Rights



Restatement of
Declaration of
Rights British Colonial Policies

-Domestic Industry
-Foreign Trade Albany Plan

To Unite The States First Continental Congress
-Boycotts British Goods
-Set up Second Continental
Congress Second Continental Congress
-Becomes the stand in government
-Little attention was paid to them
by the states State Constitutions
-Permitted by Bill of Rights
-Allows states to form laws Articles of Confederation




-Acted as first constitution

-Gave Congress little power but
gave them the ability to declare
a revolution against Britain America's Critical Period
-Time between Revolution and Washington's
Inauguration
-Colonies flooded with domestic and foreign problems
-Also a time for economic and political growth Framers
-delegates of the Constitutional
Convention who helped draft the
Constitution The Constitutional Convention worked
in secrecy because it was viewed that they
were tearing down the old government and
forming a new one, a treasonous act
Virginia Plan






Proposal for a
Bicameral legislative
Branch New Jersey Plan




Created to counter
the Virginia Plan

Proposed to keep the
legislative body as it was
under the Articles of
Confederation The Great Compromise
-retain Bicameral Legislature
and have proportional representation
among the lower house Three-Fifths Compromise
-agreement that only three-fifths of slaves
should count towards population when determining representation Commerce
-Regulates interstate trade and foreign trade
Slave
-Calls for freedom of slaves in 20 years (1808) The Constitution draws from countries
such as ancient Rome and Greece, Germany,
and Britain. The Constitution was completed on
September 17, 1787 and went into
effect on March 4, 1789 Individual States ratified the Constitution
at State Conventions Popular Sovereignty
-Idea that the government is
based on who the people choose Limited Government with Checks and Balances
-Provides that the government will have only the
necessary involvement and that not one part of the government will become to powerful Judicial
Review Article One
-Establishes powers of Congress Article Two
-Establishes Executive Branch Article Three
-Establishes Judicial Branch Article Four
-Describes States duty to the Federal
Government and each other Article Five
-Outlines the process of how to change
the Constitution Article Six
-Holds the Government accountable for
Debts from Articles of Confederation
-Prevents religion being a factor for a
government position Article Seven
-Describes how the States ratified the
Constitution Formal Amendment Processes -

Proposal by convention of states, ratification by state conventions
Proposal by convention of states, ratification by state legislatures

Proposal by Congress, ratification by state conventions
Proposal by Congress, ratification by state legislatures Hundreds of Amendments have been proposed
but only 27 have passed the 2/3 vote of Congress and been ratified by 3/4 of the States. Legislation - process or act of making law or a set of laws by the legislative body or governing body in a country Executive action - president's power to
veto a bill Party Practices - when people who
share similar political views act according
to what their party believes. Custom -
a practice used so long it is
considered law Speech and press is number one
Number two is for the gun
Soldiers sleeping in your house is number three, you see
Search and seizure number four
And number five protects your rights
so you wont be put on trial for the same thing twice

Six is for juries, make it quick and fair
For civil jury trials, number seven's there
Eight is great, don't punish me too hard
And number nine just says the people keep rights not already thars

Ten says the government should never get too big
Says the constitution gives it all the power it should
Ol' eleven deals with people suin' livin out of state
Twelve is how we pick the president and that is pretty great

Thirteen, my friend, makes slavery a crime
Fourteen makes citizens, if you got the time
Slaves got to vote cause fifteen finally passed
And we thank you number sixteen now we pay an income tax

Number seventeen's a a winner if you ever go to dinner with a senator elected by a popular vote
Number 18 is a bummer if you drink like donna summer
Prohibition was selected to keep alcohol rejected
Nineteen's for women, they finally get to vote
Twenty's kind of dumb, so I'll rhyme it with boat
Twenty-one was cheered cause it brought back the beer
And number twenty-two says the prez can only serve for eight years

Number twenty-three, it helped out Washington, D.C.
Twenty-four made a poll tax a reality no more
Twenty-five tells what to do, if the president should die
And number twenty-six gave voting to 18-ers, whoa,-- alright!
One more amendment and then you'll know them all, it's number twenty-seven, the newest one of all, It tells the congress not to try to raise their pay
But if they do that then it's cool the new pay starts another day.

That's all the amendments, there are! Sung to the "capitols song" The 27 Amendments Thanks to
mmsilv123 Guantanomo Bay -The Bush administration creates Guantanomo
Bay to hold detainees suspected of terrorism after 9/11
-Prisoners are subjected to harsh treatment and sometimes torture, and few seldom leave
-The camp is stressful for not only the detainees, but also the guards -Pressure to close Guantanomo Bay has been
heard, but nothing has been done yet
-It is known that torture has been used on the
detainees as a measure to gather intel
-Obama called for Guantanomo Bay to be shut
down, but attempts thus far have not succeed North Korea -North Korea is a communist dictatorship with
almost no outside contact
-The citizens worship King Jong-Il like he is a god
-A large part of the population is starving and have little access to any medical help if needed -The people all hold a strong hatred for
Americans
-They have an active nuclear program
-North Korea recently declared that the Korean
armistice was no longer valid China's One Child Policy -Chinese couples are allowed only one child to
help curb the growing population
-Couples hope their one child is a boy so he can continue the family and take care of his parents
-The policy has helped prevent millions of births -Pressure to have a boy has put many women
under stress
-Baby girls are often abandoned and many die
-Women often flee to hospitals in areas without
the policy in order to have their second child The Unalienable Rights There are certain civil liberties
and civil rights which cannot
be taken away from us, i.e. they
are unalienable. The idea of limited government
is that the government will
not have to power to infringe
the unalienable rights of the
people. A right cannot infringe upon
another person's rights or
security. There are certain
restrictions to our rights, as
is explained in the following. Freedom of Religion We have the right to practice
whatever religion we wish. This
right is deeply rooted in American
history, as the first settlers came
to America many times to escape
religious persecution in Europe. While we may all practice our
religion, there are clauses which
set limits for religion. Separation of Church and State
means that the government will
make no legislation for or against
a particular religion. There can be
no state religion. There are limits for free exercise
of religion as pertains to others
rights. There are limits as to having
an official prayer at a public event.
Through American history there have
been little objections to prayer at public
events, but as time is progressing there
is more controversy with this subject.
Prayer at public events is more taboo
now. Freedom of Speech and Press We have the right to speak our
mind and share our ideas no matter
if they are against the ideas of
another person. However, there
are some limits and restraints on
our speech and press rights. A person cannot speak obscenity
and with malicious intent. You
cannot say something that makes
someone else insecure in their
person. We have to right to even speak
against the government, as long
as it doesn't fall into the obscenity
or other clauses. In early America,
in an attempt to secure the new
government, John Adams signed the
Alien and Sedition Acts into law.
These acts made it illegal to speak
against the government. The
government was frightened by the
craziness of the French Revolution
and wanted to prevent it's coming
to America. The Alien and Sedition Acts lasted
a few years before expiring or being
repealed. Freedom of Assembly and Petition We have to right to assemble
and to petition the government.
Protests must be done peacefully
and in accord with other laws.
Property laws must be respected
when assembling. Due Process of Law We all have to right to undergo
due process of the law when
being tried and at all times. The
government must deal with
everyone according to the law
with no exceptions. If they don't
go through all of the law, it is a
violation of the due process
clauses of the Constitution. Freedom and Security of the Person We all have to right to be free and
independent persons. Slavery and
Involuntary Servitude violates this
right to freedom. As part of security of the person, we
are entitled to privacy. Certain ways
of getting our private information
such as tapping phones is legal to
the extent that it is used by the
government to keep the nation
secure. Person tapping of private
information is illegal. Rights of the Accused When someone is arrested, they
still retain their rights. There are
certain rights which protect
people who are accused of a
crime. The law of Habeas Corpus, latin
for "you have the body," means
that an accused person must be
brought before a judge or jury in
court. The person must then be
proven guilty of the grime that
they are accused of before receiving
a sentence. When someone is arrested, they
still retain their rights. There are
certain rights which protect and
assist people who have been
accused of a crime. They have the
right to a speedy, public trial by jury.
Once they have been tried for a
crime and been proven not guilty,
they cannot be tried again for that
crime, even if new incriminating
evidence arises, according to the
principle of no double jeopardy. Punishment There are punishments which are
allotted to those found guilty of a
crime. Penalties such as prison
time and fines are most widely
used. The 8th amendment to
the Constitution protects against
cruel and unusual punishment.
The death penalty is still in effect
in the federal law, while the laws
vary from state to state. Themes & events of 1984
with Real World Examples The people cannot speak their
mind. Thought crime is the only
crime that exists, however any
crime has thought crime with it.
Ideas are the bad things. Throughout history there have
been times that governments
have felt that revolts may arise
and that they must silence any
ideas and words against them.
This happened in early American
history with the Sedition Acts. The people living in 1984 are
living a sub-standard life with
limited rights, but they don't
realize it because they have
never know anything better. People living in North Korea
don't realize what rights they
don't have because they haven't
seen anything better, they only
know North Korea. The people in 1984 are completely
cut off from the society in other
parts of the world North Korea has cut itself off from
everything else. They don't know
what else is in the world. The people in 1984 are constantly
monitored. Big Brother is constantly
watching. In modern American history, the
Patriot Act provided from the use
of some extended monitoring
systems to protect from terrorism,
within reason. It was, of course,
no where near the situation in 1984. The people in 1984 only read
and listen to what the government
creates. The only books available in North Korea
was written by it's late emperor. The economy between the states
is fueled by war. Many times a society gets an economic
boost from war, resulting from the
increased need from war materials,
and so jobs increase along with sales. The government in 1984 is rewriting
history to go in their favor. Many times people are inclined to
write biased, but to change facts is
crossing another line. However, with
the internet, there can be a lot of
different stories on a single subject. The entire schedule of the people in 1984
is made by the government. While organizations have schedules that
you must follow, that is in order to be
a member of the organization, not to
exist in society. There are elites and then there
are the regular people. Societies, especially in history,
have been split up into elites
and common folk, with elites
getting better treatment. There are the proles that the
government doesn't care about. Sometimes in societies, the lesser
classes get neglected more the
the higher classes.
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