Political Legitimacy & Rule of Law

Competency One

• John Locke proposed that individuals enter a social contract to form a government
• Political Authority legitimacy comes from the consent of those governed
• Citizen engagement and agreement is required for legitimacy

Checks and Balances

• Montesquieu advocated for separation of powers
• Separation of powers prevents tyranny and concentration of authority
• The Legislative, Executive, and Judicial branches have distinct roles

Checks and Balances Purpose

• Ensuring no single branch is too powerful fosters government accountability
• Each branch can limit the power of the other branches

Rule of Law

• Government actions are bound by legal principles and constraints
• No government official is above the law
• Limitations on power protect individual rights, justice, and fairness

Due Process

• Fair treatment is required in legal proceedings
• Individuals are guaranteed legal procedures and protections
• Upholding through the justice system ensures accused individuals have the right to a fair trail and legal representation

Equality Under the Law

• All individuals are entitled to the same treatment and protection

Popular Sovereignty

• The people hold the ultimate authority
• The Government exists to serve and govern with their consent
• US Constitution, with "We the People" in the preamble, exemplifies popular sovereignty as the foundation

Natural Rights

• Founders believed in natural right, inherent to all: life, liberty, property
• Reflected in the Declaration of Independence "unalienable rights"

Federalism

• Power is shared between national and state governments
• Both have distinct powers and responsibilities

Development of Federalism in the US

• Allows for localized decision-making while maintaining a unified national identity

Individual Liberty

• The Founders valued political and religious freedoms
• The First Amendment protects freedom of speech, religion, and assembly

Religious Liberty

• Has evolved to protect diverse beliefs and prevent government interference

Republicanism

• Constitution guarantees each state has a republican form of government
• Citizens elect representatives to make decisions

Democracy Principles

• The US combines democratic principles, where people have a voice
• Republican principles entail representatives governing within the constitution

Forms of Republican versus Democratic Government

• Republican government involves elected representation
• Democratic governments includes people directly in decision-making

How the US Functions

• As a constitutional republic, elected representatives govern by the Constitution's framework

Purely Democratic Form of Government

• The Founders feared majority tyranny
• Founders sought to protect minority rights

Constitutionalism

• Government actions are limited by the Constitution
• The Constitution is the supreme law

Philosophical and Practical Foundations

• Establishes checks and balances
• Prevents abuse of power and ensuring accountability

Majority Rule

• Decisions are based on the majority's preferences
• Minority rights protect individuals and groups from oppression
• Equal protection under the law ensures that all individuals are treated equally

Equal Protection

• The Fourteenth Amendment prohibits states from denying equal protection

Bill of Rights

• The first 10 Amendments guarantees essential civil rights and liberties

Bill of Rights Limitations

• Rights may be limited to protect public safety, national security, or balance conflicting interests

Elections

• Free and fair elections are essential
• Elections ensure the people's representation in government
• At state and federal levels elections involve voting, campaigning, and the electoral process

Competency Two

Article 1

• Establishes bicameral Congress: Senate and House
• Outlines powers, responsibilities, limitations on the legislative branch

Article 2

• Establishes the President's office
• Outlines the powers/responsibilities
• Includes role as Commander-in-Chief

Article 3

• Establishes the federal judiciary; Supreme Court and other federal courts
• Outlines jurisdiction/powers of the judicial branch to interpret laws and ensure constitutionality

Jurisdictions

• Federal courts are established to hear federal law cases
• Federal courts are established to hear disputes between states or cases involving foreign entities

Article 4

• The Full Faith and Credit Clause
• Requires states to respect public acts, records, and judicial proceedings of other states
• Outlines process for admitting new states in the Union

Article 5

• Describes amending the Constitution
• Requires two-thirds approval of both houses of Congress or state legislatures

Article 6

• Constitutions etc are the law, overriding state laws

Article 7

• Describes ratifying the Constitution
• Requires approval out of 13 states

Expressed Powers

• The Constitution grants powers to the federal government
• Powers can be categorized as expressed, enumerated, or delegated powers
• Explicitly listed in the Constitution

Implied Powers

• Derived from the necessary and proper (elastic) clause
• Allows Congress to make laws to execute power

Amendment Process

• Allows the Constitution to adapt through a deliberate process
• Amendments require approval by two-thirds in Congress.
• Amendments require consitutional convention called by two-thirds of state legislatures.

Bill of Rights Amendments

• BIll of Rights protects individual freedoms
• Later amendments expanded civil rights: 13th Amendment abolishing slavery, 19th Amendment granting women's suffrage

Constitutional SafeGaurds

• The Constitution safeguards individual rights through the Bill of Rights
• The Fourteenth Amendment’s Due Process Clause

Civil Rights Limits

• Certain rights may be limited to protect public safety or national security

Tenth Amendment

• Reserves non-federal government powers to the states or people

Impact of Amendments

• Amendments, such as the Fifteenth and Nineteenth Amendments, expanded voting rights and civic participation
• The Twenty-Sixth Amendment lowered the voting age

Constitutional Provisions

• Amendments, such as the Fourteenth Amendment, define citizenship and protect civil rights

Factors That Contribute to Voter Turnout

• Various factors such as voting accessibility, political engagement, and public interests influence voter turnout

Amendments

• Applied initially federal government but later extended through the Fourteenth Amendment's selective incorporation

Federalists

• Supported ratification
• They argued for a stronger central government

Anti-Federalists

• They opposed ratification
• Feared an overly powerful government infringing on individual liberties

Bill of Rights

• Demanded by Anti-Federalists
• To protect individual freedoms from abuse by government

Clauses

• Supremacy Clause: Federal law overrides conflicting state laws
• Full Faith and Credit Clause: States respect public acts and legal decisions of other states
• Commerce Clause: Congress regulates intestate/international commerce.
• Emoluments Clause: Federal officials are prohibited from gifts from foreign governments
• Due Process Clause: Fair/impartial legal process ensured
• Equal Protection Clause: Guarantees equal treatment for all
• Necessary and Proper/Elastic Clause: Congress can enact laws to execute power
• First Amendment: Protects freedoms of religion/speech etc

Competency Three

Declaration of Independence (1776)

• Heavily influenced by Enlightenment thinkers, like John Locke
• Emphasized natural rights and consent of the governed
• Should governments protect citizen rights? People should alter/abolish oppressive governments

Locke's Documents

• Drew inspiration from philosophical works, such as Locke’s “Two Treatises of Government,” which championed the social contract theory
• Enlightenment thinkers like Montesquieu, whose ideas about separation of powers/checks and balances

Declaration

• Established ideas that governments derive their just powers from the consent of the governed

US Civil Rights

• The Declaration paved the way for the expansion of civil rights over time
• Led to the abolition of slavery, women’s suffrage, and the civil rights movement

Commonwealth of Massachusetts

• Served as a model for other state constitutions and the U.S. Constitution
• Included provisions for the separation of powers/ a bill of rights, contributing to the framework of the American constitutional system

Articles Of Confederation

• Influenced by states’ sovereignty and fear of centralized power
• Articles: early attempt at forming a central government/preserving states’ rights
• Weakness: Lack of federal government

States During War

• Articles strengths: organizing the states during the Revolutionary War
• Weaknesses: Lack of power, new constitution

Northwest Ordinances

• Influenced by the principles of the Declaration and Enlightenment ideas
• Ensured the orderly expansion of the nation’s territories

Federalist Papers

• Federalist Papers, authored by Alexander Hamilton, James Madison, and John Jay
• Explained theU.S. Constitution principles of the proposed
• Promoted for a constitutional republic and a strong federal government

Federalist Ratification

• A aimed Federalist Papers to counter Anti-Federalist arguments
• They emphasized the need for a strong national government, separation of powers, and protection of individual liberties

US Constitution Influence

• Incorporated Enlightenment principles of limited government
• Incorporated the protection of individual rights

US Constitution Ideas

• Constitution embodies principles of popular sovereignty, federalism, separation of powers, and individual rights

US Consitution Framework

• The framework of the Constitution allowed for the expansion of civil rights through amendments and judicial interpretation

US Consitution Goverment

• Addressed the Articles of Confederation weaknesses
• Offered a more stable/ effective government, as advocated in the Federalist Papers

Bill of Rights 1791

• Inspiration grew declaration of rights
• Inspiration came from Enlightenment principles.
• How Ideas and Principles Contributed to the Expansion of Civil Rights Over Time
• The Bill of Rights provided a foundation for the expansion of civil rights through it's protection of individual liberties

Consitutitional Republic

• Reaffirmed the principles of individual freedom and limited government, safeguarding citizens’ rights
• Anti-Federalists inclusion reaffirmed that their concerns about individual liberties were addressed
• Magna Carta (1215)
• The groundwork for constitutional power
• Power influenced ideas and law due process and rule
• English Bill of Rights (1689)
• Established protections such and the right to petition
• Hobbes
• Believed in centralized authority, while Locke argued for natural rights/popular sovereignty democracy

U.S. Bill Of Rights

• U.S. Bill of Rights was influenced by English petitions of speech, trial rights, and limits punishment
• Mayflower Compact: refected self-governmen mutual consent in law
• Montesquieu's shaped the structure of executive and judicial branches

Amendments to the Constitution

• 1st-Freedom of speech

• 2nd-Right to bear arms.

• 3rd-No quartering solders in private homes

• 4th-protection agaisnt unreasonable searches

• 5th- no due-process-

• 6th - speedy lawyer

• 7th - jurry trail

• 8th no excessive bail

• – enumerated rights are retained by the people (just because

• right isn't means eople don't have

• 10th reserved

• 11th ability states cout

• 12th college

• 13th slavery

• 14th - equal rights 15th race

• 16th - tax collection

• 17th - Senators

• 18th no alcohol

• 19th - Women

• 20th Congress term

• 21st alcohol over

• 22nd - two terms

• 23nd DC rights

• 24th - poll

• 25th succession

• 26th - voting to college

• 27th- no congress power

Civic Life

• Social Contract Theory: John Locke emphasized consent

• Balance: separation

• Rule Of Law: government and operate

• Due Process: fair treatment

• The Power of People.

• Natural: The natural.

• Federal Federalism

• Individuals

• Election elected the US is the Republic

• Constitution and and the

• protection by minorities

• 14th Amendment treatment

• Free and fair the