Download About the Constitution

VIRGINIA EACH PUBLIC SCHOOLS
Constitutional Government
Unit 2
Inside this issue:
About the Constitution
The United States Constitution
describes the government
and the rights of the
American people .



No law may be passed
that contradicts it’s
principles
No person, or the
government is exempt
from following it
This is why the U.S.
Constitution is
considered the
“supreme law of the
land”
The purpose of the
government is found in the
Preamble. For the
government to be
successful , the founding
fathers established 3 main
principles on which our
government is based on:
*Inherent Rights—the rights
that anyone living in
American has.
*Self Government—
government by the people
*Separation of Powers—3
branches of government with
different powers.
____________________________
The U.S Constitution is
organized into 3 parts:
Where : Constitutional
Convention—Philadelphia,
Pennsylvania
Who:
Continental Congress
Why: The Articles of
Confederation were not
working and a stronger
1
Constitutional Convention
1
Types of Governments
2
Info about the government
2
Federalism and Separation of
powers
3
3 Branches and checks and
balances
5
5-6
Preamble
Washington, Jefferson and Franklin headlined a list of Founding Fathers
responsible for the creating of the U.S.
Constitution
*Preamble : Describes the
purpose of the document
and the government
Bill of Rights/1st Amendment
7
“a living document”
8
Amendments
9-10
*Articles: Establishes how the
government is structured and
how the Constitution can be
changed. There are 7
articles.
*Amendments: changes to
the Constitution; the first 10
are called the Bill of Rights .
The Constitutional Convention
When: September 1787
About the Constitution
Special Points of
Interest
 Why do Governments Change?
central government was
needed.
 Why didn't the Articles of Confederation work?
The created the U.S.
Constitution: a written
plan of government
 How is the Government Organized?
 How does the Constitution limit the
powers of the Government?
 Why is the Constitution called a
“living
document”?
 The 1st Amendmend protected
what?
PAGE 2
UNIT 2:
THE SUPREME LAW OF THE LAND
Type s o f Gove rn men ts: Co mpa ring the A rtic les o f
Con fe de ra tion /Con stitu tion
Confederation: A weak or loose
organization of states that agrees to
follow a powerful central government .
Federal : Power is shared by a powerful
central government and states are given
considerable self-rule, usually through
their own Congress.
_______________________________________
The weaknesses of the Articles of
Confederation directly led to the
creation of the U.S. Constitution. These
weaknesses include:
force as well as no power to coin
money.
_______________________________________
The Constitution replaced the Articles of
Confederation with these changes:

Bicameral Congress

President has the power to enforce
laws.

Congress elected by the people

Simple majority to pass laws

Congress given power to collect
taxes

Unicameral Congress

No Executive Branch

Few powers given to the national
government

Congress given power to coin
money

Congress was elected by the states
legislatures


Congress had no power to tax,
regulate trade, establish an armed
Congress given the power to form
an army and navy for national
defense
Strong state government vs. Strong federal
government
Virginian’s have always attached
themselves to the idea of strong states rights
Important information about the Constitution
*Limiting the powers of the Government :
The government can only do what the
Constitution says it can.
-The Constitution set a limit on the
powers of the government
-It establishes the basic structure of the
U.S. government
-Article 1 lists the powers denied to the
federal (national) government
*Majority Rule– Democratic governments
are ruled by the majority (whomever
gets the most votes wins)
*Federalism- The powers of the
government are divided between the
national government and the 50 state
governments.
-each of the 50 states has their own
governments
*Supremacy clause: a statement in the
Constitution that defines the National
government as the “Supreme Law of
the Land”. In case of conflict between a
state law and a federal law, the federal
law has the highest authority.
Federal cigarette advertising
regulations conflict with many state laws .
Any conflicting state laws must accept the
federal laws as the “Supreme Law of the
Land”
UNIT 2
PAGE 3
Federalism
Enumerated Powers
Powers of the Federal Government
*Print Money $$$
*Regulate Interstate
and international trade
Concurrent Powers
Powers shared by the
federal government
and the state
government
*Collect taxes
*Make treaties and
conduct foreign policy
* Build roads
*Borrow money $$$
*Declare war
*Provide an Army and Navy
*Establish a post office
*Regulate immigration
*Govern new territories and
admit new states
*Make laws necessary and proper to
carry out these powers.
Reserved Powers
Powers of the state government
*Establish courts
*Issue licenses (drivers and marriage )
*Make and enforce laws
*Conduct elections
*Charter banks and corporations
*Establish local governments
*Spend money on the general welfare
*Ratify amendments to the Constitution
*Take private property for public
purposes, with just compensation
*Command the national guard
*Create public schools
*Take measures for public health and
safety
*May exert powers the Constitution does
not delegate to the national
government or prohibit the states from
using .
S epa rat io n o f P ow er s
Distributes powers
equally among the
three branches of
government
Ensures that no
person or branch of
government is too
powerful
“A question arises
whether all the
powers of
government,
legislative,
* The U.S. Constitution is deliberately inefficient .


The separation of powers was
designed to prevent the majority
rulers from ruling with an “iron fist”.
Based on the Founding Fathers
experience, they purposely tried
to limit the powers of each
branch.
In a presidential power play, FDR
attempted to add 6 more Supreme Court
Justices. This attempt was blocked because
it was unconstitutional.
executive, and
judicial, shall be left
in this body? I think
a people cannot
be long free, nor
ever happy, whose
government is in
one Assembly” .
John Adams
PAGE 4
NEWSLETTER TITLE
Separation of Powers/ 3 Branches of Government
Legislative Branch
Executive Branch
Judicial Branch
* Created in Article 3
*Created in Article 1
*Created in Article 2
*Congress is the law making branch
*Executes the countries laws
*Interprets the law and punishes law
breakers
*Made up of 2 houses: The Senate and
the House of Representatives.
*Headed by the President of the United
States
*Supreme Court is the head of the
Judicial Branch
Powers of the Executive
Branch
Powers of the Legislative
Branch
*Proposes the laws
*Interprets the Constitution and other
laws
*Make the laws
*Approves or vetoes laws
*Confirm presidential appointments
*Administers and executes the laws
*Approve treaties
*Commands the Armed Forces
*Grants money
*Appoints ambassadors, federal judges
and others
*Declare war
Powers of the Judicial
Branch
*Reviews lowers court decisions
*Conducts foreign policy/makes treaties
C h e c k s a nd B a la n c e s
Executive Checks
*Each branch has powers that no other
branch can have
*Each branch has powers that limit the
powers of the other two branches
*Ensures that no branch becomes too
powerful.
Over the Legislative
Branch
Over the Judicial Branch
*Appoints federal judges
*Vetoes acts of congress
*Calls Congress into a
special session
Legislative Checks
Over the Executive
Branch
Over the Judicial Branch
*Overrides vetoes
*Approves federal
judges
*Approves Federal
Judges
*Impeaches federal
judges
“Our culture is just a series
of checks and balances.
The whole idea that we are
in a battle between tyranny
and freedom– it’s a series
of pendulum swings”.
John Stewart
Judicial Checks
Over the Legislative
Branch
*Declares laws
unconstitutional
Over the Executive
Branch
*Declares Executive acts
unconstitutional
UNIT 2
PAGE 5
The Preamble to the U.S. Constitution
We the People of the United States,
in order to form a more perfect union,
establish justice, insure domestic
tranquility, provide for the common
defense, secure the blessings of liberty
to ourselves and our posterity, do
ordain and establish this constitution
of the United States of America
Once you know
it….you will
never forget it
PAGE 6
NEWSLETTER TITLE
The Constitutional Preamble Goals
Goals of the Preamble
What it means?
Where is it found in the
Constitution?
To create a better government than was
provided by the Articles of Confederation
By creating a policy making Executive Branch
and by giving Congress the power to tax, the
new Constitution avoided the worst problems of
the Articles of Confederation
To make laws and establish a fair
court system
The Constitution created the U.S. Supreme Court
and the judiciary act of 1789 created the rest of
the Federal court system.
To maintain law and order at home
The federal government shares with the
state governments the task of maintaining
law and order at home. Together they are
responsible for enforcing the laws
Provide for the common defense
To protect the nation from it’s
enemies
The constitution authorizes the creation of
an army and a navy
Promote the general welfare
To ensure the well being of the entire
population
Over time the U.S. government has given all
citizens the right to vote among other
freedoms.
And secure the blessings of liberty to
ourselves and our posterity
To safeguard people’s personal
freedom
The Bill of Rights
Do ordain and establish this Constitution
of the United States of America
Create this form of government for the
country
We the people of the United States, in
order to form a more perfect union….
Establish Justice
Insure Domestic Tranquility
UNIT 2
PAGE 7
The Bill of Rights
The Bill of Rights are the first 10
Amendments to the U.S.
Constitution.
*They are a list of individual
freedoms
*Protections against the
government
*A list of rights for citizens that are
accused of crimes
WHY?
*The first Federal Congress wanted a
written list of individual rights (Set in
stone so to speak)
*The creators of the Constitution
were influenced by the writings of
previous documents
—Virginia Statute of Religious
Freedom
—The Virginia Declaration of Rights
*The documents provided a
benchmark for the writing of the
Constitution. They are essentially a
list of ideas created since the
Colonies inception with the goal of
creating a government “for the
people” *
—The Charters of the Virginia
Company of London
—The Declaration of Independence
—The Articles of Confederation
*The Congress wanted protection
against abusive government power
Our freedom of speech is the
envy of all citizens throughout
the world.
The First Amendment
Petition
Freedom to make your views known to public officials.
You may even file a grievance with government policy if
you see fit.
Religion
*Freedom to exercise religion
*Government cannot establish an official religion
*Government cannot endorse a religion
Assembly
*Freedom to gather peacefully
*Participate in a political rally, sit in or even a protest
march
Speech
*Freedom to express opinions and beliefs
*This freedom is not absolute and you cannot say
“anything you want”—there are some exceptions
*Obscenity is not protected
Press
*Freedom to gather and publish information
*Freedom to criticize the government
“I love the protest signs protected by the First
Amendment - some of them humorous, some of them
passionate, some factual, some entirely incorrect - all
of them free ideas”.
Jennifer Granholm
“I disapprove of what you say, but I will defend to the
death, your right to say it”.
Beatrice Hall 1906
PAGE 8
NEWSLETTER TITLE
A “living document”
*The framers of the U.S. Constitution planned a system of government that could adapt to the changing
conditions and needs of the country. The Constitution is called a “living document” because it can be
changed if the need arises.
Adaptability-Amendments
Flexibility-Elastic Clause
Amendment: A written change to the
Constitution
Also known as the “necessary and proper clause”
The Amendment process is a complex; to
date only 27 amendments have been
passed.
Allows Congress to extend its delegated powers
The first 10 Amendments are called the
“Bill of Rights”
“To make all laws which shall be necessary and
proper for carrying into execution the foregoing
powers”
Permits Congress to pass laws related to situations
developed since the writing of the Constitution
Process for Amending the Constitution
Action by Congress
Ratification by the states
Amendments to the Constitution
2nd Amendment
Provides the right to bear arms
3rd Amendment
Prohibits the government from forcing citizens to house soldiers
during time of war (or peace for that matter)
4th Amendment
Protects people from unreasonable search and seizure. A court
is required to authorize any search. It can only be done when
there is evidence a crime has been committed.
What is the writer of this
“cartoon” trying to say?
The cartoonist
believes that an
armed country is less
likely to overrun by
an oppressive
government
UNIT 2
5th Amendment
The right “to remain
silent”
PAGE 9
Allows the freedom from being twice for the same
crime when found innocent of that crime, and allows
a person on trial to not testify against themselves. This
amendment also allows the government to take
private land for public use as long as fair
compensation is given to the owner of the land. This is
called eminent domain
6th Amendment
Gives the people of the United States the right to a fair
and speedy trial by a jury of their peers. People also
have the right of to council (lawyer). A lawyer will be
appointed for the defendant if they cannot secure
one themselves. People also must be told of the
charges against them. They will also have a right to
bring witnesses for their defense.
7th Amendment
Provides a trial by jury for civil disputes over $20.00
8th Amendment
Forbids cruel and unusual punishment
9th Amendment
Today the 9th Amendment is mainly used to stop the
government from expanding their power rather than
just limiting their power.
10th Amendment
The states receive any power not specifically given to
the federal government in the Constitution
11th Amendment
This amendment limits the power of citizens from suing
the state in a federal court and under federal law.
12th Amendment
To alleviate the chance of a tie in the electoral
college, electors vote once for the president . Then
they vote for the vice-president.
13th Amendment
Abolished (ends) slavery and grants Congress the
power to enforce abolition.
14th Amendment
Defines “citizenship”. It was passed to grant citizenship
to the freed slaves and states that any person born or
naturalized in the United States is a citizen.
Disputes over compensation for
services or disagreements can
be settled in court
15th Amendment
Granted African-American men the right to vote
16th Amendment
This amendment allowed an income tax. Before this
amendment, the government couldn't tax people
directly.
17th Amendment
Changed the way senators are elected. State legislatures used to pick the senators. Now the people elect
their senators. This helps to make senators more accountable to the people they represent
18th Amendment
Prohibited the manufacturing, importing, exporting of
alcohol.
19th Amendment
Gave women the right to vote
20th Amendment
Changes the date for when the president takes office. It
also say’s when people who serve in congress start
work. Now the president takes an oath on January
20th. Congress starts work on January 3.
21th Amendment
Repeals the 18th Amendment, ending prohibition
22th Amendment
This change says a person can only be president two
times.
23th Amendment
This gave people in Washington D.C. the right to vote
for president. Before 1960, they could not vote. This
amendment also gave the district electors to represent
their voice in choosing the president
24th Amendment
This amendment got rid of the poll tax. People had to
pay poll tax before they could vote. Many people had a
hard time paying this tax. States loved them because it
helped them raise money.
25th Amendment
This amendment tells when the vice-president should
take over for the president if he dies or is sick.
26th Amendment
Lowered the voting age to 18. If a soldier can die in
battle serving his country, surely they should be able to
vote
27th Amendment
Changed the way Congress grants itself pay raises.