Unit
1:
Foundations
of
American
Government
Notes
&
Activites
Classical
Political
Thinkers
Athenian
democracy:
• based
on
the
principle
of
rule
by
the
many
(democracy)
• not
rule
by
the
few
(oligarchy)
Athenian
democracy
had:
• all
citizens
attend
town
meetings
• a
vote
on
every
issue
• decisions
would
be
based
on
majority
vote
In
Ancient
Greece
man
was
a
zoon
politikon
(political
animal)
Plato
Rejected
Athenian
democracy
because:
• the
death
of
Socrates
• the
defeat
of
Athens
to
Sparta
in
the
Peloponnesian
War
• the
plutocratic
origins
of
democracy
Believed
in
a
three‐tiered,
hierarchical
class
society
• the
lower
class‐‐artisans
and
farmers
• auxiliaries‐‐men
of
physical
strength
for
defense
• guardians‐‐men
of
superior
wisdom
and
virtue
These
classes
are
the
basis
of
an
aristocracy
(rule
by
the
best)
The
ultimate
ruler‐‐a
philosopher‐king
Aristotle
Plato’s
student
Known
for
the
empirical
method
Studied
the
constitutions
of
153
Greek
city
states
Saw
three
basic
governments
and
their
antitheses:
• monarchy
v.
tyranny
• democracy
v.
mob
rule
• aristocracy
v.
oligarchy
Best
form
of
government‐‐an
oligarchically‐functioning
democracy
Political
Thinkers
of
the
Enlightenment
Believed
in
consent
of
the
governed
Believed
in
the
natural
rights
of
man:
• could
not
be
taken
away
by
government
• include
life,
liberty
and
property
John
Locke
John
Locke
believed:
• in
a
state
of
nature,
all
men
strive
to
protect
these
natural
rights
• in
a
state
of
nature,
the
strong
can
force
their
will
and
deprive
men
of
these
rights
• the
instinct
toward
self‐preservation
causes
man
to
seek
a
government
to
protect
these
rights
• government
must
be
limited
in
order
to
prevent
taking
these
rights
away
from
man
Natural
rights
are
integral
to:
• the
Declaration
of
Independence
• the
US
Constitution
Pre­Colonial
Experiences
English
colonists
established
an
ordered
government­­one
in
which
there
is
an
orderly
regulation
of
relationships
within
a
government
structure
Also
established
limited
government‐‐delegated
to
government
certain
powers
but
prohibited
the
exercise
of
other
powers
• rooted
in
the
Magna
Carta
in
1215
Representative
government‐‐one
in
which
the
will
of
the
people
determines
the
course
of
what
government
can
and
cannot
do
Influence
of
Early
Documents
The
English
Magna
Carta
(1215)
provided:
• trial
by
jury
• limited
government
• due
process
of
law
The
English
Petition
of
Right
(1628)
provided:
• a
prohibition
of
martial
law
during
peacetime
• the
writ
of
habeas
corpus
• the
prohibition
of
quartering
troops
without
consent
• protection
against
taxes
without
the
consent
of
the
legislature
The
English
Bill
of
Rights
(1688)
provided:
• a
prohibition
of
a
standing
army
during
peacetime
• all
elections
be
free
• the
legislature
has
the
power
to
levy
taxes
and
collect
money
• the
suspension
of
laws
without
consent
of
the
legislature
was
illegal
• a
fair
and
speedy
trial
• ‐reedom
from
cruel
and
unusual
punishment
• protection
against
excessive
bail
All
of
these
experiences
were
aimed
at
providing
a
government
to:
• protect
each
man’s
natural
rights
• protect
each
man
from
unlawful
and
excessive
governmental
demands
The
Declaration
of
Independence
The
Declaration
of
Independence
includes:
• the
philosophies
of
Locke,
Rousseau
and
Montesquieu
• concepts
from
English
common
law
Philosophically,
the
Declaration
of
Independence
espouses
the
ideas
of
unalienable
rights
and
consent
of
the
governed
• these
are
aimed
at
limiting
government
The
second
part
of
the
Declaration
of
Independence
is
a
twenty‐seven‐paragraph
dissertation
listing
specific
complaints
the
colonists
had
against
Britain
These
included
• taxation
without
representation
• forced
quartering
of
troops
• unjust
trials
Constitutional
Convention
The
compromises
agreed
to
at
the
Constitutional
Convention
included:
• the
issues
of
slavery
• trade
• representation
• voting
The
delegates
were
philosophically
split
on
how
to
organize
government
They
believed:
• people
should
not
be
given
the
power
to
govern
• a
popular
government
would
be
too
weak
in
preventing
some
factions
from
exploiting
others
• popular
majority
could
also
turn
into
a
tyranny
People
would
not
tolerate
an
absolute
government
or
one
run
by
the
few,
an
oligarchy
There
had
to
be
sufficient
checks
on
the
government
to
balance
out
interests
and
to
prevent
natural
rights
from
being
abridged
Promoting
Public
and
Private
Interests
With
freedom
of
expression
and
power
over
the
government‐‐freedom
to
promote
their
own
or
public
interests
in
legitimate
ways
Under
the
social
contract‐‐cannot
infringe
on
the
rights
of
others
in
the
pursuit
of
these
interests
by
illegal
methods
Individuals
can
promote
interests
through:
• political
party
affiliation
• alignment
with
specific
interest
groups
• monetary
contributions
to
causes
and
institutions
• volunteerism
• through
the
ballot
box
Interests
are
varied
and
include:
• economic
concerns
• business
concerns
• environmental
issues
• labor
issues
• rights
of
minority
segments
of
the
population
• political
concerns
• professional
issues
• public
policy
concerns
• changes
in
the
law
• religious
freedom
and
tolerance
• women’s
rights
• welfare
concerns
Basic
Forms
of
Government
There
are
three
basic
forms
of
governments‐‐unitary,
federal
and
confederate
Unitary
governments
• centralized
• all
power
is
held
by
a
central
government
which
creates
local
units
to
help
it
govern
Most
governments
are
unitary
in
nature
Great
Britain‐‐Parliament
holds
all
the
power
but
local
governments
alleviate
the
burden
by
carrying
out
some
of
their
duties
Unitary
governments
are
not
dictatorships
• unitary
governments‐‐limited
in
the
powers
they
wield
• dictatorships‐‐the
individual
or
group
holds
all
the
power
Federal
governments:
• divide
power
between
a
central
government
and
local
governments
on
a
geographic
basis
• both
levels
act
directly
on
the
people
under
their
authority
United
States‐‐the
national
government
has
certain
powers
but
the
states
also
have
specific
powers
granted
to
them
Over
25
nations
have
federal
governments,
including
Germany,
Canada
and
Mexico
Confederate
governments
• an
alliance
of
independent
states
• central
government
is
granted
power
through
the
states
for
overriding
concerns
like
defense
or
foreign
commerce
• allows
the
states
to
act
both
independently
and
in
concert
in
matters
of
common
concern
America
under
the
Articles
of
Confederation
was
a
confederate
government
Only
the
Commonwealth
of
Independent
States
(12
of
the
former
Soviet
republics)
would
be
considered
a
confederate
government
today
Parliamentary
v.
Presidential
Governments
There
are
two
forms
of
government
based
on
the
relationship
between
the
legislative
and
executive
branches:
parliamentary
and
presidential
Parliamentary
government:
• the
executive
is
part
of
the
legislature
• a
prime
minister
or
premier
is
typically
the
leader
of
the
majority
party
• the
prime
minister
selects
his
or
her
cabinet
from
among
the
members
of
parliament
Most
governments
in
the
world
are
parliamentary
in
nature,
including
Great
Britain
The
executive
(prime
minister
and
cabinet)
only
hold
office
as
long
is
its
policies
and
administration
are
in
accord
with
the
majority
party
The
executive
is
forced
to
step
down
from
office
if
the
legislature
overrides
the
executive
on
an
important
matter
with
a
vote
of
no
confidence
A
new
executive
is
then
determined
by
either:
• parliament
choosing
the
new
officials
• all
the
seats
of
parliament
going
to
the
voters
to
decide
in
a
general
election
Parliamentary
governments
avoid
a
common
problem
in
presidential
governments‐‐gridlock,
or
a
prolonged
battle
between
the
two
branches
Since
the
two
branches
work
together
most
of
the
time,
the
system
of
checks
and
balances
does
not
really
exist
in
a
parliamentary
government
Presidential
government:
• the
executive
and
legislative
branches
are
separate
• there
is
a
separation
of
powers
• there
is
a
system
of
checks
and
balances
on
each
branch
The
president:
• chosen
separately
from
the
legislative
officers
• holds
office
for
a
fixed
term
• has
powers
that
are
not
subject
to
the
legislature
Powers
of
a
president
separate
from
the
legislature
include:
• issuing
executive
orders
• appointing
subordinates
• establishing
executive
agreements
with
foreign
heads
of
state
• vetoing
legislation
• granting
a
reprieve
• commuting
a
sentence
• issuing
pardons
to
those
convicted
of
crimes
• issuing
an
amnesty
(a
pardon
to
a
group
of
those
convicted
of
crimes)
Dictatorship
v.
Democracy
There
are
two
forms
of
government
based
upon
the
number
of
people
who
take
place
in
the
governing
process‐‐dictatorships
and
democracies
In
a
dictatorship:
• the
ruler
or
rulers
are
not
subject
to
the
will
of
the
people
• government
is
not
answerable
to
the
people
for
its
policies
or
conduct
Examples
include:
• Fascist
Italy
(1922‐1943)
• Nazi
Germany
(1933‐1945)
• the
Soviet
Union
(1917‐late
1980s)
• the
People’s
Republic
of
China
(1949‐present)
Dictatorships
are
authoritarian
in
nature
when
absolute
power
is
vested
in
the
ruler
or
rulers
Modern
dictatorships
have
been
totalitarian
as
well
(the
power
of
the
rulers
extends
over
the
totality
of
human
concerns)
One‐person
dictatorships
have
existed
but
are
not
common
today
Typically
the
military,
religious
leaders,
industrial
leaders
and
political
favorites
vie
for
power
in
the
political
system
today
In
dictatorships:
• elections
are
typically
held
but
candidates
of
only
one
political
party
are
on
the
ballot
• a
legislature
exists
only
to
rubber
stamp
the
dictates
of
the
rulers
• their
nature
is
typically
militaristic,
gaining
power
by
force
and
then
using
force
to
hold
its
power
In
a
democracy:
• the
political
leaders
are
answerable
to
the
people
• the
people
hold
ultimate
authority
over
government
policies
and
actions
Direct
democracy‐‐the
will
of
the
people
is
voiced
at
mass
meetings
and
that
collective
will
ultimately
becomes
public
policy
or
law
Direct
democracy
does
not
exist
at
the
national
level
in
any
modern
country
today
but
does
at
the
local
level
In
a
representative
democracy:
• a
group
of
individuals
are
elected
to
represent
the
people
in
government.
• these
representatives
carry
out
the
day‐to‐day
activities
of
government,
including:
o making
laws
o determining
policy
o enlightening
the
electorate
as
to
the
issues
and
events
that
most
affect
them
• these
representatives
are
ultimately
accountable
to
the
people
through
periodic
elections
for
their
continuance
in
office
Many
believe
the
United
States
is
more
of
a
republic:
o representatives
are
elected
to
run
the
government
for
the
people
o sovereign
power
is
vested
in
the
people
who
vote
o political
power
is
exercised
by
the
elected
members
of
government
Many
people
use
the
terms
democracy,
representative
democracy
and
republic
to
mean
the
same
thing
Factors
Promoting
Democracies
Factors
that
have
promoted
democracies
throughout
the
world
have
included:
• a
move
to
capitalism
• the
desire
for
economic
growth
• moderate
opposition
• influences
from
other
democratic
nations
• religious
freedom
Countries
who
are
now
successfully
capitalistic
have
seen
a
long
development
process
in
moving
from
a
spoils
system
to
one
of
merit‐based
contracts
and
investments
• A
maturing
political
process
has
not
been
allowed
to
develop
in
some
countries
• A
democratic
process
in
which
tolerance
of
disagreement
and
the
right
for
the
minority
to
attempt
to
gain
power
must
develop
(this
can
go
against
the
historical
nature
of
a
nation’s
political
system)
In
authoritarian
governments‐‐the
police
and
military
hold
down
the
opposition
In
a
democracy‐‐the
opposition
is
free
to
voice
its
opinion
and
seek
political
power
(a
long
process)
The
Best
of
All
Possible
Governments
DIRECTIONS:
Read
through
the
following
list
of
types
of
governments.
Think
about
which
of
these
would
make
the
BEST
form
of
government
and
which
would
make
the
WORST
form
of
government.
_______________:
a
government
by
those
regarded
as
superior,
with
those
who
are
inferior
being
allotted
to
certain
other
professions
as
which
would
best
serve
the
state
_______________:
a
government
of
themselves
by
the
people
collectively,
either
directly
or
by
elected
representatives
_______________:
a
state
or
government
ruled
by
one
person
having
absolute
powers,
often
one
exercising
these
tyrannically
_______________:
a
government
in
which
the
supreme
power,
either
absolute
or
limited,
is
vested
in
a
supreme
ruler,
usually
heredit Kary
_______________:
a
government
in
which
the
ruling
power
is
in
the
hands
of
a
few,
though
not
necessarily
elected
officials
_______________:
a
government
by
the
wealthy
_______________:
a
state
or
country
in
which
the
supreme
power
is
vested
in
representatives,
elected
by
popular
vote,
who
then
make
decisions
for
the
entire
populous
without
popular
voting
on
each
issue
_______________:
a
system
of
public
ownership
of
all
production,
distribution
and
communication
such
that
everyone
is
equal
and
has
equal
benefits
from
the
state
_______________:
a
government
in
which
the
ruler
is
a
priest
or
spiritual
leader
of
the
church
1. In
2‐3
sentences,
explain
which
of
these
is
the
BEST
form
of
government
(in
your
opinion)and
WHY.
2. In
2‐3
sentences,
explain
which
of
these
is
the
WORST
form
of
government
(in
your
opinion)
and
WHY.
The
Individual
Versus
The
State
Discussion
DIRECTIONS:
Discuss
the
following
sets
of
questions.
Determine
the
main
idea
behind
the
pair
and
how
you
would
answer
each
question.
If
you
answers
differ
within
a
pair
of
questions,
support
your
reasoning.
1.
Did
President
Nixon
have
a
right
not
to
turn
over
to
federally‐appointed
investigators
the
tapes
of
his
conversations
regarding
the
Watergate
scandal?
Do
you
have
the
right
not
to
turn
over
a
note
passed
to
you
in
class
incriminating
a
friend
of
yours
for
vandalism
at
school?
2.
Did
Oliver
North
have
the
right
to
destroy
documents
he
thought
might
be
harmful
to
him
or
the
president
before
anyone
saw
them?
Do
you
have
a
right
to
erase
a
videotaped
presentation
that
verifies
a
teacher’s
contention
that
students
in
the
presentation
were
acting
inappropriately
and
should
be
subject
to
suspension?
3.
Should
an
US
Senator
be
held
responsible
for
his
alleged
spouse‐beating
at
home,
even
though
it
occurs
outside
the
realm
of
his
or
her
official
responsibilities?
Should
a
student
be
expelled
from
school
because
they
were
found
to
be
in
possession
of
drugs
outside
of
school
hours
and
off
campus?
4.
Did
a
school
district
have
the
right
to
reduce
teacher
salaries
to
make
up
for
revenue
lost
to
a
district‐level
administrator
who
misappropriated
funds
to
his
or
her
personal
bank
account?
Does
a
teacher
have
a
right
to
punish
an
entire
class
for
the
misdeeds
of
a
 0few
who
refuse
to
step
forward
and
take
responsibility
for
their
actions?
5.
Does
the
state
have
a
right
to
enter
your
home
and
interrogate
you
without
a
warrant?
Does
a
school
official
have
the
right
to
open
your
locker
and
search
it
or
your
person
without
probably
cause?
6.
Does
a
California
Supreme
Court
Judge
have
the
right
to
convert
death
sentences
to
life
imprisonment
because
he
or
she
does
not
believe
in
the
death
penalty
and
even
though
the
state’s
population
favors
it?
Do
you
have
a
right
to
disobey
a
posted
speed
limit
because
you
think
it
will
save
you
time?
7.
Does
the
state
have
the
right
to
impose
restrictions
on
an
individual
for
their
own
best
interests?
Does
an
individual
have
the
right
to
go
above
state
rules
or
regulations
if
they
infringe
on
their
personal
liberties?
How
Would
You
Decide:
Right
to
Privacy
Cases
Coronado
v.
State,
Texas
1992
An
assistant
principal
at
a
Texas
high
school
heard
that
a
male
student
had
tried
to
sell
drugs
to
another
student.
The
assistant
principal
questioned
and
“patted
down”
the
boy,
had
him
turn
his
pockets
inside
out,
remove
his
shoes
and
socks,
and
pull
down
his
pants.
The
search,
which
the
assistant
principal
said
was
“standard,”
did
not
produce
any
drugs.
However,
the
assistant
principal
did
find
$400
in
the
boy’s
wallet,
and
when
he
asked
the
boy,
“Do
you
sell
drugs?”
the
student
replied,
“Not
on
campus.”
A
week
later,
the
same
student
attempted
to
leave
the
school
under
false
pretenses.
(He
claimed
that
he
had
to
attend
his
grandfather’s
funeral,
but
a
call
to
relatives
revealed
that
his
grandfather
had
not
died.)
The
assistant
principal
summoned
the
boy
to
his
office,
patted
him
down,
but
found
only
keys
and
a
wallet
with
$197.
He
then
had
the
boy
pull
down
his
pants,
but
again
found
no
contraband.
The
assistant
principal
next
searched
the
student’s
locker
and,
finding
nothing,
took
the
boy
out
to
his
car
and
told
him
to
open
it.
In
the
trunk,
school
officials
found
bags
of
white
powder,
a
triple‐beam
scale,
and
what
appeared
to
be
marijuana.
Was
the
search
of
the
student’s
car
constitutional?
Johnson
V.
Florida,
Florida
1992
A
woman,
pregnant
with
her
second
child,
smoked
pot
and
crack
cocaine
throughout
her
pregnancy.
On
the
morning
of
January
23,1989,
she
went
into
labor.
After
smoking
cocaine,
she
went
to
the
hospital.
Her
delivery
was
normal
with
no
complications.
The
woman
was
convicted
of
“delivering”
cocaine
to
her
newborn
child
in
the
minute
and
a
half
between
the
time
the
baby’s
head
emerged
from
the
birth
canal
until
her
umbilical
cord
was
clamped.
She
was
sentenced
to
fifteen
years’
probation.
The
case
was
appealed
to
the
Florida
Supreme
Court.
Would
you
uphold
the
lower
court’s
judgment
in
this
case?
Rasmussen
v.
South
Florida
Blood
Services,
Inc.,
Florida
1987
In
1982
a
Florida
man
sitting
on
a
park
bench
was
hit
by
a
car.
He
was
hospitalized
and
received
a
transfusion
of
fifty‐one
units
of
blood.
In
1983,
the
man
was
diagnosed
with
AIDS.
In
an
effort
to
prove
that
he
had
contracted
the
disease
from
the
transfusions,
he
sought
to
discover
the
identity
of
the
blood
donors.
Should
he
have
access
to
the
identities
of
the
blood
donors?
Magenis
v.
Fisher
Broadcasting,
Inc.,
Oregon
1990
A
local
television
news
crew
in
Oregon
accompanied
police
executing
a
search
warrant
for
narcotics
and
stolen
vehicles.
The
police,
and
the
television
crew,
entered
the
home.
The
crew
filmed
the
search,
the
couple
that
lived
there
as
well
as
their
four
young
children,
and broadcast
the
footage
on
the
evening
news.
The
couple
sued
on
behalf
of
themselves
and
their
four
children,
claiming
invasion
of
privacy.
They
lost
and
the
case
was
appealed.
Was
their
privacy
invaded
by
the
broadcast
of
the
search?
State
v.
Wal­Mart
Stores,
New
York
1995
Laural
Allen
and
Samuel
Johnson
met
while
working
as
sales
associates
at
the
Wal‐Mart
store
in
Johnstown,
New
York.
Allen
was
separated
and
Johnson
was
single
at
the
time
they
began
seeing
each
other.
When
Allen’s
estranged
husband
served
divorce
papers
on
her
at
work,
both
Allen
and
Johnson
were
fired.
It
turned
out
that
their
relationship
was
in
violation
of
company
policy
on
fraternization
set
out
in
an
employee
handbook:
“Wal‐Mart
strongly
believes
in
and
supports
the
‘family
u (nit.’
A
dating
relationship
between
a
married
associate
and
another
associate...is
prohibited.”
In
July
1993,
the
attorney
general
of
New
York
filed
suit
against
Wal‐Mart
for
violating
a
brand‐new
law
prohibiting
employers
from
firing
workers
who
engage
in
lawful
recreational
activities
off‐duty
and
off‐premises.
Are
Allen
and
Johnson
protected
under
this
law
providing
it
applies
to
all
of
the
circumstances
here?
These
cases
taken
from:
Alderman,
Ellen,
and
Caroline
Kennedy.
The
Right
to
Privacy.
New
York:
Alfred
A.
Knopf,
Inc.
1995.