Constitutional Foundations and Underpinnings

Constitutional Foundations and Underpinnings

1. What produced the Declaration of Independdence?

   • The Second Continental Congress

2. What is government?

   • Government is composed of the formal and informal institutions, people, and used to create and conduct public policy.
     • What are the forms of government?
       • Anarchy: Lack of government.
       • Autocracy: Rule by one
         • Absolute monarchy: ruler gains power through inheritance; there are no restrictions on the ruler's power.
         • Constitutional monarchy: ruler gains power through inheritance; formal restrictions limit power, often restricting the monarch to ceremonial status.
         • Dictatorship: ruler sieves power, keeps power by force and restricts opposition to regime; no restrictions on dictator's power.
       • Oligarchy: ruled by a few
         • Aristocracy: rule by the elite, usually determined by social status or wealth
         • Theocracy: rule by the religious leaders.
       • Democracy: rule by the people
         • Direct democracy: citizens meet and make decisions about public policy issues.
         • Representative democracy: citizens elect representatives (officials) who make the decisions about public policy for them
         • What are forms (theories) of democratic government?
           • Traditional democratic theory: government depends on the consent of the governed, which may be given directly of through representatives; may include criteria for the measure of "how democratic."
           • Pluralist theory: interest groups compete in the political arena, with each promoting its policy preferences through organized efforts. Conflict among groups may result, requiring bargaining and compromise
             • Hyperpluralism: democracy is a system of many groups having so much strength that government is often "pulled" in numerous directions at the same time, causing gridlock and ineffectiveness."
           • Elite theory: a small number of powerful elite form an upper class, which rules in its own self-interests.
           • Bureaucratic theory: the hierarchical structure and standardized procedures of modern government allow bureaucrats, who carry out the day-to-day workings of government, to hold the real power over public policy.

3. What is the Constitution?

   • Ratified on June 21, 1788, the U.S. Constitution replaced the Articles of Confederation as the official standard for federal and state government jurisdiction. Although twelve state delegates, excepting Rhode Island, were involved in the process, James Madison was the prominent contributor to the writing of this pivotal document.
     • What principles were the Constitution based upon?
       • Inherent Rights
         • What are the inherent rights discussed in the Declaration of Independence and protected in the Constitution?
           • Life, liberty, and the pursuit of happiness.
         • The beginning of your inherent rights, your civil liberties, as protected under the Constitution, are contained within the Bill of Rights.
           • What are the rights contained within the Bill of Rights
             • Freedom of speech, religion, press, assembly, petition. Right to bear arms....
       • Government by the People
         • Representative democracy= representation.
         • Congressional Elections
         • Presidential Elections
       • Separation of Powers
         • What are the separation of powers?
           • The power is separated among three branches of government; each has its own powers and duties independent of and equal to the other branches.
         • Judicial Branch (Interprets Laws)
           • Checks Legislative:
             • Can rule legislative acts unconstitutional
             • Chief Justice presides over impeachment of president
           • Checks Executive:
             • Can rule EO unconstitutional
         • Executive Branch (Enforces Laws)
           • Checks Legislature
             • POTUS can veto Congressional acts
             • POTUS can call special Congressional sessions
             • POTUS can recommend legislation
           • Checks Judiciary
             • POTUS appoints federal judges
             • POTUS can grant pardons and reprieves to federal offenders
             • Can refuse to enforce the courts decisions
         • Legislative Branch (Passes Laws)
           • Checks Executive:
             • Can override POTUS's veto by 2/3 vote of both houses
             • Can impeach and remove POTUS from the office
             • Senate can refuse to confirm POTUS appointments/ratify treaties
             • Creates exec's agencies and programs
             • Appropriates funds
           • Checks Judiciary:
             • Creates the lower federal courts
             • Sets salaries of federal judges
             • Can refuse to confirm judicial appointments
             • Can propose constitutional amendments which overrule court rulings
             • Can impeach and remove federal judges