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Module 1 Influence of the enlightenment

Lesson 1: Social Contract Theory

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Soci et yi snotnat ur alorGodgi v en,butr at heri ti st hepr oductof humani nt ent i ondesi gnedf ort hepur poseoff ur t her i ngacol l ect i v e i nt er es t . Soci et yi sdefinedbyasoci alcont r actwhi chi sbasedonan under st andi ngofwhati tmeanst obehuman( i . e.humannat ur e)and ofwhatnat ur alr i ght swepossess . Thepur poseofas oci alcont r acti st oenhancet hepot ent i alof humannat ur ewhi chi sdonet hr ought hepr ot ect i onofnat ur alr i ght s . Whi l eanyf or m ofgov er nmentcanbeused,t heopt i malf or m of gov er nmenti sr epr esent at i v edemocr acy( i . e.ar epubl i c) . Soci al cont r act sr equi r econt i nualr enegot i at i ont or emai nr el ev antt o pr esent dayci r cums t ances .Thi sr enegot i at i on,whi chcanbe confli ct ual ,pl ay souti nt hedemocr at i cpr ocess.Fai l ur et or enegot i at e t het er msofasoci alcont r actcanl eadt ot hedi ssol ut i onofsoci et y .

Lesson 2: Enlightened Ideas in the Founding Documents

Thei nfluenceofJohnLock ei sf r ontandcent eratt heonset ,wi t h ex pl i ci tment i oni nt heDecl ar at i onofI ndependence.Lock e,howev er ,i s r epl acedbyMont esqui eui nt heConst i t ut i on,andl ar gel yi nt heBi l lof Ri ght s( al t houghsomeofLock e' si deaspopupf r om t i met ot i me) .  Thi st r ansi t i on,f r om Lock et oMont esqui eu( wi t hashor tst opat Rousseau) ,i sashi f tf r om nat ur alr i ght st opr ocedur alr i ght s .Nat ur al r i ght sar et hosebel ongi ngt ousi ndi vi dual l y ,andwhi chgov er nment maynotr est r i ctwi t houtourper mi ssi on.Asoneoft henat ur alr i ght swe 

poss essi st hecr eat i onofsoci et yandgov er nment ,t hi sgi v esus si gni ficantaut hor i t yov ert hesoci et ywei nhabi tandt hegov er nment whi chr egul at esouract i vi t y .  Duepr ocess ,ont heot herhand,i sapr ocedur alr i ght .I ti snotpar tof nat ur e,s ot her ef or ei ssomet hi ngwegr antour s el v es .Thet askof pr ovi di ngt hi sr i ghtwehav egi v ent ogov er nment .Ast hi si sar i ght we' v egi v enour sel v es ,i ti sal soonewecant ak eaway .The Const i t ut i on,andmos toft heBi l lofRi ght s ,i sbui l tuponpr ocedur al r at hert hannat ur alr i ght s.Thi sput st heset wodocument satoddswi t h t heLock eani deasenshr i nedi nt heDecl ar at i onofI ndependence.  I nt er es t i ngl y ,bot happr oachess t r i v ef orl i ber t y .TheLock ean appr oachas sumest hatt hel i ber t yofbei ngl ef tal onei ssuffici ent . Ther ef or e,i ts houl dbepr omot edandpr ot ect ed.Gov er nment ,t hen, ser v esusbes tbyl eav i ngusal one.TheMont esqui euappr oach, howev er ,sugges t sl i ber t yt obepr ecar i ous.Ther ef or e,t het askof gov er nmenti st oes t abl i shaf r ameofs ecur i t ywi t hi nwhi chl i ber t ycan ex i st .Oneoft het hr eat st ol i ber t yi sdemocr ac y .Theamountof democr ac y ,t her ef or e,needst obedi mi ni shed.Tooffsett hi s di mi ni shmentofdemocr acy ,gov er nmenti sr es t r ai nedbypr ocedur al r i ght s ,whi chpr ev enti tf r om becomi ngt yr anni cal .  But ,t her e' saquest i onher e:Whi chsetoft hesei deasdefinest he Amer i canpol i t i calpr ocess ?Ar guabl y ,i ti sMont esqui eu,si ncehi s i deasunder pi nt heCons t i t ut i onandt heBi l lofRi ght s .Howev er ,t he i deasofLock ear es t i l lcent r alt oAmer i canpol i t i cs.Hi si deaofl i ber t yi s notoneeasi l yr el i nqui shed.Aswepar t i ci pat ei nt heAmer i canpol i t i cal pr ocesswes t i l lseebot hs i despl ayout ,despi t et hem notbei ngeasi l y r econci l ed.Confli ctov ert heset woset sofi deas ,t hen,i sani nher ent par toft hi spr ocess . Module 1: The Influence of the Enlightenment Summary

Thei deasoft heEnl i ght enmentar ef oundat i onal t ot hedev el opment andcont i nual shapi ngofAmer i cansoci et y ,economy ,andpol i t i cs .  Soci al or derandpol i t i calor derar eaf unct i onofnat ur alr i ght s ,whi ch ar eapr oductofhumanex i st encei nt hest at eofnat ur e.Soci et yand gov er nmentar ecr eat edt opr ot ectandadv ancet hesenat ur alr i ght s .  Keynat ur alr i ght sar el i f e,l i ber t y ,andpr oper t y ,t owhi chwear e i ndi vi dual l yandequal l yent i t l ed. 

Pol i t i calpowershoul dbedi vi dedamongt hemai ngr oupsofsoci et y , wi t ht hatpowerbal ancedandcheck edsonoonegr oupcanex er tt oo muchcont r olov ersoci et y .  TheEnl i ght enmentseesdemocr ac yasbot hast r engt handa weaknessi nt hepol i t i calpr ocess .  TheEnl i ght enmenti deasofi ndi vi dual i sm,equal i t y ,l i ber t y ,and pr oper t ycanmak ei tdi fficul tf orgov er nmentt or espondt oi mpor t ant soci ali ssuesorconcer ns. 

Module 2: The Articles of Confederation

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TheAr t i cl esofConf eder at i on,i ni t sat t emptt opr ot ectt hepowerof t hest at es ,ul t i mat el ycr eat edanat i onalgov er nmentt hatwast ooweak t of unct i on.Thi spr obl em r esul t edi ns ev er alot her s : o Auni camer alcongr es si nwhi chs t at es ,r egar dl essoft he numberofdel egat esandsi z eoft hei rpopul at i on,onl yr ecei v ed onev ot e o Noex ecut i v eorj udi ci albr anches o Nat i onalgov er nmentl ef twi t hv er yl i mi t edpower  Thepr i mar ygoaloft heAr t i cl esofConf eder at i onwast ol i mi tt he power soft henat i onalgov er nment ,t huspr ovi di ngf orgr eat erst at e sov er ei gnt y .  Thes t r uct ur eoft henat i onalgov er nmentundert heAr t i cl esof Conf eder at i ondi dnotmi r r orourcur r entst r uct ur eofgov er nment , demonst r at i ngt heneedf ormul t i pl ebr anchesofgov er nment .  TheAr t i cl esofConf eder at i onl i mi t edt hepower soft henat i onal gov er nmentt oomuch,ul t i mat el ymaki ngi tt ooweakt of unct i on.

Lesson 4: Problems with the Articles of Confederation 1. National government had no power to raise an Army. 2. No power to impose and collect taxes. Had to rely on states for money.

3. No power to regulate trade among the different states. Cheap goods could be imported by great Britain making it harder to sell american made goods. 4. At its foundation, the major problem with the Articles of Confederation was that, in the effort to limit the possibility of tyranny by the national government, the national government was not given enough power to effectively function. 5. Because the national government was limited under what it could do under the Articles of Confederation, the United States had a weak economy and an international reputation of being weak among other countries. 6. In order for the United States to survive, the weaknesses of the Articles of Confederation had to be addressed with the Constitutional Convention You have just reviewed the structure, power, and main weaknesses of the Articles of Confederation that initially governed the United States. Although this document was replaced by the Constitution in 1789, the enduring debates about the level of power within the national and state governments remains an important topic today. This module showed that in order to be effective, the national government had to have enough powers for enforcement and leadership, which did not exist under the Articles of Confederation.

Module 3: The Constitutional Convention The purpose of the Constitutional Convention was to address the issues and weaknesses created by the Articles of Confederation. By 1786, it was clear that the Articles of Confederation were not working for the newly formed United States of America. Two competing ideologies.

Virginia Plan-Large States Plan, Bicameral or two legislative houses, power from the people. Proportional representation. Representation based on population. Role of National governmentcan legislate for states and veto state law. New Jersey Plan–Small states plan, Unicameral or one legislative house, Executive Appointment. Power from the states. Equal Representation. Each state equally represented. The

New Jersey Plan opposed the Virginia Plan because smaller states feared their interests would be pushed aside by the more populous states. Role of national government-Provides defense but does not override state authority.

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The Virginia Plan called for a bicameral legislature consisting of two chambers with representation based on population. The New Jersey Plan opposed the Virginia Plan because smaller states feared their interests would be pushed aside by the more populous states. The New Jersey Plan called for a unicameral legislature in which states would have the same representation regardless of population. The Virginia and New Jersey Plans differed in their ideas of power that should belong to the national and state governments.

Lesson 6: Compromises at the Constitutional Convention  

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The Great Compromise satisfied the concerns over proper representation in the legislature by creating a bicameral legislature. The Three-Fifths Compromise satisfied the concerns of the South over the counting of their slave population by allowing 60% of the slave population to be counted for state representation and tax purposes. Separation of powers and checks and balances satisfied the concerns of those who feared the central government having too much power.

Module 3: The Constitutional Convention Summary

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You have just examined the power structure and relationship between the states and the national government within the Constitution. Although there were many problems with the Articles of Confederation solving those problems was not easy as there were debates over just how much power the national and state governments should have under the Constitution. Ultimately, the decision to use a system of federalism proved to be a reasonable solution.

This module demonstrated that although the powers of the national government were strengthened they were strengthened through a defined set of authority, power, and restrictions for both the national government and the states. Further, you read that although powers were

defined in the Constitution, additional interpretation was needed by the Supreme Court to further clarify the language in the Constitution. Having reviewed this information, in the next unit you will gain an understanding of how what’s in the Constitution influences various forms of political participation.

Module 4: Federalist vs. Anti-Federalist

ANTI-Federalist-Pro Articles of confederation. Federalists-Pro constitution.  

In a real sense, the Federalists and Anti-Federalists could be viewed as our first two major political parties. Although the Federalists appeared to win over the states and get the Constitution ratified with significantly more powers given to the national government, it was not without some concessions given the to the Anti-Federalists. This mainly included the addition of the Bill of Rights to the Constitution in 1791.

Lesson 8: The Federalist Papers

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The Federalists and Anti-Federalists had competing views for how power should be structured between the national government and the states. The Federalists used the publication of The Federalist Papers to ease the fears of those who were not confident with the increased powers of the national government under the Constitution. Federalist, no. 10 eased the fear of the power of factions and encouraged the citizens to promote liberty of opinions and ideas. 1.Argued diversity that existed in the country was so large that it would not allow for the development of large political interest groups. 2.Argued having representative government was the best way to control the detrimental effects of factions.

Federalist, no. 51 eased the fear of the national government abusing its power with promotion of both separation of powers and checks and balances.

Module 4: Federalist vs. Anti-Federalist Summary 

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You have just reviewed the competing political ideologies represented by the Federalists and Anti-Federalists prevalent during the Constitutional Convention and ratification process. The Federalists advocated for a stronger national government, while the AntiFederalists feared a stronger national government and advocated for stronger rights for the states and greater protection for individual liberties. This module demonstrated that the creation of the Constitution was a compromise between competing ideologies and that our Constitution has provisions in it that speak to both what the Federalists and Anti-Federalists fought for.

Module 5: Separation of Powers & Checks and Balances     

The separation of powers was designed to avoid the possibility of a tyrannical government that would ignore the rights of its citizens. Each of the three branches of government checks the other two and is, in turn, checked by the other two. The president has great power as commander-in-chief and chief diplomat. Congress passes legislation and must approve presidential nominations. Judicial review is the key power for the courts as a separate branch of government.

Lesson 9: Separation of Powers

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The separation of powers was designed to avoid the possibility of a tyrannical government that would ignore the rights of its citizens. Each of the three branches of government checks the other two and is, in turn, checked by the other two. The president has great power as commander-in-chief and chief diplomat. Congress passes legislation and must approve presidential nominations. Judicial review is the key power for the courts as a separate branch of government.

Lesson 10: Checks and Balances

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The system of checks and balances designed by the Founding Fathers was designed to prevent any one branch of government from becoming too powerful. They were generally successful in this effort. The various checks and balances are summarized below:

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Can override a presidential veto by a two-thirds vote in both chambers Must approve treaties by a two-thirds vote in the Senate Control of funding activities of the executive branch Presidential nominees must be approved by the Senate Only Congress can declare war House can impeach the president or vice president and the Senate can remove them by a two-thirds vote

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Can overturn actions of the president with judicial review if the actions violate the Constitution Serve during good behavior to maintain independence of judiciary

Checks on Congress By President    

Can veto legislation Can use executive agreements Can use executive orders Negotiates treaties (not Congress)

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Can overturn acts of Congress as unconstitutional if they violate the law Can influence laws by interpretation Serve during good behavior to maintain independence of judiciary

Checks on Judiciary

By President

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Nominates judges Power of pardon

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Senate must approve judges and justices Controls jurisdiction of the courts Determines size of Supreme Court House can impeach judges and Senate can remove them by two-thirds vote

Lesson 11: The Principles of Federalism

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Federalism as an effective system of government has generally worked in the United States for the most part, but any system of government has both positive and negative effects. The Civil War demonstrated that the system was imperfect since it failed to prevent the outbreak of that bloody conflict. Federalism has permitted diverse groups to be represented, even if imperfectly, and provided for local preferences to be present in the creation of government programs. Like any system, there are tradeoffs between citizens receiving uniform treatment and local variations to take into account local circumstances. There are costs in terms of inefficiencies and the lack of uniform treatment of citizens where that might be desirable. The American system of federalism combined with checks and balances means that it is sometimes difficult for the government to act. The inclusion of both federalism and checks and balances in the Constitution, which are separate arrangements and which need not go together, was designed to make it more difficult for the national government to act. While both levels of government have reserved powers and share concurrent powers, the balance between the national government and the state governments have changed over time. While both do more today than in the past, the national government has become relatively more important as the United States has become more involved in the world and as that world has become more complex.

Module 5: Separation of Powers & Checks and Balances Summary 

The three branches of government had power divided among them, and each one of the three had specific powers and areas of activity.

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The Constitution also created federalism. Power was divided between the national government and the state governments. Federalism and the separation of powers at the national level are quite different concepts, and they need not go together. The founding fathers included both in the Constitution as a means of limiting the power of the national government. This division reinforced the separation of powers within the national government. The system of checks and balances and federalism help to explain why it is sometimes difficult for the national government to come up with quick solutions to problems. Neither the president, Congress, nor the courts can guarantee that their views will prevail in determining what the national government does. The separation of powers and checks and balances will be essential to understanding the roles of the three branches of government that are discussed in later modules.

Begin of Unit 3

Module 6 The Legislative Branch

Lesson 12: Powers of the Legislative Branch 

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While not exhaustive, the powers just discussed will give you a good idea about what the framers of the Constitution decided Congress should do. Many of the powers granted to Congress were meant to correct some of the deficiencies of the Articles of Confederation; most of the powers are explicit in the Constitution's text although the power of oversight is implied. As a reminder, some of the key expressed powers of Congress include the power to tax, the power to regulate commerce, the power to borrow money and coin money, the power to declare war, the power to give advice and consent, and the power to impeach the president and judicial officials.

Lesson 13: How the Legislative Branch Makes Laws

How the Legislative Branch Makes Laws Lesson Summary   

The legislative process is a lengthy and cumbersome one, and deliberately so. In an effort to maintain balance among the different branches of government, the Constitution placed checks on Congress’s ability to pass laws. In addition, Congress has added additional layers to the process through the use of the committee system. Recall that there are four types of committees that each serve various functions: o Standing Committees are permanent committees that address timeless, recurring issues. o Select Committees are temporary committees set up to address or investigate an issue not covered by one of the standing committees. o Joint Committees have members from both houses of Congress serving on one committee together. o Conference Committees have members from both houses of Congress and reconcile different versions of the same bill that has passed both houses to form a single unified bill that goes to the president.

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The bill is introduced and given to the appropriate standing committee.

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