Government, Citizenship, and the Constitution

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Government, Citizenship, and the Constitution

• Chapter 8

Chapter 8
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Principles

• The Constitution rests on seven basic principles
• Popular Sovereignty
• Limited Government
• Separation of Powers
• Checks and Balances
• Federalism
• Republicanism
• Individual Rights

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Popular Sovereignty

• Authority for the government flows from the people

Location in the Constitution Preamble We the
People
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Republicanism

• Citizens elect representatives to carry out their
  will
• Voting

Location in the Constitution Preamble and Article
I
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Limited Government

• The government has only the powers the
  Constitution gives it
• Government officials are not above the law

Location in the Constitution Articles I, II, III
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Separation of Powers

• Government power is divided between three
  branches so that no one branch becomes too
  powerful
• Legislative - Congress
• Makes the laws
• Executive - President
• Carries out the laws
• Judicial Supreme Court
• Interprets the laws

Location in the Constitution Article I, II, III
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Checks and Balances

• Each of the three branches exercises some control
  over the others, sharing power among them.

Location in the Constitution Articles I, II, III
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Federalism

• Power is divided (or shared) between the federal
  and the state governments

• State
• Set up public education
• issue licenses (marriage/driver, hunting)
• certificates for lawyers, doctors and teacher
• conduct elections

• Federal/National
• Coin money
• make treaties
• declare war
• regulate trade

• Shared Power
• Taxes
• setting up courts
• building highways

Location in the Constitution 10th Amendment
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Individual Rights

• The Constitution protects the rights of
  individuals
• Protect your unalienable rights

Location in the Constitution Preamble and Bill of
Rights
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Preamble

• It is the introduction to the Constitution

• It states the purpose of the Constitution

• There are 6 goals outlined in the Preamble

• Goals things the framers hoped to achieve

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• 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, promote the general welfare, and
  secure the blessing of liberty to ourselves and
  our posterity, do ordain and establish this
  Constitution for the United States of America

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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,
promote the general welfare,
and
secure the blessings of liberty to
ourselves and our posterity,
do ordain
and establish this Constitution for the United
States of America
13
To form a more perfect Union

• What does this mean?
• To stop thinking of themselves as separate states
  but as one nation

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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,
promote the general welfare,
and
secure the blessings of liberty to
ourselves and our posterity,
do ordain
and establish this Constitution for the United
States of America
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Establish Justice

• What does this mean?
• Provide a uniformed system to settle disputes.
• Provide equal protection to all citizens

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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,
promote the general welfare,
and
secure the blessings of liberty to
ourselves and our posterity,
do ordain
and establish this Constitution for the United
States of America
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Insure Domestic Tranquility

• What does this mean?
• Peace and Order at home
• Helping out in times of national need to keep
  peace and order

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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,
promote the general welfare,
and
secure the blessings of liberty to
ourselves and our posterity,
do ordain
and establish this Constitution for the United
States of America
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Provide for the Common Defense

• What does this mean?
• Protect citizens from foreign
• attack
• army and navy

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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,
promote the general welfare,
and
secure the blessings of liberty to
ourselves and our posterity,
do ordain
and establish this Constitution for the United
States of America
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Promote the General Welfare

• What does this mean?
• Provide for the well being of all citizens
• A law/tax must be in the best interest of
  everyone

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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,
promote the general welfare,
and
secure the blessings of liberty
to
ourselves and our posterity,
do ordain
and establish this Constitution for the United
States of America
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Secure the Blessings of Liberty

• What does this mean?
• Freedom
• Proved freedom to all citizens

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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,
promote the general welfare,
and
secure the blessings of liberty to
ourselves and our posterity,
do ordain
and establish this Constitution for the United
States of America
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Ourselves and our Posterity

• Posterity all future generations

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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,
promote the general welfare,
and
secure the blessings of liberty to
ourselves and our posterity,
do ordain
and establish this Constitution for the United
States of America
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Articles

• The main body of the Constitution, divided into
  seven sections, which establishes the framework
  for the United States government

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Articles

• Article I Legislative
• Article II Executive
• Article III Judicial
• Article IV Relations among the states and
  Relations among states and federal government
• Article V Amendment
• Article VI National Supremacy
• Article VII Ratification

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Article ILegislative Branch

• This article set up the Congress
• The main goal of the Legislative Branch is to
  make the laws
• It describes the powers and limits on the
  Legislative Branch
• Congress is divided into 2 houses (bicameral)
• House of Representatives
• Senate

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The Capitol Building
This is where the representatives to the House of
Representatives and senators of the Senate
meet. There are 535 members in the U.S. Congress
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House of Representatives Article I section 2

• There are 435 members of the House of
  Representatives
• The number of representatives per state is based
  on the population of the state

Each state is guaranteed at least one
representative.

• Each representative serves for two years
• Qualifications
• Must be at least 25 years old
• Must have been a U.S. citizen for at least 7
  years
• Must be a resident of the state in which they are
  running

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SenateArticle I Section 3

• There are 100 members of the senate
• The number of senators is equal per state each
  state has 2 senators

Kay Bailey Hutchison
John Cornyn

• They serve 6 year terms
• Qualifications
• Must be at least 30 years old
• Must have been a citizen for 9 years
• Must be a resident of the state in which they are
  running

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Powers of CongressArticle 1 Section 8

• Power to tax
• (clause 1)

• Power to borrow money
• (clause 2)

4. Coin money, set weights measure (clause 5)

• Declare war
• (clause 11)

President Wilson asking Congress to declare war
on Germany
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• 5. Responsible for the army and navy
• (clause 12 16)
• Appropriate money to set aside an amount of
  money for a particular use

6. Counterfeiting Piracy (clause 6 and 10)
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• 7. Naturalization
• (clause 4)

8. Regulate Post Office (clause 7)
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• 9. Control Commerce
• (clause 3)

Commerce an interchange of goods or
commodities, esp. on a large scale between
different countries
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• 10. Approve Presidential Appointments
• Ratify Presidential Treaties (Article II
  Section 2)

President George W. announces his nomination for
Attorney General, Michael Mukasey.
The Senate questions Mukasey
Mukasey is confirmed and sworn in as Attorney
General
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11. Override Presidential vetoes (Article I
Section 7) 2/3 vote in House (290) 2/3 vote in
Senate (67)
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• 12. Bring Impeachment charges against the
  President and Judges (Article 1 Section 3)

Impeachment trail of William Clinton 1998
Impeachment trial of Andrew Johnson 1868
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13. Set up Federal Courts (Article III Section 1)
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Checks and Balances

• Which of the Powers of Congress are checks on the
  other two branches?

Bring impeachment charges against President and
Judges
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Checks and Balances

• Which of the Powers of Congress are checks on the
  other two branches?

Approving Presidential appointments
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Checks and Balances

• Which of the Powers of Congress are checks on the
  other two branches?

Overriding Presidential vetoes
2/3 vote in House (290) 2/3 vote in Senate (67)
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The Elastic Clause(Necessary and Proper Clause)

• Article I, Section 8, Clause 18
• The Congress shall have power . . . To make all
  laws which shall be necessary and proper for
  carrying into execution the foregoing powers, and
  all other powers vested by this the government of
  the United States, or in any department or
  officer thereof.

• Congress can pass any law that helps them to
  carry out their enumerated powers.
• This clause enables Congress to stretch its
  powers to deal with the changing needs of the
  nation.

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The Elastic Clause(Necessary and Proper
Clause)Article I, Section 8, Clause 18

• Examples

• Congress had the power to coin money and tax
• Created The United States National Bank

• Congress has the power to control interstate
  activity
• Federal Kidnapping Act

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Article IIExecutive Branch

• This article explains the powers of the President
  and the Vice President.
• The main goal of the Executive Branch is to carry
  (execute) the laws.
• The Presidential Cabinet is also part of the
  Executive Branch.
• Examples
• Department of Justice
• Department of Agriculture
• Department of Defense

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The White House
President's Cabinet
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• Article II section 1
• serve 4 years
• 22nd Amendment limited Presidents to 2 terms
• Qualifications
• (Clause 5)
• Must be at least 35 years old
• Must be a natural born citizen
• Must have been a resident of the United States
  for 14 years

• Elected by the Electoral College
• (Clause 2)
• Electors are selected by the choice of the
  Legislature of each state
• Number of Electors is equal to number of
  representatives plus senators of that state.
• The candidate who wins the popular vote in a
  state wins those electoral college votes.
• Maine and Nebraska split their votes when
  necessary

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Powers of the Executive BranchArticle II Section
2

• Commander-in-Chief of the armed forces
• (Clause 1)

President Bush, Russian President Putin Sign
Nuclear Arms Treaty

• Make treaties
• (clause 2)

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3. Grant Pardons and reprieves (clause 1)
President Ford pardoned former President Nixon
4. Make appointments to Judicial Branch (
clause 2)
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• 5. Veto bills passed by Congress
• (Article 1 Section 7)

Obama 2 vetoes
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6. Give the State of the Union (Article II
Section 3) 7. Call special sessions of
Congress (Article II Section 3)
8. Propose laws ( not listed in the Constitution)
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Checks and Balances
Which of the Powers of the Executive are checks
on the other two branches?
Veto bills
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Checks and Balances
Which of the Powers of the Executive are checks
on the other two branches?
Make appointments
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Checks and Balances
Which of the Powers of the Executive are checks
on the other two branches?
Grant Pardons and reprieves
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Article IIIJudicial Branch

• Article III sets up the Supreme Court
• All other courts are set up by Congress
• The main goal of the Judicial Branch is to
  interpret the laws
• The Supreme Court is made up of one chief Justice
  and eight associate Justices
• The justices are appointed by the President and
  approved by the Senate

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• Qualifications
• Article III Section 1
• There are no age or education requirements for
  Supreme Court Justices

• Justices serve life terms in good behavior

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Stephen Breyer
Samuel Alito
Sonia Sotomayor
Ruth Bader Ginsburg
Chief Justice John Roberts
Clarence Thomas
Elena Kagan
Antonin Scalia
Anthony Kennedy
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Sonia Sotomayor 1st Hispanic Supreme Court Justice
Thurgood Marshall 1st African American Supreme
Court Justice
Sandra Day OConner 1st Female Supreme Court
Justice
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Powers of the Supreme Court

• 1. Hears appeals from lower courts
• Article III Section 2 clause 2

The Supreme Court can decide which cases to
hear. They only hears cases dealing with
Constitutional issues.

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• 2. Original jurisdiction in special cases
• Article III Section 2 clause 2

The Supreme Court hears a case first if -
Ambassadors or other public Ministers and
Counsuls - when a State is a party
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• 3. Declare laws unconstitutional This is
  called Judicial Review
• Not in the Constitution established in the case
  Marbury v Madison

William Marbury
Chief Justice John Marshall
2. Can declare executive acts unconstitutional
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4. Court of Last Resort - Supreme Courts
decisions are final
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Checks and Balances
Which of the Powers of the Judicial are checks on
the other two branches?
Declaring laws unconstitutional
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Checks and Balances
Which of the Powers of the Judicial are checks on
the other two branches?
Declaring executive acts unconstitutional
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TreasonArticle III Section 3 Clause 1

• You have committed treason if you
• - levy war against the US
• - aid enemies in war against the US
• You cannot be convicted of Treason unless there
  are two witnesses to the same act or you confess
  in court

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Article IVRelations Among the StatesRelations
between the States and Federal Government

• Section 1 Full Faith and Credit
• Explains that the states must respect the laws
  of all other states

• Section 2 Obligations of states
• privileges and immunities
• extradition of fugitives

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Article IVRelations Among the StatesRelations
between the States and Federal Government

• Section 3 How new states will be added and how
  to deal with territories of the US
• Organize a territory
• Have a constitutional convention and write a
  constitution
• Petition Congress

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• Section 4 Obligations of the US
• guaranteed a republican government
• protect states from invasion and domestic
  violence

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Article VAmendments
Proposal
Ratification
Proposal by 2/3rds vote of both houses of Congress
Passage by 3/4ths of state legislatures
Used successfully 26 times
290 in the House 67 in the Senate
38 states
Used once 21st Amendment
Proposal by 2/3rds vote of national convention
called by Congress on request of 2/3rds of state
legislatures
Passage by 3/4ths of special state conventions
33 states
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Article VINational Supremacy

• The Constitution is the supreme law of the land

This Constitution, and the Laws of the United
States which shall be made in Pursuance thereof
and all Treaties made, or which shall be made,
under the authority of the United States, shall
be the supreme Law of the land and the Judges in
every State shall be bound thereby, any Thing in
the Constitution or Laws of any State to the
Contrary notwithstanding.

• When state and federal law conflict the federal
  law is supreme

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Article VIIRatification

• Explains the process for ratifying the
  Constitution
• 9 out of 13 of the original states had to ratify
  in order for the Constitution to be adopted
• The Constitution was ratified in 1788

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Bill of Rights
The first ten amendments added to the
Constitution.

• James Madison wrote 12 amendments
• Congress proposed the 12 amendments in 1789.
• In 1791 the states had ratified 10 of the
  amendments, which became the Bill of Rights

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• 1st Amendment

Freedom of Religion, Speech, Press, Assembly, and
Petition.

• There are limits
• Harmful speech
• Cannot print what is not true
• Harmful practices of religion
• Riots

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(No Transcript)
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2nd Amendment

• Right to Bear Arms
• Limits
• Types of weapons
• Must have background checks

3rd Amendment

• Lodging Troops in Private Homes
• During peace without the consent of the owner
• or in time of war with law

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• 4th Amendment

• Search and Seizure
• No unreasonable searches or seizures
• No warrants issued without probable cause

5th Amendment
Rights of the Accused - Grand Jury - Double
Jeopardy - Self-Incrimination - Due Process
of Law - Just Compensation
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• 6th Amendment

• Rights in a Criminal Case
• Right to a Speedy Trial
• Impartial jury
• Confront the witnesses against you
• Counsel (lawyer)

7th Amendment
Jury Trial in Civil Cases (common law)
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8th Amendment

• Bail and Punishment
• no excessive bail
• no cruel and unusual punishment

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• 9th Amendment

Powers Reserved to the People You have more
rights than those listed in the Bill of Rights -
Right to privacy
10th Amendment

• Powers Reserved to the States
• States have the power as long as
• it is not a power delegated to the national
  government in the Constitution
• not prohibited to the states in the
  Constitution
• - education
• - marriage, drivers, etc. license

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• Since the Bill of Rights the Constitution has
  been amended only 17 times.
• Most of these amendments reflect changes in
• Ideas of equality
• expansion of democracy

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Civil War Amendments13th, 14th 15th
13th Amendment (1865) Abolition of Slavery
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14th Amendment (1868) Rights of Citizens 1.
all persons born in the US or who are
naturalized are citizens 2. no state shall
deny citizens their rights
This meant the Bill of Rights applied to laws
passed by the states as well.
15th Amendment (1870) Voting Rights for African
Americans - you cannot deny someone the right
to vote based on race
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• 19th Amendment (1920)
• Womens Suffrage
• - you cannot deny someone the right to vote
  based on sex

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26th Amendment (1971) Voting age lowered to age 18