April 14 2014 Legal Environment Forms of Government predominant factor 1 Republic the most important aspect of government is the rule of LAW LAW is the a Every person who represents the government school board president mayor takes an oath to office that they will abide by an oath of law b Rule of law prevents the majority from harming the minority c There are set rules and laws which we are governed by d We operate in a REPUBLIC government 2 Monarchy king queen or some kind of presumed dictator 3 Oligarchy small group of rulers limited number of individuals that have some control over the government 4 Theocracy government and religion are blended together a We still have theocracy in the world b EXAMPLE IRAN 5 Democracy Majority rules mob to mob rule a our form of government is NOT a form of democracy How did we get to the Constitution Constitution came about in 1887 in Philadelphia We had a form of government called the articles of confederation was before the constitution This is what we worked under the time of the Civil War The president was John Huntington Last battle of the Revolution 1781 Most people did not refer to themselves as Americans They referred to themselves by the states they lived in Georgians etc o This prevailed all the way to and through the civil war He was a Virginian not an American Then became the chief military officer of the confederacy 13 colonies operated as 13 different areas not as the United States o There was a lack of consensus of what to do Most of the states were not paying there o Second largest city New Orleans Spain blocked it s ports to the Mississippi River o Some of the states made separate treaties with different governments around the federal taxes world o They sent 70 white males to Philadelphia in May and June 1787 to amend the Articles of Confederation 54 men were the majority to show up They didn t amend the Articles of Confederation They threw them out and drafted a new document which was the Constitution They needed approval of the 13 colonies It was very doubtful that it would be approved was viewed as a radical imperfect document o They then decided it would be approved with immediate changes which are known as o Pennsylvania was misspelled Vermont approved before it was remitted one state voted the Bill of Rights it 1 Moral and right individuals got together and created this incredibly perceptive far reaching document to the extent that today it is revered as some religious documents are Christian it s like the bible but it was made by white men who had incredible flaws 2 George Washington a myth that when he died he fried his slaves he didn t free a single slave James Madison Primary author of the Constitution When he died he didn t free his laves 3 either 4 Thomas Jefferson Primary author of Declaration of Independence he had relations with a slave and had children with her They tried to cover it up for 200 years Our history is not as clean as they tried to teach us in jr high Sanctioned and permitted slavery sexism racism against Indians African Americans Our constitution and the men that drafted it had a lot of bias and prejudices We are on a journey to grain knowledge of the white men and the early rules of law and how we are trying to overcome our heritage bias Constitution has a team approach to government we all have some say in the government as long as we comply with the rule of law Constitution allowed the president to o Have the power to run the army o Make appointments for national offices o Make treaties with other countries o To fill government office ALL WITH THE ADVICE OF THE LEGISLATIVE AND SENATE Predictability gives a hope to do well in government Two presidents to be impeached o Andrew Johnson trial in US Senate came within one vote of being impeached very close o William Jefferson Clinton Bill of Rights Individuals have specific rights and privileges that the government can t take away First document to include individual rights For any law to pass the Senate and Legislature have to both approve the bill to become a law PRESIDENT can veto if he does not agree Judiciary believes the president or legislature is acting They can declare the act unconstitutional meaning they violated the rule of law Our leaders are then not obligated to enforce those laws Supremacy law in the constitution is that constitution is the SUPREME law of the land Constitution has been amended 27x and has an imprecise meaning at times As of yesterday if you were a gay coupled and married legally in another state you can t got to an Ohio court to do a divorce and split up assets It has been changed that Ohio Prohibition that don t allow so violates our constitution our rule of law This has changed as of TODAY You have the right to vote for representative leaders Three requirements use to be White Male Landowner Women couldn t vote until 1920 American Indian couldn t vote until 1924 1972 Preemption Doctrine A subject area has a national perspective there is a great possibility that only federal government can make laws State and local can t make laws but if they do the Preemption Doctrine will stand in the way Treaties Coining money declaring war foreign commerce are specifically mentioned by the constitution There are some that are not specially mentioned because they are almost obvious The constitution allows for federal legislature to pass laws on federal laws the create state laws on the same subject Interstate commerce laws from one state to another state A SPECIFIC CARVING OUT IN THE CONSTITUTION IS FEDEREAL THEY CANT INVADE THE TERRITORY KNOW FOR EXAM IMPACT ON BUSINESS If the state law discriminates on instate business vs out of state of business If the state place a burden on interstate commerce The Full Faith and Credit Clause The federal law utilize and mandate in higher courts allow same sex divorce Any law or judgment in one state is entitled to respect laws in another state o Laws in one court are enforceable in another court Amendments Amendment 1 Freedom of Religion Our country doesn t allow any type of religious test as a condition of holding a governmental position Establishment Clause Many countries that favor and sanction certain religions The Establishment Clause forbids it Free Exercise Clause No laws can be passed that have a negative impact upon one s practice and exercising of one s religion You can t start a religion that exercise prohibited laws Drug use polygamy etc Amendment 2 Freedom of the Press The
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