Basics of Government

1. Basics of Government “You know what the prob’em is… it’s ‘dem fools in ‘da gov’ment, don’t know what thar doin’!”

2. The Natural State of Man “To understand political power, we must consider what estate all men are naturally in, and that is the state of perfect freedom to order their actions, and dispose of their possessions and persons as they see fit, within the bounds of the laws of nature, without asking leave or depending upon the will of any other man.” -John Locke

3. What did old John Locke mean? • We are all naturally free, able to do what we wish with our lives and our property. • We have the TOTAL freedom to DO anything we want, and, perhaps even more importantly, to NOT DO anything we DON’T want to do. • No one can tell anyone else what to do.

4. Why would anyone give up this freedom? “If a man in the state of nature be absolute lord of his own person and possessions, equal to the greatest and subject to nobody, why will he part with his freedom, this empire, and subject himself to the dominion and control of any other power? …. It is obvious to answer that though in the state of nature he hath such a right, yet the enjoyment of it is very uncertain and constantly exposed to the invasion of others….This makes him willing to quit this condition, which however free, is full of fears and continual dangers….he seeks out and is willing to join a society with others for the mutual preservation of their lives, liberties, and estates.” -John Locke

5. What did old John Locke mean this time? • Even though the natural state allows people to enjoy a whole lot of freedom, that freedom is constantly at risk. • Basically, when you are totally free and independent, you are all on your own dealing with basic problems like weather, hunger, disease, injury, and especially other people. • Simply put, you can’t find enough food? You starve. Don’t have enough shelter? You freeze. Can’t stop the tough guys from taking your stuff? It’s now theirs. • To get a little security, it is a good idea to join up with other people to form a society so that everyone can work together to protect everyone else.

6. What exactly is government? • The institution through which a society makes and enforces its public policies. • Government is made up of those people who exercise its powers, those who have authority and control over people.

7. What are public policies? • All of the things a government decides to do. • Public policies cover matters ranging from taxation, defense, education, crime, health care, transportation, the environment, civil rights, working conditions, sanitation, energy, etc., etc., etc., etc., etc., etc., etc., etc., etc., • Basically, the list is nearly endless.

8. What powers do governments have? In order to make and carry out public policies, governments must have power. There are three basic powers that all governments have: • Legislative- the power to make a law and frame public policy. • Executive- the power to execute, enforce, and administer a law. • Judicial- the power to interpret laws, to determine their meaning, and to settle disputes.

9. Who has the power? • There are many types of governments, but on the most BASIC level, powers are held by individuals or groups who are accountable to the will of the people, which is called democracy, or by individuals or groups who are not accountable to the will of the people, which is called dictatorship.

10. Is government the same thing as politics? • NO! • Government is an institution, while politics is a process. • The political process is the process by which societies decide how power and resources are distributed. • Essentially, the political process is the manner each society decides who is in charge of what, and who will reap the benefits of public policy, and who will pay the costs.

11. Why do people usually use the word politics like a profanity? • Needless to say, deciding who has power, who gets what, who has to pay for what, etc. is a pretty contentious process. • Inevitably, conflict arises, and even when problems are solved, many people are still unhappy with the results. • Still, as difficult a process as politics can be, the process is necessary. It is not necessarily good or bad.

12. How do people solve political conflicts? • Persuasion is a process of inducing others into accepting a point of view by means of reasoning and argumentation. • Compromise is a process of making concessions to settle differences. • Consensus building is a process of working toward achieving general agreement within a group. • Negotiation is a process of settling differences through a discussion of issues. • These processes come into play by varying degrees during activities related to governing.

13. What is the purpose of government in the U.S. “We the People of the United States, in Order to form a more perfect Union, establish justice, ensure domestic Tranquility, provide for common defence, promote the general welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America” -United States Constitution.

14. Form a More Perfect Union • The original government of the United States, the Articles of Confederation, was powerless as serious problems arose and as states developed intense conflict and rivalries with one another. • It became obvious to the Framers (the dudes that were part of the Constitutional convention), that a new government was needed to “Form a More perfect Union”.

15. To Establish Justice • As Thomas Jefferson said, “To provide justice is the most sacred of the duties of government”. • To Americans this means the law, its enforcement, and its interpretation, must always be reasonable, fair, and impartial. • Unfortunately the United States has not always been really good at providing justice for everyone (see poor white people, Native Americans, African Americans, Latinos, Asians, Women, Homosexuals, etc.) • While the U.S. government has not totally achieved this goal, it has continually increased the justice provided for many groups.

16. Ensure Domestic Tranquility • Simply put, ensuring domestic tranquility is keeping the peace at home, preventing chaos and disorder.

17. Providing for the Common Defense • Simply put, providing for the common defense is making sure the United States is safe from attack by foreign enemies.

18. Promote the General Welfare • This is a really broad purpose for the government. • Essentially this has to do with any public policy the government believes will serve the needs of its citizens. • Over the past 224 years the scope of things the government does to accomplish this goal of promoting general welfare has GREATLY increased.

19. Secure the Blessings of Liberty • Essentially, this means to make sure that individual rights and liberties are protected. • The Framers were especially concerned with protecting people’s basic freedoms and their property.

20. The State • A body of people, living in a defined territory, organized politically, and with the power to make and enforce law without the consent of any higher authority. • Population- the people that make up the citizens of the state. • Defined Territory- the land inside the boundaries and borders of the state. • Sovereignty- The power to make laws and enforce them in the defined territory of the state without consent of a higher authority. • Government- the institution that determines public policy in a state.

21. Types of Governments Absolute Monarchy- A government ruled completely by a hereditary ruler of noble descent. Limited Monarchy/Constitutional Monarchy- is a form of government in which a monarch acts as head of state, within the guidelines of a constitution, and in conjunction with another government body. Dictatorship- A form of government in which one leader has total power. Theocracy- A government ruled by religious leaders, in which the rule of law comes from religious doctrine. Oligarchy- A government ruled by a small group, usually of self-appointed elites. Autocracy- A form of government in which one person holds unlimited power (could be an absolute monarchy or a dictatorship, or even a Theocracy).

22. Types of Government Continued Democracy- a type of government in which supreme authority rests with the people. Direct Democracy- a type of government in which all of the people make decisions on public policy directly. Representative Democracy- A type of government in which people choose the leaders who make public policy (sometimes referred to as a republic).

23. Even More Types of Government! Unitary Government- A government with all power resides with one, national government. Federal Government- A government in which the power is divided between a central government, and smaller, local governments, with an authority superior to both, dividing the power geographically, and making the divisions impossible for either to dissolve. Confederation- An alliance of independent states.

24. Types of Democracy Parliamentary Democracy- a government in which the executive and his cabinet are members of of the legislative branch, or parliament. The executive, or Prime Minister (sometime premier) is the leader of the majority party of the legislature. Presidential Democracy- a government in which the executive, or president is elected separate of the legislature. The president has specific powers independent of the legislature and the two serve as co-equals with the ability to check one another’s power.

25. Basic Concepts of Democracy • A recognition of the fundamental worth of the individual. • A respect for the equality of all persons, i.e. equal opportunity and equality before the law. • Faith in majority rule, and insistence on minority rights. • Acceptance of the necessity of compromise. • Insistence of the widest possible degree of individual freedom.

26. American Political Beginnings The first English Colonists to America brought with them from England a few key ideas of government. • Ordered government. These colonists established local governments similar to those they knew from England, with offices like sheriff, coroner, and justice of the peace, along with the idea of grand juries, and political districts like counties and townships. • Limited government, i.e. the idea that government is not all powerful, and can only do certain specific things. • Representative government, i.e. the idea that government should serve the will of the people and that the people should have a voice in deciding what government should and should not do.

27. Landmark English Documents • In 1215, a group of English nobles forced King John to sign the Magna Carta, which limited the power of the King, and established the fundamental rights of trial by jury, and due process of the law, or protection against the arbitrary taking of life, liberty, or property.

28. Petition of Right • The Petition of Right, signed in 1628, limited the king from punishing or imprisoning a person except through the lawful judgment of his peers. • It also forbid martial (military) law in a time of peace, or the quartering (housing) of troops in persons home without consent. • Finally, the Petition of Right banned taxes without the consent of Parliament.

29. English Bill of Rights • The English Bill of Rights, signed in 1689, established the following principles: • Banned a standing army in peace time without Parliament’s consent. • Made parliamentary elections free. • Banned the suspension of law by the King without the consent of Parliament. • Forbid taxes without Parliamentary consent. • Established the right to petition the King without prosecution. • Established the right to a fair trial. • Banned cruel and unusual punishment and excessive bail.

30. Problems with England • In the 1750’s, the English, defeated the French in the French and Indian War. • To pay for this war, the English decided to levy strict taxes on the American Colonies, most notably the Stamp Act of 1765. • Heavy taxes on Tea and other commerce were also imposed. • Though the Stamp Act was eventually repealed, many American Colonists greatly resented the increased taxation without representation, and large scale protests developed in the colonies, especially Massachusetts .

31. Call for Independence and the First Continental Congress • In 1774 a new set of strict laws were passed by Parliament to punish the colonists. • These came to be known as the Intolerable Acts. • Leading representatives such as John and Samuel Adams of Massachusetts, George Washington and Patrick Henry of Virginia, and many others met at the First Continental Congress in Philadelphia to send a Declaration of Rights to King in protest of the new laws, and they called for a boycott of trade with England. • They planned another meeting the next year.

32. Second Continental Congress and Independence • In 1775 the Second Continental Congress met in Philadelphia, this time including John Hancock of Massachusetts, Ben Franklin of Pennsylvania, and Thomas Jefferson of Virginia. • By the time the group met, fighting had already broken out at Lexington and Concord. • The Second Continental Congress established a Continental Army to be led by George Washington. • This body would be the de facto government of the Colonies until the end of the war.

33. Declaration of Independence • In June of 1776 a resolution was put forth in the Second Continental Congress which called for a Declaration of Independence. • A committee consisting of John Adams, Ben Franklin, Roger Sherman, Robert Livingston, and Thomas Jefferson began to work on a draft of the Declaration of Independence. • This group decided that Jefferson should be the chief writer, and the others would assist in editing the work.

34. Critical Words “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; that whenever any form of government becomes destructive of these ends it is the right of the people to alter or abolish it, and to institute a new government…..” Declaration of Independence

35. Declaration Continued. • The Declaration was adopted on July 4th, 1776. • It established that all men are created equal, and that they have the right to life, liberty, and the pursuit of happiness. • It also established the idea of popular sovereignty, that government gets its power from the consent of the people. • The Declaration states that men have the right to abolish the government if that government does not protect their rights, and to establish a new government. • The Declaration claimed that England forced colonists to house English troops, that England interfered with trade, that colonists were not being protected by English Common Law, and that colonists were being taxed without representation in Parliament.

36. Articles of Confederation • The first government of the new United States went into effect on March 1st, 1781. • It was created under a set of laws called the Articles of Confederation. • The Articles established a “firm league of friendship” among the states. • Each state kept its sovereignty, freedom, and independence, and every right not expressly delegated to the United States. • The United State first became a Confederation, or an alliance of independent states. • The Articles established a unicameral (one house) legislature where each state had one vote. • No executive or judicial branch was created.

37. Weaknesses of the Articles of Confederation • One vote for each state, regardless of size. • Congress could not collect taxes or duties. • Congress could not regulate foreign or interstate commerce. • There was no firm executive to enforce acts of Congress. • There was no national court system. • Changes or amendments could only be made with the consent of all states. • A 9/13 majority was required to pass laws. • The articles were only a “firm league of friendship”.

38. Actual Problems • The states had many quarrels with one another, often levying taxes on goods from another state. • Each state printed their own money, often with little backing, i.e. the money represented no gold or silver or legitimate line of credit. • Some states even made treaties with foreign governments without consent of the National Government. • The National Government had no authority to stop any of these problems.

39. A New Constitution • The problems of the Articles of Confederation led many to call for a revision of the Articles. • Eventually a group met in Philadelphia in May 1787 to resolve the problems. • This meeting, known as the Constitutional Convention, eventually created an entirely new government, and established a new Constitution of the United States that has served as the law of the land for the last 222 years.