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Civics & Government

Objective

These next pages will review some basics of America’s civic life. This section will also expand on ideas about the United States government that have appeared in previous lessons.

Previously Covered

Prior sections covered the colonial times through the 20th century by reviewing some of the key events that have shaped our country.

Roots of Democracy

The United States of America comprises some 324,985,873 people. And, while its political institutions are well-established and seemingly timeless, political life in the U.S. (like all places) is constantly evolving. Let’s examine some of the major antecedents of America’s representative democracy.

US Population Distribution

The Greeks

The Athenians had one of the first forms of large-scale democracy. In the 5th century BC, citizens came together to pass laws, try crimes, and decide other important issues facing the city-state. However, in this case, a “citizen” meant a male who had completed his military training. Women, resident aliens, and slaves were not permitted to assemble and voice their opinions.

The Romans

The Romans called their system of government a republic from the Latin res (“thing”) and publicus (“of the people”). As the Roman Empire expanded, the more far-flung citizens were left out of the process since the decision-making process was carried out at the forum in central Rome. Although deeply flawed from our modern perspective (again, the only citizenry who had a say were privileged men), the Romans did give us the Senate, an enormously powerful political body who were indirectly elected.

Magna Carta

The Magna Carta, or “great document,” was another move toward democracy. The controversial King John ran afoul with the Church and was excommunicated. To return to the Pope’s good graces, he made concessions that turned the barons of England against him. He then conceded absolute power by signing the Magna Carta in Runnymede in 1215. This made even the king bound by English law.

Structures of Power

Citizens of the United States are subject to the powers of the three major branches of the federal government: the executive, the legislative, and the judicial.

The legislative branch is established by Article One of the Constitution and sets forth the idea of the Congress, which comprises the House of Representatives and the Senate. Each state elects members to the House of Representatives based on its population; however, each state elects two members of the Senate for a term of six years. Article One also enumerates the powers of Congress, which range from the regulation of international commerce to the establishment of new post offices.

The judicial branch is established by Article Three. It states that:

The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services a Compensation which shall not be diminished during their Continuance in Office.

Supreme Court judges are appointed by the executive branch and confirmed by the legislative branch. Note that judges hold their positions “during good Behavior” (a phrase that is usually interpreted to mean for as long as they’re alive).

The executive branch is established by Article Two and calls for the election of a president and vice president. The president wields enormous power but it is checked by the legislative and judicial branches. For example: the president is the supreme commander of the US military but cannot declare war without congressional approval. As we saw in previous lessons, this system of checks and balances is a crucial feature of the constitutional system.

The Constitution Controversy: Federalists and Anti-Federalists

In the late 1780s, the Constitution’s ratification was fraught with controversy. On one side were the Anti-Federalists, who opposed the stronger centralized government that the Constitution would create. They were opposed by the Federalists, a group which included Alexander Hamilton. The Federalists were proponents of the Constitution and attempted to persuade the citizenry through a series of articles that have come to be known as the Federalist Papers.

The Federalist Papers still serve as a guide to many judges in interpreting the intent of the US Constitution.

An example of the Ferderalist Papers: Federalist Paper No. 10

Paper number ten has been used to argue that the Founding Fathers did not intend for US politics to split into partisan groups. It was written by James Madison under the pseudonym Publius and argues that the federal government should be watchful of factions and states that wield too much power.

The Rights and Responsibilities of the U.S. Citizen

The US Constitution

The US Constitution

The U.S. Constitution signed in 1787 did not contain a list of citizens’ rights, an exclusion that quickly brought criticism from the Anti-Federalists who argued that the exclusion of rights was proof that the Constitution’s framers wanted power. On the other side, there was also concern from some Federalists who thought that a specific list of rights would be interpreted as the only rights a citizen possessed.

However, the majority of Federalists saw a great need for a list of rights, and James Madison took up the task in the summer of 1789. Using state charters and other writings as models, he submitted his draft to Congress, and it was passed in December of that year.

While the Bill of Rights comprises a group of amendments, it is an essential piece of the US Constitution itself. Click here to read more about the Bill of Rights.

The Bill of Rights

While we frequently hear about the Bill of Rights (“He took the 5th,” etc.), it is rare that we come across the actual text of the amendments. Here’s a review of the language as it appears in one of our most important documents.

The First Amendment

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

The Second Amendment

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed.

The Third Amendment

No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

The Fourth Amendment

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

The Fifth Amendment

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

The Sixth Amendment

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

The Seventh Amendment

In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any Court of the United States, than according to the rules of the common law.

The Eighth Amendment

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

The Ninth Amendment

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

The Tenth Amendment

The powers not delegated to the United States by the Constituiton, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

Civic Milestones and Icons

The history of the United States is full of notable people and events—the Founding Fathers, the birth of the country, and the crucial developments in the evolution of our representative democracy. Below are a few examples of America’s historical figures and milestones.

Frederick Douglass

Born a slave in Maryland, Douglass escaped to the North in 1838 and began his career as an abolitionist, writer, and intellectual. He advised presidents (Lincoln and Grant), served as the marshal of the District of Columbia, and penned the classic memoir, Narrative of the Life of Frederick Douglass, an American Slave. He died in 1895.

The Thirteenth Amendment

Ratified by the majority of states in 1865, the 13th amendment at last outlawed slavery in the US. Section one reads:

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.

The Fourteenth Amendment

Ratified in 1868, the 14th Amendment holds states responsible for the legal protection of all persons, regardless of race. This was a defining post-Civil War piece of legislation. Section One reads:

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; 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.

Sojourner Truth

Sojourner Truth devoted her life to the abolition of slavery and the movement for women’s suffrage. In 1851, she delivered the following speech at a women’s convention in Akron, Ohio.

Susan B. Anthony

Born a Quaker in 1820, Susan Brownell Anthony led the fight for women’s suffrage until her death in 1906. Among her many activities was publishing the New York paper, The Revolution, with her ally and fellow suffragette Elizabeth Cady Stanton. The paper’s motto: “The true republic—men, their rights and nothing more; women, their rights and nothing less.”

The Nineteenth Amendment

Ratified in 1920, the 19th amendment finally opened the way to the polls for the women of the US. The text reads:

The right 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 sex.

Review

  • Important antecedents of the US constitutional law include: the Magna Carta, the democracy of 5th-century Athens, and Roman forms of democracy.
  • The US is a representative democracy in which the voting public elects representatives to make political decisions on their behalf.
  • The Federalist Papers were a series of articles published to persuade the public to adopt the Constitution. These writings still serve as an insight into the original intent of the framers.
  • The Bill of Rights comprises the first ten amendments to the US Constitution.
  • Key amendments in the expansion of citizen rights include the 13th (outlaws slavery), the 14th (provides protection for all citizens, regardless of race and gender), and the 19th (gives women the right to vote).

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