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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.