Download the bill of rights

THE UNITED STATES
GOVERNMENT
Name _______________________
Period __________
Mrs. Hegedorn
Social Studies
8th Grade
UNIT 1: THE UNITED STATES GOVERNMENT Assignments
1. Journal picture and writing: Draw or print a scene of
the State of Nature. In a paragraph underneath, write
5-8 sentences describing what a State of Nature is and
how government helps to avoid it.
2. Journal: In a well written entry, describe how the
United States government is like a tricycle.
3. Journal: How is the United States government
structured, so that it is a true Constitutional
government?
4. Which one of the Amendments in the Bill of Rights is
most important to Americans and why? Which one
do you think could be taken out of the Constitutional
Amendments and why?
5. Journal: Should immigrants be allowed to be
President?
6. Vocabulary #1-20
7. Vocabulary #21-40
8. Study for Unit 1 Test
UNIT 1: THE UNITED STATES GOVERNMENT Study Guide
1. Government
2. Natural Rights
3. Absolute Power
4. Social Contract
5. Constitutional Government
6. Democracy
7. Federalism
8. Autocracy/Dictator
9. Totalitarianism
10. High Law
11. Separation of Powers
12. Checks and Balances
13. Constitution
14. Utopia
15. Bill of Rights
16. Articles of Confederation
17. Congress
18. Bicameral
19. Legislative
20. House of Representatives
UNIT 1: THE UNITED STATES GOVERNMENT Study Guide
21. Senate
22. Enumerated Powers
23. Elastic Clause
24. Impeach & Remove
25. Bill to Law
26. President Pro Tempore
27. Speaker of the House
28. Election
29. George Bush
30. Alexander Hamilton
31. Republican
32. Democrat
33. Executive
34. Cabinet
35. Commander of Chief
36. Electoral College
37. Judicial
38. Supreme Court
39. Judicial Review
40. Unconstitutional
ALEXANDER HAMILTON
PERSONAL BACKGROUND
Alexander Hamilton was born in the West Indies and raised on the Caribbean Island of St.
Croix. When Hamilton was 13, a devastating hurricane struck the island. Hamilton wrote a vivid
description of the storm that impressed all who read it. A few St. Croix leaders arranged to send
the talented teenager to New York, where he could get the education he deserved.
With no money or family connections to help him rise in the world, he made his way on
ability and ambition, and charm. George Washington spotted Hamilton’s talents early in the
Revolutionary War. Washington made the young man his aide-de-camp, or personal assistant.
Near the end of the war, Hamilton improved his fortunes by marrying Elizabeth Schuyler. His
new wife came from one of New York’s richest and most powerful families. With her family’s
political backing, Hamilton was elected to represent New York in Congress after the war. Later
he served as a delegate, a person chosen to represent their state, from New York to the
Constitutional Convention.
VIEW OF HUMAN NATURE
Human nature is defined as behavior that does not change over time. Hamilton’s view of
human nature was shaped by his wartime experiences. All too often, he had seen people put
their own interests and personal profit above patriotism and needs of the country. Most
Federalists shared Hamilton’s view that people were basically selfish and out for themselves. For
this reason, they distrusted any system of government that gave too much power to “the mob”, or
the common people. Such a system, said Hamilton, could only lead to “error, confusion, and
instability”.
BEST FORM OF GOVERNMENT
Federalists believed that the country should be ruled by the “best people” – educated,
wealthy, public-spirited men like themselves. Such people had the time, education and
background necessary to run the government wisely. “Those who own the country,” said
Federalist John Jay bluntly, “ought to own it”.
Federalists favored a strong national government, and believed in loose construction, or
loose and flexible, interpretation of the Constitution. They hope to use the new government’s
powers under the Constitution to unite the quarreling states and keep order among the people.
In their view, the rights of the states were not nearly as important as national power and unity.
THE STATE OF NATURE
DEFINITION:
State of Nature (noun) – a wild primitive state untouched by civilization; “he lived in the wild”;
natural state, wild, crudeness, crudity, primitiveness, rudeness
People will do what feels natural to them in order to survive. The strongest people in
society will begin to rise up to take control. If a state of nature occurs in an area, martial law
might be imposed. Martial law is when a government sends in the military to control the area.
CASE STUDY – NEW ORLEANS
With much of the city flooded by Hurricane Katrina, looters floated garbage cans filled
with clothing and jewelry down the street in a dash to grab what they could. In some cases,
looting on Tuesday took place in full view of police and National Guard troops.
At a Walgreen’s drug store in the French Quarter,
people were running out with grocery baskets and coolers
full of soft drinks, chips and diapers. When police finally
showed up, a young boy stood in the door screaming, “86!
86!” – the radio code for police – and the crowd scattered.
Around the corner on Canal Street, the main
thoroughfare in the central business district, people sloshed
headlong through hip-deep water as looter ripped open the
steel gates on the front of several clothing and jewelry stores.
One man, who had about 10 pairs of jeans draped over his left arm, was asked if he was salvaging
things from his store. “No,” the man shouted, “that’s everybody’s store.” Looters filled industrialsized garbage cans with clothing and jewelry and floated them down the street on bits of plywood
and insulation as National Guard lumbered by. Some in the crowd splashed into the waist-deep
water like giddy children at the beach.
Mike Franklin stood on the trolley tracks and watched the spectacle unfold. “To be honest
with you, people who are oppressed all their lives, man, it’s an opportunity to get back at society,”
he said.
A man walked down Canal Street with a pallet of food on his head. His wife, who refused
to give her name, insisted they weren’t stealing from the nearby Winn-Dixie supermarket. “It’s
about survival right now,” she said as she held a plastic bag full of purloined (stolen) items. “We
got to feed our children. I’ve got eight grandchildren to feed.”
At a drug store on Canal Street just outside the French Quarter, two police officers with
pump shotguns stood guard as workers from the Ritz-Carlton Hotel across the street loaded large
laundry bins full of medications, snack foods, and bottled water. “This is for the sick,” Officer
Jeff Jacob said. “We can commandeer whatever we see fit, whatever is necessary to maintain
law.”
Another officer, D.J. Butler, told the
crowd standing around that they would be out
of the way as soon as they got the necessities.
“I’m not saying you’re welcome to it,” the
officer said. “This is a situation we’re in. We
have to make the best of it.” The looting was
taking place in full view of passing National
Guard trucks and police cruisers. One man
with an armload of clothes even asked a
policeman, “Can I borrow your car?”
© 2011 The Associated Press. All rights reserved.
www.msnbc.msn.com
CONSTITUTIONAL GOVERNMENT
Directions: Look at the two cartoons below. Describe what is happening in each cartoon
by listing specifics in Part A.
How do the pictures below illustrate with and without a constitutional
government?
Picture A: ____________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
Picture B: ____________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
THE ARTICLES OF CONFEDERATION vs. THE CONSTITUTION
The Articles of Confederation was the first government of the United States. It was in
effect from 1781-1789. The Articles of Confederation was the first attempt at citizens
governing themselves, so their first try at government had many issues.
PROBLEMS WITH THE ARTICLES OF CONFEDERATION:
• One house legislature – each state got one vote in lawmaking regardless of population.
• Needed 2/3 majority to pass in Congress
• Government could not control trade
• Congress could ask for taxes, but couldn’t force the states to pay
• No Executive Branch to enforce laws
• No Judicial Branch to settle issues
• Need all of the states to agree to make amendments to the Constitution
CURRENT U.S. CONSTITUTION:
• Bicameral (2 house) legislature – The House of Representatives (population) & Senate (2/state)
• Needed majority (51%) of people in each house to pass laws
•Congress controls trade between states (interstate) and countries
•Congress can make and collect taxes
• Executive Branch led by a single President
• Judicial Branch led by the Supreme Court
• 2/3 of Congress or ¾ of the states need to agree to make amendments to the Constitution
What were the major changes made to the United States Constitution?
CONSTITUTIONAL GOVERNMENTS
A constitution is a framework for government. It describes how a government is going to
be run and organized. A constitution answers questions about the government and its citizens.
Constitutions, for the most part, are written. Some however, are partially written and some are
spoken. The United States and Russia have written constitutions, but only parts of the British
constitution are written. Throughout history, most societies have had constitutions that were
unwritten.
Every nation has a constitution, whether it is a good government or bad government. Just
because a nation has a constitution does not mean they are a constitutional government. A
constitutional government is present when the powers of the leaders are limited. The government
of the United States is constitutional because our leaders cannot do whatever they want. For
example, the Constitution limits the power of the Executive Branch and all of its smaller
departments (such as the police). Police officers cannot search your home without a warrant,
because the Constitution says they cannot do so.
These limits on our government’s power are part of the Constitution. The people in
charge must obey them, or they will be removed from office and possibly put in prison. Some
nations have no limits on their leaders’ powers. Leader often have unlimited power or there
might not be any enforcement of the limits they have. A government with unlimited power is not
a constitutional government, but rather an autocratic form of government ruled by a dictator.
In a constitutional government, the constitution must limit the government’s power. The
Constitution is considered Higher Law, meaning everyone has to follow it, even the president.
Answer the following questions:
1. What does the constitution do?
2. How does one know if a nation has a true constitutional government?
3. Why is a true constitution considered Higher Law?
Example of Higher Law:
During his second term, President Richard M. Nixon tried to place the Executive Branch of the
federal government beyond the reach of legal process. When served with a subpoena ordering
him to produce a series of tapes that were anticipated to link him to the Watergate conspiracy and
cover-up, Nixon refused to comply, saying that keeping the tapes confidential was his Executive
Privilege. The Supreme Court disagreed, saying the president had to hand over the tapes because
the Constitution forbids any branch of government from trying to get around a criminal
investigation.
ORGANIZING A CONSTITUTIONAL GOVERNMENT
You learned that powers are limited in a constitutional government. Constitutional governments
are usually organized so that no one group can get enough power to dominate the government.
Two ways of organizing government to prevent the abuse of power are called separation of
powers and checks and balances.
SEPERATION OF POWERS
A study of constitutional governments show that they are often divided into three different
groups and branches. All the power of the governments is not given to any one branch. Instead,
some of the power is given to each branch. For example, in our government we have
• a legislature branch, which has the power to make laws,
• an executive branch, which has the power to carry out and enforce laws,
• a judicial branch, which has the power to manage conflicts over the interpretation,
application and enforcement of laws.
CHECKS AND BALANCES
The phrase “checks and balances” means that powers given to the different branches of
government are balanced. No one branch has so much power that it can completely dominate
the others. Although each branch of the government had its own special powers, many of these
powers are checked because they are shared with the other branches.
In our Constitution, the power to make laws is given to Congress which is the legislative
branch of government. This power of congress is divided between two houses, the House of
Representatives and the Senate. Each can check the power of the other by refusing to pass a law
proposed by the other house.
In addition, the executive and judicial branches have been given ways to check and control
the power of Congress to make laws. For example,
• The President can check the power of Congress. Bills passed by Congress must be
signed by the President before they can become laws. The President has the right to
veto (refuse to sign) a law. If this happens, a bill cannot become a law unless Congress
overrides the veto by a vote of two-thirds of the members of both houses.
• The Supreme Court can check the power of Congress. It can declare laws to be in
violation of the Constitution and, therefore, invalid.
THE COMPLICATIONS OF CONSTITUTIONAL GOVERNMENT
The complicated system of separate power and checks and balances helps insure that
government power is limited. Because constitutional governments are organized in complicated
ways, getting things done sometimes takes a long time. It may seem strange, but this is often seen
as an advantage. Many people think that these complications make it more likely that when a
decision is finally made, it will be a good one.
CREATE A COUNTRY
As you know, the United States is just one of many countries around the world. Each
country is unique its own way. Your task is to create a country of your design. Answer the
following prompts to help you complete this task.
Name of your country: _________________________________________________________
What type of government will your country have? _____________________________________
Flags establish communication in symbols for the country they represent. These symbols
represent the values and ideals the people of the country take pride in; the values and ideals that
unite them. Each of the elements of a symbol have clear and consistent meanings, which can be
easily understood. Create an original flag that represents the spirit and values of your people.
The symbols can deal with the geography, history, economy, or culture of the country. On a
separate sheet of paper, write a description of what your flag represents and why you choose to
include that symbol.
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
The Constitution of
Law #1
Law #2
Law #3
Law #4
Law #5
If a citizen should break any of the above laws, they will….
If time remains, your group can make your country’s flag large
enough to display on the paper.
FEDERALISM
TYPES OF GOVERNMENT AROUND THE WORLD
Directions: Read the definition/description of the different types of government, then give a
real life example of this type of government.
1. Republic – Power is held by the people who vote, typically a president runs the country.
Example: _________________________________________________________
2. Democracy – A government for the people and by the people; majority rules in an election.
Example: __________________________________________________________
3. Constitutional – A government that is run and organized by a constitution that puts limits on
a leaders’ power.
Example: __________________________________________________________
4. Parliamentary Democracy – A government in which there is a democracy that has a parliament.
Example: __________________________________________________________
5. Communism – A government in which the state controls the economy, each member receives
an equal share of goods.
Example: __________________________________________________________
6. Federalism – A government in which there is a strong central power that rules with other levels
of power beneath it.
Example: __________________________________________________________
7. Monarchy – A government that is ruled by a king or queen.
Example: __________________________________________________________
8. Autocracy – A government ruled by the people.
Example: __________________________________________________________
9. Totalitarianism – A government with total control over the people’s lives.
Example: __________________________________________________________
10. Dictatorship – A government that has one person who tells the country is to be run.
Example: __________________________________________________________
TYPES OF GOVERNMENT AROUND THE WORLD
Directions: Answer the following questions by determining which type of government applies.
1. Which system would one most likely see true elections?
2. Which type of government would one most likely have a dictator?
3. Which system is characterized by a having a true constitutional government?
4. In which system might there be a king or queen?
5. Which system would most likely have a bill or rights for its people?
6. Which government would put some limits on the power of government officials?
7. This type of government tries to control almost every aspect of the people’s lives?
8. In which system does the government have absolute power?
9. Which system would most likely have separation of powers?
10. In which system would the laws be fairer?
POWERS OF THE LEGISLATIVE BRANCH
Directions: Read in the book We the People, “What was the conflict over the legislative power
of the national government?” Fill in the missing terms in the summary of the reading. Then,
create a question about the most important information in each paragraph of the summary.
Congress was weak under the Articles of Confederation. Congress did
not have the power to deal with ____________________ and economic
problems. It was not strong enough to control state governments. State
governments were violating the _____________________ rights of the
people. Congress did not have the power to make laws directly for the
people. It depended on the states to _____________________ laws.
Congress could not raise ____________________ itself, but had to
depend on money from the states.
The basic problem when creating this new national government was the
need for a strong government to _______________________ the rights
of the people, yet not so strong as to ______________________ the
rights of the people.
Specific, or enumerated powers (those spelled out in the Constitution)
of Congress are:
1. Impose and collect ______________________.
2. Borrow and _________________ money.
3. ______________ commerce with foreign nations and between states.
4. Establish _______________ offices.
5. ______________ war and raise an army and a navy.
General powers are those not specifically mentioned in the
________________ of Congress. This is often referred to as the
E-L-A-S-T-I-C Clause. This clause “provide for the ______________
________________ and general welfare of the United States”. It makes
all laws “necessary and proper” for ____________________ the powers
given to Congress.
HOUSE OF REPRESENTATIVES vs. SENATE
HOUSE OF REPRESENTATIVES
SENATE
Membership:
•435 total (set by law)
•each state’s delegation is determined by its
population relevant to the others.
Membership:
•2 per state
•100 total (2 x 50 states)
Qualifications:
•At least 25 years of age
•U.S. citizen for 7 years
•Resident of state represented
Qualifications:
•At least 30 years of age
•U.S. citizens for 9 years
•Resident of state represented
Term:
•2 years
•Entire House must be elected every 2 years
Terms:
•6 years
•1/3 of the members are elected every 2 years
How Elected:
•Directly elected
•Represent a “district” (29 in NY)
How Elected:
•Directly elected (17th Amendment)
•Originally, State Legislatures chose them
Presiding Officer:
•Speaker of the House
•Elected by the members of the House
Presiding Officer:
•Vice President = President of the Senate
•President Pro Tempore chosen by members
Special Powers:
•Brings impeachment charges
•May choose President if there is no majority
in the electoral system
•Must start all revenue bills
Special Powers:
•Acts as the jury in impeachment trials
•May choose the Vice President if there is no
majority in the electoral system
•Must ratify treaties with foreign nations
•Must approve Presidential appointments
HOW A BILL BECOMES A LAW
BILL OF RIGHTS
The first ten additions (or amendments) to the United States Constitution are called the Bill of Rights. They protect
some of your rights as a citizen and keep the government from becoming too powerful. This summary describes those
rights. Today, there are many more amendments (27 to be exact), but these ten were the foundation.
First Amendment
You have the right to practice any religion you want, to say what’s on your mind, to write what you want other
people to read, to meet with other people peacefully in groups, and to ask the government to correct things you
think are wrong.
Second Amendment
You have the right to own and carry weapons.
Third Amendment
The government can’t make you give soldiers food and a place to stay when there’s no war.
Fourth Amendment
The police can’t search your house or belongings without a legal paper (warrant). To get a warrant, they must
explain exactly what they’re looking for and why they think it’s here.
Fifth Amendment
The government can’t punish you for a crime by putting you in jail or taking thing that belong to you without
following legal rules. It can’t put you on trial twice for the same crime or force you to say things against yourself.
If the government needs your land for something, it must pay you.
Sixth Amendment
If the police accuse you of a crime, they must tell you exactly what the crime is and let you question the witnesses.
You have the right to a trial where a group of people who can be fair (a jury) hears both sides of the story. The
trial must take place soon after the crime, and anyone who wants to may attend. You have the right to bring
witnesses and a lawyer to help you tell your side of the story.
Seventh Amendment
If you’re accused of a crime that involves more than $20, you have the right to a trial by a jury. The jury’s decision
is final.
Eighth Amendment
If you’re accused of a crime, the government can’t demand a lot of money (bail) to make sure you
show up for the trial. If you’re guilty, your punishment can’t be worse than the crime.
Ninth Amendment
The government can’t take away your rights just because the Constitution doesn’t mention some of them.
Tenth Amendment
The United States government can use only the powers the Constitution talks about. All other rights belong to
your state government or to you.
THE BILL OF RIGHTS
Directions: Observe the chart on the following page, and answer the questions below.
1. Where is the Bill of Rights found?
______ in the Constitution
______ in the Amendments
2. According to Amendment III, troops cannot be housed in private homes.
______ True
______ False
3. According to Amendment IV, the police cannot search your home or seize your property.
______ True
______ False
4. In a Congressional hearing or trial, if a person pleads the “fifth” and refuses to answer
questions about herself/himself. Which Amendment is being applied and why?
Amendment - _______________
Why?
5. According to Amendment V, can a person to be tried a second time for the same crime?
______ True
______ False
6. Which amendment and its clause has led to the requirement that police read rights to those
being arrested?
Amendment - ________________
7. Amendment VI guarantees the right to a lawyer.
______ True
______ False
8. Which amendment would allow a person to be set free because proper procedures did not
take place during the legal process?
Amendment - ________________
9. What kind of jury is required in Amendment VI?
10. In Amendment X, what powers are reserved for the states?
THE BILL OF RIGHTS
AMENDMENT
PROTECTION AGAINST
I
Congressional laws infringing on freedoms of speech, press, peaceful
assembly; free exercise of religion or separation of church and state.
II
Congressional laws infringing on the right to bear arms.
III
Congressional laws quartering troops in private rooms in peacetime.
IV
Unreasonable searches, seizures; warrants only on probable cause.
V
Abuse in legal proceedings. It requires:
1. indictment by grand jury in felony cases;
2. no double jeopardy (being tried a second time after acquittal);
3. self-indictment cannot be forced;
4. due process must be used (proper and equal legal procedures)
5. property cannot be taken without just compensation.
VI
Abuse of accused citizens. It requires:
1. speedy and public trial;
2. impartial jury of peers;
3. informing of charges;
4. confrontation of accusers;
5. calling of supportive witnesses;
6. guarantee of counsel.
VII
Jury trials being denied in certain civil (non-criminal) cases.
VIII
Excessive bail; cruel , or unusual punishment.
IX
X
Other rights not listed in the Constitution being denied.
Powers not listed in the Constitution being denied to the states (As part of
the theory of federalism, powers not specifically assigned to the central
government are reserved for the states).
Assembly – joining together as a group
Self- Incrimination – testifying against yourself
Infringe – violating, breaking
Due Process – proper legal procedures
Quartering – housing
Peers – common people
Warrant – permit
Counsel – legal help such as lawyers
Probable Clause – reason and/or evidence Excessive – too much
Indictment – charged
Federalism – two levels of government
THE BILL OF RIGHTS RAP
Ratified in seventeen ninety-one,
The Bill of Rights had just begun.
With amendments numbered one to ten,
It protects the rights of all Americans.
The First Amendment, you will see,
Gives freedom to assemble peaceably.
Freedom of speech and the right to pray,
Freedom of the press – they’re used each day!
Your safety is important, says number two.
The right to keep weapons was given to you.
The housing of soldiers is Amendment Three,
They can only do this in times of emergency.
Illegal search and seizure is number four.
A warrant is needed to come in your door.
It secures your home and your property.
This amendment protects both you and me.
If you are caught or charged with a crime,
Due process of law is given each time.
Amendments Five, Six, Seven and Eight
Assure a fair trial that’s really first rate!
The framers of the Bill had soon concluded
That other rights had been excluded.
So they wrote down Amendments Nine and Ten,
Giving rights to the states and Americans.
The Bill of Rights is a treasure to hold.
The beliefs of today were beliefs of old.
It’s our foundation for liberty,
And helps us hold on to our democracy!
THE EXECUTIVE BRANCH
The basic problem for the framers of the Constitution was to give the
executive branch enough power to carry out its ____________ yet, not
so powerful as to overpower the other branches of government and
endanger the _______________ of the people.
The framers gave powers to the executive that would best be carried out
by one person. The most important are to ______________ laws made
by Congress, make ______________ with foreign nations, appoint
certain important _____________, conduct wars, and to _________
laws made by Congress.
The powers of the Executive branch are balanced because they are
shared with ____________. The Senate has the power to accept or
reject Presidential ________________, to the Executive and Judicial
branches of government. The Senate has the power to approve or
reject _______________ the President makes with foreign nations. The
President can conduct war, but Congress has the power to __________
war and provides money for war. The Congress can _______________
the Presidential veto. The House of Representatives has the power to
______________ the President and the Senate can place him on trial
and if found guilty, remove him from office.
Many of the framers did not trust a ______________ election of the
President by the people of the United States. They also did not want
the President selected by Congress. The _____________ __________
was a solution to the problem of selection. Each state has electors equal
to the number Senators and Representatives in ______________. Each
state can decide how to choose electors. The candidate who receives
the ____________ of votes in the electoral college becomes
__________________.
THE PRESIDENCY
The executive branch is outlined in Article II of the Constitution. The original idea of the
Presidency has been formally changed more than the Congress. The 12th, 20th, 22nd, 23rd, and 25th
Amendments have added new ideas on the Presidency.
The qualifications are simple: A person must be at least 35 years of age, a native born citizen, and
a resident of the United States for at least 14 years. The term of office is 4 years. The 22nd
Amendment limits a person to two full terms. A President can be removed from office for “high
crimes and misdemeanors” by the impeachment process. Official charges are brought by the
House of Representatives. A trail takes place in the Senate. A two-thirds vote of the Senate is
needed to remove an official from office. The Chief Justice of the Supreme Court presides over
the trial.
THE PRESIDENCY
Directions: Observe the previous page, and answer the following questions.
1. Which of the roles of the President of the United States includes proposing laws to Congress to
act upon?
2. Which includes sending troops to war?
3. Which includes leading the Republican or Democratic Party?
4. Which includes arranging treaties with other nations?
5. Which includes being in charge of the government bureaucracy, who are in charge of running
government programs?
6. Which includes making sure that Federal Court decisions are enforced and carried out?
7. Chief of State carries out __________________________ duties.
8. To become President, you must be at least ___________ years old and a _________________
citizen of the United States.
9. The Presidential term limit is ______________________.
10. Which of the current U.S. Cabinet Departments the oldest? Youngest?
THE PRESIDENT
Think you could wear seven hats at once? If you ever become President, you will do it every
day. That’s because the President’s job is really seven different powerful jobs in one. Keeping
all those different responsibilities straight can be challenging. See if you can do it by matching
the job and its description with a real President’s experience.
_____1. Chief of the Executive Branch: The President hires and fires officials
within his branch, creates policies, and appoints federal judges.
Congress must approve many appointments, including Cabinet
secretaries and Supreme Court Justices.
_____2. Commander in Chief of the Armed Forces: The U.S. Constitution
makes the President head of the nation’s military forces. Only
Congress can declare war, but recent Presidents have been allowed
to send troops into combat without a formal declaration.
_____3. Head of State: The President is a living symbol of the U.S. This job
includes mostly ceremonial duties, such as welcoming foreign
leaders, congratulating famous Americans, and promoting U.S.
traditions.
_____4. Director of Foreign Policy: The Constitution says that only the
President can make treaties with other countries (although the
Senate must approve them). The President also meets with foreign
leaders, visits foreign lands, and shapes policy through the Secretary
of State.
_____5. Head of Political Party: The President is head of his political party.
He uses his influence to back party candidates, raise money for
campaigns, and appoint party officials.
_____6. Economic Guardian: The President is expected to keep the U.S.
economy running smoothly. He plans the federal government’s
budget. He also appoints the head of the Federal Reserve, which
controls the amount of money circulating in the U.S. economy.
_____7. Legislative Leader: The Constitution gives the President the power
to sign acts of Congress into law or to veto (reject) any law. Congress
can override the veto by a two-thirds majority vote in both the House
and Senate.
A. President Richard M.
Nixon visits Communist
China.
B. President John F.
Kennedy orders a
military blockade of
Cuba.
C. President Ronald
Reagan stumps for
fellow Republicans
running for office.
D. President George
H.W. Bush throws out
the first pitch of the
baseball season.
E. President Bill Clinton
signs a welfare reform
bill into law.
F. President Franklin D.
Roosevelt appoints the
first woman to the
Cabinet.
G. President Harry S.
Truman urges a hike in
the minimum wage.
If you were the President, which of the seven hats would you like to wear most often? Why?
PRESIDENTIAL UN-TRIVIAL PURSUIT
How much do you know about U.S. Presidents? For example, did you know that George Washington had some
unusual false teeth that were carved from wood, rhinoceros ivory, whalebone, and deer antlers? Our first President also
loved cream of peanut soup and had a dog named Sweet Lips. Each of the presidential questions below offers a clue to
the answer. Can you answer all 10 correctly?
1. Several Presidents, including George Washington, never went to college. Which President, who took office,
after Abraham Lincoln’s assassination, never went to school at all?
A. Thomas Jefferson
B. Andrew Jackson
C. Andrew Johnson
2. Which President helped make vanilla ice cream popular by bringing recipes from France and serving it at
Monticello, his Virginia home?
A. James Madison
B. George Washington
C. Thomas Jefferson
3. Which two Presidents were also the sons of previous Presidents?
A. Benjamin Harrison &
Franklin Roosevelt
B. John Quincy Adams &
George W. Bush
C. John Adams & William
Henry Harrison
4. While on a hunting trip in 1902, President Teddy Roosevelt refused to shoot a bear cub. Many people think
this story helped launch a famous toy. What is its name?
A. Winnie the Pooh
B. Teddy Bear
C. Smokey the Bear
5. At the 1944 Republican Convention, the keynote speaker coined a name about World War II- related issues.
That name was later used for a popular toy. What is the toy’s name?
A. Barbie
B. PT-109
C. G.I. Joe
6. Which President, whose wife, Abigail, hung laundry in the East Room, became the first to inhibit the not-quitefinished White House in 1800?
A. Thomas Jefferson
B. John Adams
C. John Quincy Adams
7. Many Presidents have been war heroes. Who was the only President to serve in both the Revolutionary War
and the War of 1812?
A. Andrew Jackson
B. Thomas Jefferson
C. George Washington
8. Which former President was the first to have his photograph taken, in 1843?
A. John Adams
B. John Quincy Adams
C. Ulysses S. Grant
9. Which President was on his knees playing marbles when told that he had become President upon the death of
William Henry Harrison?
A. John Tyler
B. James K. Polk
C. Zachary Taylor
10. The only bachelor President, he was powerless to stop the Southern states from seceding, and said, “I am the
last President of the United States.”
A. John Adams
B. Millard Fillmore
C. James Buchanan
SHOULD AN IMMIGRANT BE ALLOWED TO BECOME A U.S.
PRESIDENT?
In October of 2003, California voters elected movie star, Arnold Schwarzenegger to be
their governor. This brought up many questions, like “could he be the next president?” The
answer to the question is no. The United States Constitution in Article II, Section I, states that
only natural born citizens can become president. As an immigrant from Austria, Schwarzenegger
could not run. Many Americans began to think that the Constitution should be amended, or
changed, and allow immigrants the chance to be president
YES!
NO!
Many of the most talented and
patriotic Americans were born
elsewhere. Naturalized citizens
(immigrants that have passed the
citizenship test or have been
admitted from overseas) pay taxes,
serve in the military and obey
laws. They should be able to
govern from the same offices.
Opponents say that a foreign-born
President’s loyalty could be
questioned. That is something for
voters to decide.
A President’s commitment to the
U.S. cannot be in doubt.
Americans born elsewhere often
feel loyal to their native land.
Even if a President felt no foreign
loyalty, people would suspect that
eh or she did. Being native-born
does not guarantee that a
President will always do what’s
best for the country, but it has
worked well so far. Leave the
Constitution alone.
YOU DECIDE..
THE BEST & THE WORST PRESIDENTS
THE BEST:
10. John Adam – It’s tough being second. Adams sacrificed his career, and the life of his political party, to keep
the country out of war.
9. James K. Polk – Hey, this guy did everything he promised to do, and then had the good sense get out.
8. Harry Truman – Coming after FDR was a very tough act to follow, and he more than held his own.
7. Woodrow Wilson – Cranky, stubborn, and idealistic, he followed his own advice: “The president is at liberty …
to be as big a man as he can.”
6. Andrew Jackson – Like Teddy Roosevelt, he suppressed a personal impulse for excess to accomplish much in
a tumultuous time.
5. Theodore Roosevelt – At times both tireless and tiresome, he got things done.
4. Thomas Jefferson – A man of boundless talent.
3. George Washington – Being first is never easy, and he set a great example.
2. Franklin D. Roosevelt – He faced two major crises, the Great Depression and World War II, and handled
both of them.
AND…. The winner is:
1. Abraham Lincoln – He saved the country. Period.
THE WORST:
10. Jimmy Carter – One of the country’s best ex-presidents.
9. Franklin Pierce – Unwittingly did his best to make it harder to find a peaceful solution to the issue of slavery
by repeatedly making bad decisions.
8. Calvin Coolidge – He would have made a great eighteenth century French king: He hated changes in the status
quo and liked wearing silly hats.
7. Milliard Fillmore – Only became president because Taylor died. So unimpressive his own party refused to
nominate him at the next election.
6. Zachary Taylor – Never voted, had no vision or agenda. Biggest accomplishment may have been dying 16
months after taking office.
5. Ulysses S. Grant – A great general and a terrible president.
4. Warren G. Harding – A nice guy and a terrible president.
3. James Buchanan – Totally unqualified for the job and proved it.
2. Richard Nixon – He disgraced the office, and would be number one on the list except that he actually had
some far-sighted environmental and foreign policies.
AND…. The loser is:
1. William Henry Harrison – During his inaugural address, Harrison promised to let Congress direct the
government. Then he died a month after taking office. You can’t do much less.
THE KENNEDY & LINCOLN COINCIDENCES
How much of the assassinations of Abraham Lincoln and John F. Kennedy were coincidence?
Read the following list to learn about some amazing similarities.
Both Lincoln and Kennedy were concerned with civil rights.
Lincoln was elected in 1860; Kennedy was elected in 1960 …. Exactly 100 years apart!
Both were slain on a Friday, and in the presence of their wives.
Both were shot from behind and in the head.
Their successors, both named Johnson, were Southern Democrats and both were in the Senate.
Andrew Johnson was born in 1808; Lyndon Johnson was born in 1908.
John Wilkes Booth was born in 1839; Lee Harvey Oswald was born in 1939.
Booth and Oswald were Southerners who favored unpopular ideas.
Both presidents’ wives lost children through death while in the White House.
Lincoln’s secretary, whose name was Kennedy, advised him not to go to the theater.
Kennedy’s secretary, whose name was Lincoln, advised him not to go the Dallas.
John Wilkes Booth shot Lincoln in a theater and ran to a warehouse.
Lee Harvey Oswald shot Kennedy from a warehouse and ran to a theater.
The names Lincoln and Kennedy each contain seven letters.
The names Andrew Johnson and Lyndon Johnson each contain 13 letters.
The names John Wilkes Booth and Lee Harvey Oswald each contain 15 letters.
Both assassins were killed before being brought to trial.
Both Johnsons were opposed for reelection by men whose names started with “G”.
THE PRESIDENT’S CABINET
• The Cabinet is part of the executive branch of the Federal government.
• It consists of secretaries in charge of carrying out and enforcing the laws of the nation.
• A large number of people work under each secretary to help carry out and enforce the laws.
All the secretaries and their staff are collectively called the Federal Bureaucracy.
• The President appoints all the secretaries of the Cabinet with the consent of the Senate.
CABINET
Head of and supervises all branches of
the armed forces
•
•
•
Chief legal officer; Heads the FBI
Services to farmers
Handles affairs of workers
•
•
•
•
•
•
Administers funds for housing
•
Handles financial business of the
nation, collects, keeps and disperses
money
•
•
•
Care of our nation’s schools
•
•
STATE
DEFENSE
HOMELAND
SECURITY
JUSTICE
INTERIOR
AGRICULTURE
COMMERCE
LABOR
HEALTH &HUMAN
SERVICES
HOUSING & URBAN
DEVELOPMENT
TRANSPORTATION
TREASURY
ENERGY
EDUCATION
VETERAN’S AFFAIRS
•
•
In charge of foreign affairs
•
Protects the American homeland and
the safety of American citizens
•
•
•
•
•
•
Controls Indian affairs, administers
territories, in charge of natural
resources
Helps regulate trade, census bureau
In charge of Social Security, welfare,
and health services
•
•
•
•
•
•
Develops transportation policy, safety
Conserving and controlling our energy
supplies.
Concerned with veterans’ benefits
THE JUDICIAL BRANCH
Directions: Read Pages 92-94 in We the People, and fill in the blanks. In the left had column, write a question
that will be able to be answered by the paragraph on the right.
Judicial review is the power of the Supreme Court and the other Federal
Courts to decide whether _____________ or
_________________________ of the government are allowed under
the Constitution. Laws or actions can be declared _______________
and ______________ by the Supreme Court and therefore, not allowed
to continue to exist.
Article VI of the Constitution makes the Constitution and Federal laws,
the “________________ __________ of the Land” because all other
laws are judged and interpreted based on the Constitution.
The case of Marbury v. Madison first established the right of
__________________ ________________ over the other two branches
of government. It was decided that the ___________________ cannot
change the Constitution by passing laws. Justice John Marshall argued
that without judicial review, there was no way to ________________ the
Constitution and therefore, Constitutional government would cease to
exist.
In order to make decisions, the Federal courts study the
____________________ of the words. The courts try to make
decisions based on the ideas that the original
______________________ wished. Basic values and principles should
be the most important considerations. The two most important being,
the “________________ _________________” and to “protect the
rights of the people.” The Justices of the Supreme Court also take into
consideration previous ________________________ of the Court.
Justices are also aware of current political, social, and
_________________ situations and of course, include their own
personal _______________________.
NEW JERSEY v. T.L.O. (1985)
In 1980, T.L.O., a 14 year old freshman at a New Jersey high school, was caught smoking in the
bathroom. T.L.O. told the vice principal she had not been smoking and
claimed she did not smoke at all. The vice principle then searched her purse.
He found not only cigarettes, but rolling papers, a small amount of marijuana,
a pipe, a large amount of cash, and a list of student names and amounts of
money owed to T.L.O. The school gave this evidence to the juvenile court,
which processed T.L.O. for drug dealing.
T.L.O.’s lawyers argued that the vice principal had violated the Fourth Amendment, which
protects citizens against unreasonable search and seizure. They said that the evidence should be
thrown out because it was obtained illegally. The juvenile court refused to throw out the
evidence. The court ruled that school officials could search students if they had reasonable
suspicion that a student was doing something illegal or against school rules. They stated that the
vice principal’s suspicion that T.L.O. had been smoking justified his decision to open her purse.
Once the purse was open and he discovered rolling papers, his reasonable suspicion that she was
carrying marijuana justified a further search. The court convicted T.L.O. of drug dealing.
T.L.O. appealed the juvenile court’s decision to the New Jersey Supreme Court. This court
disagreed that the vice principal had reasonable grounds to search T.L.O.’s purse. According to
the court, the crime T.L.O. was accused of –smoking – was not related to what was in her purse.
Smoking on campus violated school rules, but possession of cigarettes was not against the rules.
The court stated that the vice principal’s belief that T.L.O. was lying was not enough to justify the
search of her purse. Finally, even if he had been justified in opening the purse, the evidence he
saw of drug use did not justify the extensive search of her things. The New Jersey court
overturned the juvenile court ruling. This case came before the U.S. Supreme Court, which
considered these issues.
1. Does the Fourth Amendment protect students from searches by school officials?
2. Under what circumstances, if any, can school officials search students or their belongings?
Q. Was the search of T.L.O.’s purse illegal?
Your Decision:
Explanation of your group’s majority opinion:
Explanation of your group’s minority opinion:
Actual Supreme Court Ruling:
(You may use a separate sheet of paper if you need more space)
ENGEL v. VITALE
“Almighty God, we acknowledge our dependence on thee, and we beg Thy
blessings upon us, our parents, our teachers and our country.” Beginning in 1958,
students in a suburban New York school district recited that simple prayer each
day in class.
Although the prayer had been recommended by the New York State Board of
Regents, one parent objected. The parent was Lawrence Roth. Roth, a selfproclaimed atheist, was offended when a teacher placed a statue of Chris in her classroom. “If
the state could tell us what to pray and when to pray and how to pray, there would be no
stopping,” Roth protested. Together with Stephen Engel, three other parents, and the American
Civil Liberties Union, Roth sued the school board president, William Vitale, Jr.
Several lower courts ruled against the plaintiffs. The Constitution’s First Amendment bans
government “establishment of religion.” But, as one New York appeals judge argued, the
Framers only meant to bar the government from favoring one religious sect over another. The
Bill of Rights, he ruled, does not outlaw nonsectarian prayers in public school.
In 1962, the case reached the U.S. Supreme Court. Confronting the issue of separation of
church and state, some of the Justices were amused when the hearing began with the usual call to
order: God save the United States and this honorable Court. “We haven’t decided whether that’s
constitutional or not, have we?” asked Justice William O. Douglas.
The lawyer for Vitale pointed out that the Declaration of Independence and 49 state constitutions
also affirm faith in the Supreme Being. The School Board, he said, was simply following that
tradition. It was not trying to impose religion on students. Besides, he said, the school prayer was
voluntary.
Roth’s lawyer disagreed. He argued that many young children might feel intimidated by their
friends or their teacher into praying with the class.
Does school-sponsored prayer represent an unconstitutional “establishment of religion?” Why
or why not?
GIDEON v. WAINWRIGHT
In 1961, Clarence Gideon was arrested and charged with breaking and entering a Florida pool
hall. Too poor to hire a lawyer, he asked the court to appoint one.
“In all criminal prosecution,” the Sixth Amendment says, “accused shall enjoy the right…to have
assistance of counsel for his defense.” But Florida did not provide a lawyer for Gideon (or for
most other criminal defendants). Gideon was forced to be his own lawyer. He was found guilty
and sentenced to five years in prison.
From prison, Gideon appealed his conviction all the way to the Supreme Court, Abe Fortas, a
future Supreme Court Justice presented his case.
If a person charged with a serious crime can’t afford a lawyer, must the state provide one? Why
or why not?
DEMOCRATS vs. REPUBLICANS
The Democratic and Republican parties are the two largest parties in the United States. A
political party is a group of people that share the same ideas on how the government is to be run.
One of the major differences between the two parties is that, for the most part, Democrats favor
the government taking a greater role in society and Republicans believe that Americans should be
more responsible for themselves. Democrats tend to believe that corporations should have few
limitations. The party that holds the majority in Congress has an advantage in making laws that
represent their philosophies. Political parties are also important when Supreme Court Justices
are appointed because their different opinions can affect the country.
Directions: Below is an example of some of the issues that Democrats and Republicans
disagree on. Read each scenario and decide who would be in favor of it, a Democrat or a
Republican.
1. The government was considering making new fuel standards for pickup trucks in the country.
The new rules would make trucks more efficient, which means they would use less fuel and
therefore, less oil.
Democrat
Republican
2. In 2004, some members of Congress wanted to raise the minimum wage for employment from
$5.15 to $6.15 an hour in the United States.
Democrat
Republican
3. The government wanted a bill that would allow police to acquire customer records from
libraries and bookstores that could be used against someone in court.
Democrat
Republican
4. Global warming is an issue that is constantly in the news. A new gas emission bill could be
passed to make vehicles less of a pollutant, which would help conserve the environment.
Democrat
Republican
5. Prescription drugs that many people need to stay healthy are very costly. If some of these
drugs are imported from other countries, it could save U.S. consumers money, but the imports
could hurt the large U.S. drug companies’ profits.
Democrats
Republican
6. Assault weapons have been banned in the U.S. for over 10 years, however the bill will
eventually expire. Extending this would make it so citizens still would not be able to own assault
weapons legally in the U.S.
Democrat
Republican
7. When people are out of work, they can receive unemployment benefits from the government
for 13 weeks, which is some money to help with living costs. Members of Congress debated on
whether unemployment benefits could be extended 26 weeks, which is more money to the
people but more costs to the government.
Democrat
Republican
CONSTITUTION QUIZ STUDY GUIDE
1. What causes a state of nature, and what happens in one?
2. What were the five problems with the Articles of Confederation?
3. What type of government do we have in the United States?
4. In a Republican government…
Where did the ideas originate from?
What is civic virtue?
5. In a Constitutional government…
What is separation of powers and balance of power?
What does REM JEL stand for?
What is the definition of a true constitutional government?
6. In federalism…
Who has more power, the state or federal governments?
What can only the federal governments do?
What can only the state governments do?
What can they both do?
What were some of Alexander Hamilton’s ideas?
7. In a Democracy, what does a government for the people and by the people mean?
8. Who are our leaders?
President
Vice-President
Governor