1st Quarter Benchmark Review

CIVICS

12.1 Students explain the fundamental principles and moral values of American democracy as expressed in the U.S. Constitution and other essential documents of American democracy.

.3 Explain how the U.S. Constitution reflects a balance between the classical republican concern with promotion of the public good and the classical liberal concern with protecting individual rights; and discuss how the basic premises of liberal constitutionalism and democracy are joined in the Declaration of Independence as "self-evident truths."

.5 Describe the systems of separated and shared powers, the role of organized interests (Federalist Paper Number 10), checks and balances (Federalist Paper Number 51), the importance of an independent judiciary (Federalist Paper Number 78), enumerated powers, rule of law, federalism, and civilian control of the military.

12.4 Students analyze the unique roles and responsibilities of the three branches of government as established by the U.S. Constitution.

.1 Discuss Article I of the Constitution as it relates to the legislative branch, including eligibility for office and lengths of terms of representatives and senators; election to office; the roles of the House and Senate in impeachment proceedings; the role of the vice president; the enumerated legislative powers; and the process by which a bill becomes a law.

.4 Discuss Article II of the Constitution as it relates to the executive branch, including eligibility for office and length of term, election to and removal from office, the oath of office, and the enumerated executive powers.

12.9 Students analyze the origins, characteristics, and development of different political systems across time, with emphasis on the quest for political democracy, its

advances, and its obstacles.

.1 Explain how the different philosophies and structures of feudalism, mercantilism, socialism, fascism, communism, monarchies, parliamentary systems, and constitutional liberal democracies influence economic policies, social welfare policies, and human rights practices.

.3 Discuss the advantages and disadvantages of federal, con federal, and unitary systems of government

• Please take out your Benchmark Review worksheet

• 1st Quarter Benchmark = Tomorrow!

• Benchmark Review worksheet due Tomorrow = 15 points

• Homework: STUDY - STUDY!

Unit 1: What is Government?Standard 12.9.3

Unitary System – gives all “key” powers to the national or central government

• States are created and given limited sovereignty

• Great Britain, Italy, France– Efficient but too much

centralized power

Confederal(Confederacy) – a loose union of independent states

• The U.S. Articles of the Confederation failed before the Constitution instituted a Federal System

Federal System/Federalism – divides the powers of government between national and state governments

• U.S. after 13 colonies became states– “We the people, in order to form a more

perfect union, establish justice, insure domestic tranquility…”

– The preamble to the Constitution shows the new govt. meant to increase cooperation among the states

• Federalism combines concern with the public good and protection of individual rights

Unit 2: Origins of American GovernmentStandard 12.1.3

• Popular Sovereignty – In the U.S., the people have all authority

– “We the people…” Constitution preamble

– “Government derives it power from the consent of the governed” Declaration of Ind.

Steps toward DemocracyThe Declaration of Independence• Written by Thomas Jefferson to create a new

govt.• Natural/unalienable rights are “self evident” and

given by God and are a vital part of Democracy– “life, liberty, and the pursuit of happiness”

• “Governments are instituted among men, deriving their just powers from the consent of the governed (the people)”

Two forms of Democracy

1. Direct Democracy – people vote to make any decisions

2. Representative Democracy – people elect representatives and give them the power and responsibility to make laws and conduct government– Republic – voters hold sovereign power and elected

representatives are responsible to the people to exercise that power…”We the people…”

• Constitution – a written plan for the rules of government

• Constitutional Government – a government of limited powers

– It limits the power of those who govern– It Values the “Rule of Law”-all persons (individuals and

government) are subject to law – This helps to establish the idea of a “government of laws, not

men”

• representative democracy, republic, and constitutional republic all mean: “a system of limited government with representatives where people are the ultimate source of governmental power”

Unit 3: The Constitution & FederalismStandard 12.1.5

• James Madison– Classical Conservative

(Republican) view

• “Protect the public good”

• Thomas Jefferson– Classical Liberal view

• “Protect individual rights

Characteristics of a Constitutional Democracy

• Individual Liberty• Majority Rule with Minority Rights

– Without a Constitution, we would have a “Tyranny of the majority”

• Free Elections– “One person, one vote” – all votes are equal– Open elections– Secret ballots

• Competing Political parties

The Federalist Papers – a series of articles written by James Madison, Alexander Hamilton and John Jay to promote a “Federal System” and the Constitution

The Federalist #10 – arguments for a Representative Democracy

• Tyranny of the majority is a risk• Factions always exist• Opposition is best handled by a Representative

Democracy• A “bill of Rights” protects against tyranny of the

majority

The Federalist #51 – Separation of powers, checks and balances• Government reflects imperfect human nature• 3 branches of govt. are needed• Separation of powers• Checks and balances (ex. Executive branch vetoes bills) • “the accumulation of all govt. powers in the same hands is the

definition of tyranny”James Madison

Representative Democracy is based on the two major principles of:1. Separation of powers2. Federalism (ex. State and federal govt. both can tax and establish

courts)

Powers of the National Government

Chapter 4, Section 1Chapter 4, Section 1

delegated powers, meaning that it only has those powers delegated (granted) to it in the Constitution.

• The expressed powers are those found directly within the Constitution.• The implied powers are not expressly stated in the Constitution, but are reasonably suggested, or implied by, the expressed powers.• The inherent powers belong to the National Government because it is the government of a sovereign state within the world

community.

The States

Powers Reserved to the States

• The 10th Amendment declares that the States are governments of reserved powers.

• The reserved powers are those powers that the Constitution does not grant to the National Government and does not, at the same time, deny to the States.

Chapter 4, Section 1Chapter 4, Section 1

Powers Denied to the States

• Just as the Constitution denies many powers the National Government, it also denies many powers to the States.

• Powers denied to the States are denied in much the same way that powers are denied to the National Government; both expressly and inherently.

The Division of Powers The federal system

determines the way that powers are divided and shared between the National and State governments.

Chapter 4, Section 1Chapter 4, Section 1

Clause 18 – The: “Elastic Clause” or “Necessary and Proper

Clause”• Congress can pass other laws needed to implement

provisions of the Constitution.• The basis for “implied powers” which are not stated

in the Constitution but implied to be given• No powers are added but gives congress the ability

to decide “HOW” clauses 1-17 will be exercised– Although no more powers are given, Congress has tried to

interpret this clause to use more power

Unit 5: The Legislative BranchStandard 12.4.1

House of Representatives (435 members)

1. 2 years Terms2. 25 yrs. old/ 7 yrs. citizen3. propose tax laws4. can impeach the president.

Senate (100 members)

5. Senators serve a 6-year term

6. A senator must be 30 years old to be elected and have been a citizen for 9 years

7. Can approve presidential appointments

8. Ratifies treaties with foreign governments

9. Can try the president after impeachment

Both together

10. Can propose laws

11. Can declare war

12. Can override the president’s veto with a 2/3 vote

13. Can propose amendments to the Constitution with a 2/3 vote

Clause 4 – President of the Senate• The Vice President of the U.S.

presides over the Senate– Does not debate or vote unless there is

a tie

Impeachment: To bring formal charges of high crimes and misdemeanors against a high official.

Clause 6 – Impeachment trials• The House must first vote to impeach • The Senate has the power to “try” impeachment

proceedings• The Senate chamber is the “Court” for an

impeachment– Chief Justice of the Supreme Court is the judge– The Senate is the Jury– A 2/3 vote is needed to convict

Clause 7 – Impeachment penalties• A conviction requires removal from office only• There may be a separate criminal court trial

Clause 2 – How a bill becomes a law• To become a law, A bill has to:

– Pass both houses of congress– Be signed by the President or if he doesn’t

veto it within 10 days

• The President may “veto” (forbid) a bill– It is then returned to the house where it

originated with an explanation by the President– Congress may change the bill to get the president’s

approval

• The Conference Committee is designed to find a compromise on conflicting versions of a bill

• The majority of bills introduced in Congress die in committee

Executive

President, Vice President, Cabinet

Enforces Laws

• The President serves a 4-year term.– Term limits = 22nd amendment

• The president must be at least 35 years old, a 14- year resident, and native born

• Has power to approve or veto laws

• Make treaties with foreign governments.

• Nominates judges to the Supreme Court

• Appoints cabinet members

• Is Commander-in-Chief of U.S. military forces

Why did the framers put civilians in charge of the military?

• The framers believed that too strong a military would jeopardize personal liberties

• The framers believed that military force must always be conditioned by diplomacy.

• Since the president has enumerated powers to make treaties an develop foreign policy so the framers saw the military as extension of this power.