Contenu connexe
Similaire à Boss5 ppt ch13_ada (20)
Boss5 ppt ch13_ada
- 1. Chapter 13
Law and Politics
The aim of this tutorial is to help you learn to
identify and evaluate the foundations of the
American legal and political system.
Copyright © 2021 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.
- 3. 3
© McGraw-Hill.
The Social Contract Theory of
Government
Several strands of philosophical and political thought
influenced the development of the American political
system.
• One of the most important of these was social contract theory that
was developed by the English philosopher John Locke (1632 to
1704).
• According to Locke, the primary purpose of government is to protect us
in our exercise of our natural rights, such as freedom of speech and the
right to debate controversial ideas, would best be protected by a
government that recognizes the existence of a social contract.
- 5. 5
© McGraw-Hill.
What Is a Social Contract?
A social contract is a voluntary, unanimous agreement
among the people in a society to unite as a political
community and to obey the laws enacted by the
government they select.
• This is an implicit arrangement and holds that the people accept the
government’s sovereignty—its exclusive rights to exercise political
authority—only so long as the government protects people from
harm and does not abuse them.
A social contract must be mutually beneficial to both
citizens and the government.
- 7. 7
© McGraw-Hill.
The UN Flag
Digital Archive Japan/Alamy Stock Photo
International law presents a dilemma because it conflicts with the
concept of absolute national sovereignty. The United Nations is not a
world government but a collection of independent, sovereign nations
- 8. 8
© McGraw-Hill.
The Development of Democracy in the
United States
In a democracy, the legitimate authority of the
government comes from the people themselves.
• As citizens of the United States, it is important we understand how
our democracy works and how we can use our critical-thinking skills
to influence the political process.
In a direct democracy, all the people directly make laws
and govern themselves.
In a representative democracy like the United States, the
people turn over this authority to elected representatives.
- 10. 10
© McGraw-Hill.
Liberal Democracy: Protection
of Individual Rights
To protect citizens against the abuse of power by the
government, the authors of the United States Constitution
built in checks against government power.
• One of these checks is federalism, a system of government where
power is divided between a central authority—the federal
government—and constituent state governments.
• Another check is the division of the federal government into three
branches: executive, judicial, and legislative, known as the
separation of powers.
- 11. 11
© McGraw-Hill.
Political Campaigns and Elections 1
• Political campaigns and elections are an important
aspect of representative democracy.
• Political campaigns do not always guarantee that the
best-qualified people will represent us.
- 12. 12
© McGraw-Hill.
Political Campaigns and Elections 2
Factors that influence the outcome of an election:
• Campaign spending.
• Media portrayal of a candidate's image.
• Rhetoric.
• Public opinion polls.
• Internet.
- 13. 13
© McGraw-Hill.
To Vote or Not to Vote
One of the principal ways we as citizens participate in a
representative democracy is through voting.
• Despite its crucial role, voter turnout in the United States is one of
the lowest among the world’s democracies.
• This is due in large part to the voluntary nature of the voting system in
the United States, unlike in other democracies, such as Australia, where
voting is mandatory.
It is important to recognize that failure to vote is a form of
participation, in that it supports the status quo or the most
vocal and powerful political groups.
- 14. Copyright ©2021 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.
Reported Voting in the United States,
1972 to 2014 1
Year Voted Percent of Total
Population
2016 56.0
2014 41.9*
2012 57.5
2010 45.2
2008 58.2
2006 43.6
2004 58.3
2002 42.3
2000 54.7
1998 41.9
Source: https://www.census.gov/data/tables/time-series/demo/ voting-and-registration/p20-580.html.
- 15. Copyright ©2021 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.
Reported Voting in the United States,
1972 to 2014 2
Year Voted Percent of Total
Population
1996 54.2
1994 45.0
1992 61.3
1994 45.0
1990 45.0
1988 57.4
1986 46.0
1984 59.9
1982 48.5
1980 59.3
Source: https://www.census.gov/data/tables/time-series/demo/voting-and-registration/p20-580.html.
- 16. Copyright ©2021 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.
Reported Voting in the United States,
1972 to 2014 3
Year Voted Percent of Total
Population
1978 45.9
1976 59.2
1974 44.7
1972 63.0
Source: https://www.census.gov/data/tables/time-series/demo/ voting-and-
registration/p20-580.html.
- 17. 17
© McGraw-Hill.
The Executive Branch
In the United States the executive branch of government
is headed by the president, who is the head of state and
the highest government official in the country.
• In addition to the president and his/her White House staff, the
executive branch of the federal government includes the agencies
that carry out much of the work of government.
• The executive branch usually has increased power in times of war; for
this reason, it is important we use our critical-thinking skills in evaluating
government policy and directives during these times.
- 18. 18
© McGraw-Hill.
Checks on Executive Power
Several groups within our society act as checks on
executive power. These include:
• The legislative branch, which possesses the power of
impeachment.
• The judicial branch.
• The media.
• The citizens—that is, us.
- 19. 19
© McGraw-Hill.
Was Executive Order 9066 to Send Japanese
Americans to Internment Camps Morally Justified?
Carl Mydans/The LIFE Picture Collection/Getty Images
- 20. 20
© McGraw-Hill.
The Legislative Branch
In a democracy we have the rule of law, in which
government authority must be exercised in accordance
with written laws, to protect us from the rule of men,
where the ruling class can make arbitrary laws and rules
for individual cases.
The United States Constitution created the legislative
branch, or Congress, for the purpose of making and
enacting laws.
• There are two houses of Congress: the Senate and the House of
Representatives.
- 22. 22
© McGraw-Hill.
Participating in the Legislative Process
As citizens, there are several ways we can participate in
the legislative process. These ways include lobbying,
volunteering, contacting our legislators, interning, and
getting initiatives placed on the ballot.
• In cases where these efforts fail, or where we consider existing laws
to be unjust, we can protest the law or engage in civil disobedience.
- 23. 23
© McGraw-Hill.
Top Six Spenders on Lobbying 2018*
*Statistics from the Senate Office of Public Records; compiled by the Center for Responsible
Politics at www.Opensecrets.org
Access the text alternative for slide images.
- 26. 26
© McGraw-Hill.
Civil Disobedience
• Since the early nineteenth century, Americans have
used civil disobedience—the active, nonviolent refusal
to obey a law that is deemed to be unjust—as a political
instrument to bring about changes in legislation or
government policy.
• Individuals as varied as Henry David Thoreau and Rosa
Parks have used civil disobedience to challenge
authority.
- 28. 28
© McGraw-Hill.
Engaging in Civil Disobedience
In 1849, Henry David Thoreau outlined four criteria for
engaging in effective civil disobedience:
• Use only moral and nonviolent means to achieve goals.
• Make an effort to achieve change legally.
• Be open and public about your actions.
• Be willing to accept the consequences of your actions.
- 30. 30
© McGraw-Hill.
The Judicial Branch
Article three of the Constitution created the judicial branch
of the federal government, which comprises the court
systems; their members, the justices (judges), are usually
elected for life.
• Because of this, judges are not as exposed to legislative or public
pressure as other elected government officials.
While legislators consider and construct laws, the judicial
branch asks when the law should be applied and how it
should be interpreted.
• The U.S. Supreme Court is the highest court in the land.
- 32. 32
© McGraw-Hill.
Rules of Evidence
The judicial procedure is governed by strict rules of
evidence.
• This is because of our system, which is based on an adversarial
model.
• Rules of evidence: A set of rules that ensure fairness in the
administration of law.
• The purpose of these rules is to ensure “fairness in the administration of
law . . . and the promotion of growth and development of the law of
evidence to the end that the truth may be ascertained and proceedings
justly determined."
- 33. 33
© McGraw-Hill.
Legal Reasoning and the Doctrine of
Legal Precedent
Legal reasoning requires the use of inductive and
deductive arguments and the use of inductive arguments
using analogies.
• These analogies take the form of an appeal to precedents.
• Legal precedents form what is known as common law.
• According to the doctrine of legal precedent, if previous cases are
similar in relevant ways to the current case, then the current case should
be decided in the same way.
- 34. 34
© McGraw-Hill.
Evaluating Legal Precedence
To determine if a previous case provides legal precedence,
use the following criteria:
• Research the present case. Study the relevant details and issues.
• Examine possible precedents. Find other similar cases and their
court decisions.
• Identify shared general principles. Look for principles that apply
both to your case and the precedent(s).
• Evaluate the analogy. Determine how strong and relevant the
similarities and dissimilarities are.
- 35. 35
© McGraw-Hill.
Rules of Evidence Were Introduced to Prevent
Injustices Such as the Salem Witch Trials
© North Wind Picture Archives / Alamy Stock Photo
Access the text alternative for slide images.
- 36. 36
© McGraw-Hill.
Conclusions
Our legal and political system is designed to allow us as
citizens to participate in a number of ways, both legal and
non-legal. A healthy democracy requires continual input
from a well-informed citizenry who apply critical-thinking
skills to the study of political and legal developments. This
is also true when examining the judicial system and the
legal process itself. As such, critical-thinking skills are vital
in the preparation, presentation, and evaluation of a strong
legal argument.
