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Chapter 4
The Constitution
Lesson 1
Goals of the Constitution
• The Preamble, or introduction to the Constitution reflects the basic principle of the new American
government - the right of the people to govern themselves.
• The U.S. government had six goals:
– To form a more perfect union
– To establish justice
– To insure domestic tranquility
– To provide for the common defense
– To promote the general welfare
– To secure the blessings of liberty
• The Framers believed the states needed to agree to operate as a single country and cooperate on
major issues.
• The Constitution provides a national system of courts to protect peoples’ rights and to hear cases
involving violations of federal law and disputes between states.
• The Constitution provides a strong central government to keep peace among the people.
• The Constitution gives the federal government the power to maintain armed forces and protect the
citizens.
• The Constitution provides ways for the government to promote the general well-being of the
people.
• The Constitution guarantees people’s basic rights.
Major Principles
• The Constitution rests on seven major principles:
– Popular sovereignty
– Republicanism
– Limited government
– Federalism
– Separation of Powers
– Checks and Balances
– Individual rights
• Popular sovereignty means “the authority of the people.”
• The U.S. government derives its power from the people.
• Under republicanism, the people choose their government leaders.
• A limited government makes certain that the government only has powers the people grant it.
• Federalism is a system in which the power to govern is shared between the national government
and the states.
• The Constitution defines three types of powers.
– Enumerated powers belong only to the federal government.
– Reserved powers are powers retained by the states.
– Concurrent powers are powers shared by the state and federal governments.
• The Constitution divided the government into three branches:
– The Executive
– The Legislative
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– The Judicial
The Framers established a system of checks and balances in which each branch of the government
can check, or limit, the power of the other branches.
The Supreme Court has acquired the power to interpret the meaning of the Constitution.
The Bill of Rights became the first 10 amendments, or changes, to the Constitution.
A Living Constitution
• The amendment process discourages frequent or minor changes to the Constitution.
• An amendment can be proposed in two ways:
– By vote of two-thirds of both houses of Congress
– By two-thirds of the state legislatures asking for a special convention on the amendment
• Congress interprets the “elastic clause” of the Constitution to mean that it has certain implied
powers, powers not specifically defined in the Constitution.
• Congress has used the “commerce clause” of the Constitution to expand its powers in a number of
areas, including regulation of the airline industry, radio and television, and nuclear energy.
• The Constitution describes the role and powers of the president in general terms.
• This has allowed the executive branch to expand its powers.
• Although not mentioned in the Constitution, judicial review has become major power of the
judicial branch.
Lesson 2
The Federal Government
The Legislative Branch
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Congress has two houses:
– The House of Representatives
– The Senate
The House of Representatives has 435 voting members and five nonvoting delegates from the
District of Columbia, Puerto Rico, Guam, American Samoa, and the Virgin Islands.
The number of representatives from each state is determined by the state’s population.
The Senate consists of 100 senators, 2 from each state.
The Senate ratifies treaties and confirms presidential appointments.
The role of Congress is to make the nation’s laws and control government spending.
Congress appropriates, or sets aside, funds for the government.
Congress monitors the executive branch.
The House of Representatives can impeach, or bring formal charges against, any federal official it
suspects of wrongdoing.
All members of Congress must represent their constituents, the people of their home states and
districts.
Both houses use committees to evaluate proposed legislation.
Standing committees are permanent committees.
Joint committees are committees with members from the House and the Senate.
Sometimes the House and Senate form temporary committees to address special issues.
Once a bill is approved by the House and Senate, it goes to the president for approval.
If the bill is signed, it becomes a law.
If the president vetoes a bill, it goes back to Congress, which can override the president’s veto.
The Executive Branch
• The executive branch includes the president, the vice president, and various executive offices,
departments, and agencies.
• The president is the chief executive and is responsible for carrying out the nation’s laws.
• The president is the chief diplomat, directing foreign policy, appointing ambassadors, and
negotiating treaties.
• The president is commander in chief.
• In this role, the president can use the military to intervene, or offer assistance in crises at home or
around the world.
• The president cannot declare war; only Congress can declare war.
• As chief of state, the president represents all Americans.
• The president serves as legislative leader by proposing laws to Congress.
• The Executive Office of the President consists of individuals and agencies that directly assist the
president.
• The cabinet consists of the executive departments responsible for each area of government.
• Independent agencies manage federal programs in many fields.
• A government corporation is a government agency that is run like a privately owned business.
The Judicial Branch
• The court system is made up of the Supreme Court, district courts, and appeals courts.
• District courts consider civil and criminal cases that come under federal, rather than state,
authority.
• The appeals courts review district court decisions in which the losing side has asked for a review of
the verdict.
• The Supreme Court hears and rules on cases that have been appealed to it.
• The Supreme Court writes an explanation, or opinion, about the ruling of each case.
• In doing so, the Court is a political institution because it often determines often policy.
• The Supreme Court is led by a chief justice.
• Judicial review is the Supreme Court’s power to examine the laws and actions of local, state, and
national governments and to cancel them.
• The Supreme Court can also review presidential policies.
Lesson 3
Citizens’ Rights and Responsibilities
Rights of American Citizens
• The rights of American citizens fall into three broad categories:
– The right to be protected form unfair actions of the government
– The right to have equal treatment under the law
– The right to have basic freedoms
• Due process of law means that the government must follow procedures that are established by law
and guaranteed in the Constitution.
• All Americans, regardless of race, religious beliefs, or political beliefs, have the right to be treated
the same under the law.
• Basic freedoms include the freedom of speech, freedom of religion, freedom of the press, freedom
of assembly, and the right to petition.
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The First Amendment allows citizens to criticize the government, forbids the government from
endorsing a religion, and ensures citizens’ rights to practice the religion they choose.
The Ninth Amendment states that the rights of Americans are not limited to those mentioned in
the Constitution.
Americans must work to protect their rights.
The government can establish laws to restrict certain standards to protect the health, safety,
security, and moral standards of a community.
Citizen Participation
A citizen is a person who owes loyalty to and is entitled to the protection of a state or nation.
A person of foreign birth can become a citizen through the process of naturalization.
Citizens of the United States are expected to carry out certain duties and responsibilities.
Duties are things citizens are required to do by law.
Responsibilities are things citizens should do.
Laws help maintain order.
They protect the health, safety, and property of all citizens, and make it possible for people to live
together peacefully.
The Constitution guarantees all Americans the right to a trial by a jury of their peers.
The American ideal of civic republicanism means citizens should participate in community affairs,
be informed, voice their opinions, and take part in government and the political process.
Voting is the most important responsibility of U.S. citizens.
Citizens can belong to special interest groups, who present arguments supporting or opposing bills
that are up for discussion.
Citizens can join a political party and help choose candidates to run for various political offices.
U.S. citizens should respect the rights of others with whom they may disagree.