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The Declaration of Independence on Executive Power *
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  1. The Declaration of Independence on Executive Power * “The History of the present King of Great Britain is a history of... absolute tyranny over these states…” The Declaration lodges 27 accusations against the King, falling into these categories: -- blocked the passage of laws -- abused and abolished colonial legislatures -- blocked legislative elections -- controlled the judiciary -- imposed ‘big government’ -- subjected the people to military occupation -- cut off trade with the rest of the world -- imposed taxes without the colonists’ consent -- denied trial by jury -- waged war by a variety of means on the colonies -- has refused to answer petitions by the colonists

  2. UNITARY VS. CONFEDERAL GOVERNMENT* Unitary Confederal Upper LevelGovernment Upper LevelGovernment Authority Authority Lower Level Government Lower Level Government

  3. Convention Politics: Competing Plans * FEATUREVA. PLANN.J. PLANCONSTITUTION Congress Two Houses One House Two Houses Represents Population States One of Each Size of Simple Extraordinary Concurrent Majority President Single Plural Single Selection by Congress by Congress by Electoral College Removal by Congress by Governors by Congress Courts Selection Congress Executive President nominates, Senate confirms Ratification People States State Conventions

  4. 3/5ths Compromise * Article I. Section 2. Paragraph 3. Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons... and... three fifths of all other Persons. Changed by the 14th Amendment, section 2.

  5. Enumerated vs. Implied Powers * Article I. Section 1. All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. Article II. Section 1. The executive Power shall be vested in a President of the United States of America. (emphasis added)

  6. Classical Liberalism inthe Declaration of Independence* “… We hold these truths to be self-evident: That all men are created equal; that they are endowed by their Creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness; that, to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed…” Goal Solution

  7. INDIRECT ELECTION * PRESIDENT ELECTORAL COLLEGE SUPREME COURT V O T E R S * The 17th Amendment (1913) provided for direct election of senators, eliminating the states’ role in electing senators. SENATE* STATES HOUSE OF REPRESENTATIVES

  8. SEPARATION OF POWERS ANDCHECKS AND BALANCES *

  9. UNITARY - CONFEDERAL - FEDERAL FORMS GOVERNMENT * Confederal Unitary Federal Upper LevelGovernment Upper LevelGovernment Upper LevelGovernment ? Authority Authority Authority Lower Level Government Lower Level Government Lower Level Government Authority Authority Authority Citizens Citizens Citizens

  10. STATES’ RIGHTS DOCTRINE * National Government State Government Citizens

  11. 14th AMENDMENT *1*2 (Ratified in 1868) Section 1. … No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States… nor shall any State deprive any person of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws (emphasis added)

  12. Examples of Incorporation of Civil Liberties* 1st Speech Gitlow v. New York (1925) Press Near v. Minnesota (1931) Assembly De Jonge v. Oregon (1937) Free exercise of religion Cantwell v. Connecticut (1940) Establishment of religion Everson v. Board of Education (1947) 4th Search and seizure Wolf v. Colorado (1949) Exclusionary rule Mapp v. Ohio (1961) 5th Self-incrimination Malloy v. Hogan (1964) Double jeopardy Benton v. Maryland (1969) 6th Public trial in re Oliver (1948) Right to counsel Gideon v. Wainwright (1963) Confront witnesses Pointer v. Texas (1965) Impartial jury Parker v. Gladden (1966) Speedy trial Klopfer v. North Carolina (1967) 8th Cruel/unusual punishment Robinson v. California (1962)

  13. LAYER CAKE FEDERALISM * National Government No Interactions Between Layers State Government

  14. MARBLE CAKE FEDERALISM * National Government Multiple Interactions State Government

  15. Federal Aid to States and Localities *

  16. PICKET FENCE FEDERALISM*

  17. Civil Liberties Illustrated * National Government Oppressive Actions Civil Liberties Protects Liberties Citizens

  18. Civil Rights Illustrated * National Government Protector of Individual Rights Discriminatory Actions Citizens Citizens

  19. Race and the Constitution(paraphrased)* Article I. Section 2.: Slaves count as 3/5ths a person when determining state populations Article I. Section 9.: Congress cannot prohibit the importation of slaves prior to 1808. Article IV. Section 2.: Slaves who escape to states where slavery is illegal must be returned to their owners.

  20. 13th AMENDMENT * (Ratified in 1865) Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

  21. * Level of Knowledge

  22. *

  23. *

  24. Sources of Questionnaire Errors *

  25. Paradox of Majority Rule * Federalist No. 51 (excerpt): “In a society under the forms of which the stronger faction can readily unite and oppress the weaker, anarchy may as truly be said to reign, as in a state of nature where the weaker individual is not secured against the violence of the stronger.”

  26. Civil Liberties and Civil Rights in Federalist Papers #51 “In framing a government which is to be administered by men over men, the great difficulty lies in this: You must first enable the government to control the governed {protect civil rights}; and in the next place, oblige it to control itself.” {protect civil liberties}. *

  27. Threat of Majority Tyrannyin Federalist Paper #51 * • If a majority be united by a common interest, the rights of the minority will be insecure….If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary.

  28. Public Attitudes Toward Individual Rights Pre- and Post- 9/11* How concerned are you about the invasion of your personal privacy in the United States today? Date Concerned Not Concerned January 1989 76% 23% November 2001 62% 38% Change -14% +12% Do legal non-citizens have same rights as US citizens when arrested? Same rights Fewer rights Don’t know 70% 25% 4% What if non-citizens were charged with being terrorists? (70% only) Same rights Fewer rights Don’t know 51% 46% 2%

  29. * 31% Note: Total TV = 47% 25% 14% 9 7%

  30. * Note: TV Total = 29% 39% 14% 10% 8% 5%

  31. 14th AMENDMENT * (Ratified in 1868) Section 1. … All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside… …No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States… (emphasis added)

  32. The Fifteenth Amendment*(Ratified in 1870) Section 1. The rights of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.

  33. LIBERTARIANISM DEFINED * Reviving libertarianism By: Christopher Patton - The Daily Iowan Posted: 2/12/08 …Richard Campagna [Libertarian Party candidate for Iowa lieutenant governor in 2002 and for Vice President of the United States in 2004] said the core of libertarianism is preserving individual freedom through a limited government. "Libertarians are not opposed to police, and they're not opposed to administrative regulations," he said. "Libertarians like the local cops so long as they don't do things outside of their parameters." Explaining how libertarians would govern were they to be elected, he said he thinks liberal Republicans, when they act upon what they say they believe, come the closet to being libertarians. Overall, libertarians tend to agree with Republicans on economic issues and Democrats on social issues, he said.

  34. AMERICANS’ POLITICAL KNOWLEDGE 2007 * * Respondents were asked to identify public figures who had recently been in the news. They also were asked questions that measured how much they knew about important and widely covered news events. Using a common school grading scale in which 90% correct is the minimum necessary to receive an A, 80% for a B, 70% for a C, 60% for a D and less than 60% is a failing grade, Americans did not fare too well. Fully half would have failed, while only about one-in-six would have earned an A or B. Source: “What Americans Know: 1989-2007 PUBLIC KNOWLEDGE OF CURRENT AFFAIRS LITTLE CHANGED BY NEWS AND INFORMATION REVOLUTIONS” A Pew Research Center survey that interviewed a representative national sample of 1,502 adults between Feb.1-13, 2007.

  35. Socio-Economic Patterns of Knowledge * Knowledge Level High Medium Low % % % Total 35 31 34 High school or less 20 31 49 Some college 34 35 31 College graduate 63 26 11 18-29 15 29 56 30-49 35 32 33 50-64 47 31 22 65+ 43 29 28 Less than $20,000 14 26 60 $20,000-$29,999 19 36 45 $30,000-$49,999 35 34 31 $50,000-$74,999 39 33 28 $75,000-$99,999 46 35 19 $100,000+ 55 29 16