Ch 8 - Government, Citizenship, and the Constitution

Ch 8 - Government, Citizenship, and the Constitution Chapter 8

Ch 8.1 – What do the goals and principles of the Constitution mean to us today?

Most States Wrote Constitutions • Constitution—document that sets out the laws, principles, organization, and processes of a government • bill of rights—list of freedoms that the government promises to protect Reasons for a written constitution: • would spell out the rights of all citizens • would put limits on the government’s power

Preamble • The Preamble is the introduction to the Constitution • The Preamble states the purpose of the Constitution • There are 6 goals outlined in the Preamble. (What are goals?) • Goals: things the framers (writers of the Constitution) hoped to achieve. • Can anyone recite the Preamble?

“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”

To form a more perfect Union • What does this mean? • To stop thinking of themselves as separate states but as one nation

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

Insure Domestic Tranquility • What does this mean? • Peace and Order at home (within the country) • Helping out in times of national need to keep peace and order

Provide for the Common Defense • What does this mean? • Protect citizens from foreign attack • Create an Army and Navy

Promote the General Welfare • What does this mean? • Promote the well-being of all citizens

Secure the Blessings of Liberty • What does this mean? • Protected freedoms • To hold on to what the Patriots and our Founding Fathers fought so hard to achieve

Ourselves and our Posterity • Posterity: all future generations

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

Popular Sovereignty • The people hold the power in the government • “We the People…” • popular = • People • sovereignty = • ruling

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

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 to ensure they are Constitutional

Checks and Balances • Each branch has some power over the others

Federalism • Power is divided (or shared) between the federal (national) and the state governments Federal/National • Coin money • make treaties • declare war State • Set up public education • marriage licenses • certificates for lawyers, doctors and teachers Shared Power • Taxes

Republicanism • Citizens elect representatives to make decisions for the nation • Voting

Individual Rights • The Constitution protects the rights of individuals • Examples: freedom of speech and religion

8.1 Exit Ticket – write whole Q and A Chapter 8, Section 1 6. One goal of the Constitution is to protect domestic tranquillity, which means a) freedom. b) well-being of all citizens. c) peace and order at home. d) nonmilitary control. 7. Under a system of checks and balances, a) each branch of government can check the actions of the other two. b) power is divided among three branches of government. c) power is divided between the federal government and the states. d) the national government has only the powers the Constitution gives it.

Ch 8.2 – How does the Constitution help our government do its jobs?

Articles The main body of the Constitution is divided into seven sections, called articles. Article I: Legislative Article II: Executive Article III: Judicial Article IV: Relations among the states and between states and federal govt Article V: Amendments Article VI: National Supremacy Article VII: Ratification

Article ILegislative Branch • This article sets 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

House of Representatives # of Representatives based on population of each state. 435 today Senate 2 Senators per state; equal 100 today Congress Divided into 2 houses (bicameral) Congress meets in the Capitol Building in Washington, DC

Introduce bills Make and approve laws Collect taxes, borrow $ Regulate trade Declare war How it checks up on the… Executive Branch: Congress can - Override executive veto of a law Approve presidential choices for Executive office positions (ex: Cabinet members) Judicial Branch: Congress can - Approve executive choices for Supreme Court justices Powers of Congress

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 out (execute) the laws. • The Presidential Cabinet are the “inner circle” of people who are also part of the Executive Branch and help the president execute the law. • Examples: • Department of State • Department of Homeland Security • Department of Defense • Department of Education • Department of Transportation

Former President Barack Obama Former Vice-President Joe Biden President Obama’s Cabinet -Elected every 4 years-Can serve 2 terms

Propose laws Approve/sign bills into law, or veto Foreign treaties Appoint judges and other high officials Commander in Chief of armed forces How it checks up on the Legislative Branch: The President can - veto a bill passed by Congress Judicial Branch: The President can - Appoint judges to the Supreme Court Grant pardons to, or excuse, federal offenders Powers of Executive

Article IIIJudicial Branch • Article III sets up the Supreme Court • The main goal of the Judicial Branch is to interpret, or make sense of the laws, or • Decide what the Constitution means • The Supreme Court is currently made up of • 1 chief Justice and • 8 associate justices • The justices are picked by the President and approved by the Senate

Sonia Sotomayor Samuel Alito Stephen Breyer Ruth Bader Ginsburg Anthony Kennedy Antonin Scalia Clarence Thomas John Paul Stevens Chief Justice John Roberts

Judge and decide if laws are unconstitutional Judge and decide if an executive action is unconstitutional How it checks up on the Legislative Branch: The Supreme Court can - Same as Power #1 Executive Branch: The Supreme Court can - Same as Power #2 Powers of Judicial

8.2 Exit Ticket – write whole Q and A 25. Which of these is an example of the system of checks and balances? A. Congress can regulate industry. B. Governors can pardon federal prisoners. C. The president can veto bills passed by Congress. D. The Supreme Court can impeach members of Congress. 26. Which principle of the US Constitution provides that each branch has its own legal duties/powers? • Limited government • Federalism • Popular Sovereignty • Separation of Powers

Ch 8.3 – How can the Constitution be changed? Ratified by the legislatures of three-fourths of the states Proposed by Congress with a two-thirds vote in both houses ???

Article V – Amending the Constitution Proposal Ratification Proposal by 2/3rds vote of both houses of Congress Passage by 3/4ths of state legislatures Used successfully 26 times Used once – 21st Amendment Proposal by 2/3rdsvote of national convention called by Congress on request of 2/3rds of state legislatures Passage by 3/4ths of special state conventions The Constitution can be amended or changed in one of 2 ways

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.” • MEANING, when state and federal law conflict the federal law is supreme

Article VII – Ratification of the Constitution • 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

Bill of Rights The first 10 amendments added to the Constitution. • Congress drafted a series of amendments in 1789 and sent them to the states for approval. • James Madison wrote 12 amendments that were approved by Congress; 10 were approved by the states • The purpose of the Bill of Rights was to protect individual liberties

Freedom of Religion, Speech, Press, Assembly, and Petition. 1st Amendment There are limits: • Harmful/Hate speech • Cannot print what is not true • Harmful practices of religion • Riots

2nd Amendment Right to Bear Arms 3rd Amendment Protection from lodging soldiers in Private Homes

Protects you from illegal Searches and Seizures of property 4th Amendment 5th Amendment • (Rights of the Accused) • Due Process of Law • - Grand Jury • - “Double Jeopardy” • - Self-Incrimination • - Just Compensation

Right to a speedy trial in criminal cases 7th Amendment 6th Amendment Right to a jury trial in civil court cases (non-criminal; related to money or property) 8th Amendment Protects accused persons against excessive • imprisonment • bail • punishment

Powers Reserved to “the People” • You have more rights than those listed in the Bill of Rights • Example: Right to privacy 9th Amendment 10th Amendment Powers Reserved to “the States” • Any powers not assigned to the U.S. gov’t by the Constitution, nor prohibited by it to the states, are reserved to the states. • Example: Education

Amendments After the BoR • Since the Bill of Rights the Constitution has been amended only 17 times. • Many of the later amendments reflect the changing attitudes about equality and the expansion of democracy. • The 13th, 14th and 15th Amendments are known as the Civil War Amendments.

14th Amendment (1868) Rights of citizens • all persons born or naturalized are citizens • no state shall deny citizens their rights 13th Amendment (1865) Abolition of slavery 15th Amendment (1870) • voting rights • you cannot deny someone the right to vote based on race

19th Amendment (1920) women’s suffrage (right to vote) you cannot deny someone’s right to vote based on gender 26th Amendment (1971) Voting age dropped from 21 to age 18

8.3 Exit Ticket – write whole Q and A 47. Which of the following best summarizes the Bill of Rights? A. The Bill of Rights defines unalienable rights. B. The Bill of Rights guarantees certain rights and offers protection against government abuses. C. The Bill of Rights merely explains the other parts of the Constitution. D. The Bill of Rights focuses on the rights of the accused. 48. What does the Bill of Rights guarantee before a person may be deprived his or her unalienable rights? • Freedom of speech • Trial by jury • Search and seizure • Due process

Ch 8 - Government, Citizenship, and the Constitution