Download Unit 2 Review

Unit 2 Review
United States Constitution
• Written in Philadelphia
• Original intent was to
revise the Articles
• James Madison was the
“Father” of the
Constitution
• 39 men signed it in
1787
What is the Constitution?
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The U.S. Constitution is the fundamental
framework of America’s system of government.
The Constitution:
Creates a government that puts the power in the
hands of the people
Separates the powers of government into three
branches: the legislative branch, which makes
the laws; the executive branch, which executes
the laws; and the judicial branch, which
interprets the laws
Sets up a system of checks and balances that
ensures no one branch has too much power
Divides power between the states and the
federal government
Describes the purposes and duties of the
government
Defines the scope and limit of government
power
Prescribes the system for electing
representatives
Establishes the process for the document’s
ratification and amendment
Outlines many rights and freedoms of the
people
Supreme Law of the Land
• The Constitution of the
United States of America is
the supreme law of the
United States. Empowered
with the sovereign
authority of the people by
the framers and the consent
of the legislatures of the
states, it is the source of all
government powers, and
also provides important
limitations on the
government that protect the
fundamental rights of
United States citizens
Constitution
How the Constitution is
divided:
1. Preamble/Intro
2. Articles—the major
divisions
3. Sections---divisions
of an article
4. Clauses---divisions
of a section
5. Amendments
6 Basic Principles
The 6 principles of the United States Constitution are:
1. Limited Government- government is not all powerful. There are certain
things the government may not do.
2. Popular sovereignty- power comes from the people. (We are the source of
all power, the government needs our consent)
3. Rule of law-people working for the government may not violate the law.
(everybody is accountable under the law, even the president.)
4. Separation of Power- each branch of the government has its own powers.
Legislative makes laws, executive enforces law, judicial interprets the laws.
5. Checks and Balances- this ensures that all 3 branches are equal and that
no 1 branch may become more powerful than the other 2 branches.
6. Federalism- is the idea that local affairs are handled by the local, state
governments, while national affairs are handled by the national government.
Articles
• Article 1- Legislative
Branch/Congress
1. Bicameral Legislature--There are two houses, a
Senate and House of
Representatives.
• Section Two---House of
Representatives
1. Clause One
 A Representative serves a
two year
term
• Article 2
• Rules for how the
President and the Vice
President are elected are
defined in Article II. It
also defines the
responsibilities and
powers of the President
and the executive branch
Articles
Article 3
• The judicial branch
includes the Supreme Court
and lower courts. Article III
states that Supreme Court
Judges can hold office for
life, unless they are
removed, impeached, or
convicted of a crime. It also
says that anyone accused of
committing a federal crime
has the right to a trial by
jury.
Article IV
• Discusses the relationship
between states and the
federal government. It also
outlines the rules for
admitting new states to the
Union.
Articles
Article V
The Founding Fathers
realized that over time, the
government might need to
make changes, called
amendments, to the
Constitution. Two thirds of
both houses of Congress
must agree to propose an
amendment. It takes a
positive vote by three
fourths of the states to make
an amendment law.
Article VI
Article VI states that the
Constitution is the highest
law of the land. Federal and
state officers and judges
must uphold the
Constitution.
Articles
Article VII
The names of the men who signed and ratified,
or approved the Constitution, are in Article VII.
It confirms the establishment of the
Constitution
Amendments
• The First Amendment provides that Congress
make no law respecting an establishment of
religion or prohibiting its free exercise. It
protects freedom of speech, the press, assembly,
and the right to petition the Government for a
redress of grievances.
• The Second Amendment gives citizens the right
to bear arms.
• The Third Amendment prohibits the government
from quartering troops in private homes, a major
grievance during the American Revolution.
Amendments
• The Fourth Amendment protects citizens from
unreasonable search and seizure. The government
may not conduct any searches without a warrant, and
such warrants must be issued by a judge and based on
probable cause.
• The Fifth Amendment provides that citizens not be
subject to criminal prosecution and punishment
without due process. Citizens may not be tried on the
same set of facts twice, and are protected from selfincrimination (the right to remain silent). The
amendment also establishes the power of eminent
domain, ensuring that private property is not seized
for public use without just compensation.
Amendments
• The Sixth Amendment assures the right to a speedy
trial by a jury of one's peers, to be informed of the
crimes with which they are charged, and to confront
the witnesses brought by the government. The
amendment also provides the accused the right to
compel testimony from witnesses, and to legal
representation.
• The Seventh Amendment provides that civil cases also
be tried by jury.
• The Eighth Amendment prohibits excessive bail,
excessive fines, and cruel and unusual punishments.
Amendments
• The Ninth Amendment states that the list of
rights enumerated in the Constitution is not
exhaustive, and that the people retain all
rights not enumerated.
• The Tenth Amendment assigns all powers not
delegated to the United States, or prohibited to
the states, to either the states or to the people.
Bill of Rights
• The first 10
Amendments are
called the Bill of
Rights.
Civil War Amendments
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Thirteenth Amendment
Although Congress abolished slavery in the District of Columbia in 1862, and President Abraham
Lincoln’s Emancipation Proclamation ended the practice of slavery in rebellious states in 1863, at war’s
end in 1865 the question of slavery had not been resolved at the national level. The federal government
required new state constitutions in former Confederate states to include the abolition of slavery, but there
was nothing to prevent states from reinstituting the practice with revised state constitutions. Senators
Lyman Trumbull of Illinois, Charles Sumner of Massachusetts, and John Henderson of Missouri,
sponsored resolutions for a constitutional amendment to abolish slavery nationwide. The Thirteenth
Amendment, ratified by the states on December 6, 1865, abolished slavery “within the United States, or
any place subject to their jurisdiction.” Congress required former Confederate states to ratify the
Thirteenth Amendment as a condition of regaining federal representation.
Fourteenth Amendment
Ratified July 9, 1868, the Fourteenth Amendment granted citizenship to all persons "born or naturalized
in the United States," including former slaves, and provided all citizens with “equal protection under the
laws,” extending the provisions of the Bill of Rights to the states. The amendment authorized the
government to punish states that abridged citizens’ right to vote by proportionally reducing their
representation in Congress. It banned those who “engaged in insurrection” against the United States from
holding any civil, military, or elected office without the approval of two-thirds of the House and Senate.
The amendment prohibited former Confederate states from repaying war debts and compensating former
slave owners for the emancipation of their slaves. Finally, it granted Congress the power to enforce this
amendment, a provision that led to the passage of other landmark legislation in the 20th century,
including the Civil Rights Act of 1964, and the Voting Rights Act of 1965. Congress required former
Confederate states to ratify the Fourteenth Amendment as a condition of regaining federal representation.
Civil War Amendments
• Fifteenth Amendment
• As a member of the Senate Committee on the Judiciary, William
Stewart of Nevada guided the Fifteenth Amendment through the
Senate. Ratified February 3, 1870, the amendment prohibited
states from disenfranchising voters “on account of race, color, or
previous condition of servitude.” The amendment left open the
possibility, however, that states could institute voter qualifications
equally to all races and many former confederate states took
advantage of this provision, instituting poll taxes, and literacy tests,
among other qualifications.
• The Reconstruction amendments to the Constitution extended new
constitutional protections to blacks, though the struggle to fully
achieve equality would continue into the twentieth century.
Separation of Power/Checks and Balances
Powers
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Expressed-Powers directly stated in
the constitution.
Implied-Powers that the government
requires to carry out the expressed
constitutional powers
Inherent Powers-Powers that the
national government may exercise
simply because it is a government.
Supremacy clause-The statement in
Article VI of the Constitution
establishing that the Constitution,
laws passed by Congress, and treaties
of the United States “Shall be
Supreme Law of the Land”
Concurrent- Powers that both the
national government and the states
have.
Judicial Review
• The power of the courts to
say that laws and actions of
local, state, or national
governments are in valid
because they conflict with
the principles of the
Constitution.
• All Federal courts have the
power to declare a law
unconstitutional.
• The Supreme Court is the
highest court in the land.
3 Branches of Government
• Executive
• Legislative
• Judicial
Executive Branch
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Executive Branch
Responsible for enforcing the laws.
President is the head of the Executive Branch.
President provides leadership by setting goals
and developing policy.
Legislative Branch
• Also called Congress.
• Meet in the Capitol
Building in
Washington, DC
• Bicameral - 2 Houses
• House of
Representatives
• Senate
• Responsibility is to
make (create) laws.
• Has sole power to
Impeach President.
• All bills to raise money
must come from the
House of
Representatives.
• All bills (laws) must
pass in the House
before going to the
President.
Judicial Branch
• Responsible for interpreting
the law in regards to the
Constitution
• Final court of appeals for
state and federal cases.
• Supreme Court justices are
appointed by the President,
approved by the Senate, and
they hold their office for life
or retirement.
• Currently - 9 Justices - only
can be changed by
Constitutional Amendment
• Justices hear 150 cases per
year - over 5000 requests
• 4 Justices need to agree to
hear a case
• Session is October through
June
• Removed by impeachment
or conviction