Unit Two: Constitutional Governments

1. Unit Two: Constitutional Governments The Articles of Confederation, the Constitution, and Limited Government.

2. Why do governments change? • Because the people grow discontent and seek to “alter or abolish” them. • Tyranny • Civil War • Taxation – “The power to tax is the power to destroy.” • Religious hardliners. • Chaos in society – disease, economic collapse, or invasion.

3. Which basic principles characterize constitutional governments? • consent of the governed – the people grant their permission for the government to rule. • limited government – there are clearly defined limits to how the government can influence people. • rule of law – all members of society, including the government’s leaders, are subject to the law. • Democracy – elections and voting are used to determine government leaders and policy. • representative government – elections are held to select representatives in Congress or for the Presidency.

4. Why didn’t the Articles of Confederation work? • First of all, they did work! We won the Revolutionary War, signed the Treaty of Paris, and settled western land disputes with the Northwest Ordinance during the Articles of Confederation years. However, … • No power to tax or retire the public debt to Spain, France, and Holland after the war. • A weak central government, more power was given to the states… like Rhode Island, which single handedly prevented a tax, or excise, or imports.

5. Why didn’t the Articles of Confederation work? • Gave Congress no power to tax or regulate commerce among the states • Provided no common currency – that is, every state created its own money, leading to confusion. • Gave each state one vote regardless of size, even gimpy states like Rhode Island and Delaware. • Provided for no executive or judicial branch. • Overall, the government under the Articles of Confederation was too weak.

6. Why is the Constitution of the United States called a “living document?” • The United States Constitution is considered a “living document” because it can be amended – and has been, twenty-seven (27) times. It is also possible for the Supreme Court to interpret the Constitution differently over time. For example, “We the People” today is interpreted very differently than it might have been in the 1850s, when women were considered second class citizens, and African-American men were often considered property.

7. How does the Constitution of the United States define and limit gov’t powers? • It establishes the structure of the United States government. The Executive Branch, the Legislative Branch, and the Judicial Branch are each given specific roles in the government and specific checks and balances over the other branches. • It guarantees equality under the law with majority rule and the rights of the minority protected. • It protects the fundamental freedoms of religion, speech, press, assembly, and petition. • The Bill of Rights is essential to these protections.

8. How is the Constitution of the United States organized? • The Constitution of the United States of America is the supreme law of the land. • The Preamble to the Constitution of the United States of America expresses the reasons the constitution was written. • Goals of the U.S. government (Preamble to the Constitution) to form a union to establish justice to ensure domestic peace to provide defense • The Preamble to the Constitution of the United States of America begins, “We the people,” which establishes that the power of government comes from the people.

9. How is the Constitution of the United States organized? • The Constitution of the United States of America establishes a federal form of government in which the national government is supreme. • The powers of the national government are either enumerated/expressed or implied in the Constitution of the United States of America. • The powers not given to the national government by the Constitution of the United States of America are reserved for the states. • The Constitution of the United States of America denies powers to both the national and state governments.

10. How is the Constitution of the United States organized? • Separating powers among the legislative, executive, and judicial branches helps prevent any one branch from abusing its power. • A system of checks and balances gives each of the three branches of government a way to limit the power of the other branches.

11. The Legislative Branch • The Legislative branch makes laws for nation. • The Congress approves the nation’s annual budget. • The Congress also approves presidential appointments to courts, ambassadorships, or offices in the executive branch. Legislative powers overthe executive branch: - overrides vetoes - impeaches a President Legislative powers over the judicial branch: - approves federal judges - impeaches federal judges

12. The Executive Branch • The Executive branch executes, or enforces, the law of the land. • The Executive branch prepares annual budget for congressional action – which can be accepted or denied. • The President appoints cabinet officers, ambassadors, and federal judges. • The President administers federal bureaucracy. Executive powers over the Legislative Branch: - vetoes acts of Congress - calls Congress into special session Executive Powers over the Judicial Branch: - appoints federal judges

13. The Judicial Branch • The Judicial Branch interprets the law, and hears cases involving transgressions against the law. • The Supreme Court has power of judicial review, allowing them to determine the constitutionality of the law itself. In other words, is the law legal? And, Court Justices serve for life or good behavior! • Federal courts try cases involving federal law and U.S. Constitutional questions. They were created by the Judiciary Act. Judicial powers overthe legislative branch: -The Court can declare laws unconstitutional Judicial powers over the executive branch: - The Court can declare executive acts unconstitutional

14. How does the First Amendment protect fundamental rights? • The First Amendment states, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

15. First Amendment Protections • Establishes the principle of religious toleration and forbids the creation of a national religion. • Freedom of speech is established – Congress cannot jail or punish you for speaking in public, unless your words are used to incite riots or create a dangerous circumstance. For example, shouting “Fire!” in a crowded theater, where no fire exists. • Freedom of the Press. Not only are newspaper reporters allowed to criticize their government and leaders, but also, they don’t have to reveal the sources of their information!

16. First Amendment Protections • The right to peaceably assemble is guaranteed. American citizens can join together, meet, and make plans without fear of intimidation from the government. • The right to petition the government for redress of grievances. If you are upset with the government for a choice or decision it has made, you can petition the government to make changes without fear of reprisals.

17. The Preamble to the 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, 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.

18. Who are “We the People?” Who are the actual authors of the Constitution? Why did they choose to begin the document with these words? It was simply to suggest “the consent of the people.” After all the Founding Fathers, as much as we admire them, were almost exclusively rich, well-educated white men. They were not like all other Americans…

19. List at least six (6) reasons why the Constitution was written, according to the Preamble. • “in order to form a more perfect Union,” – that is, to improve the nation from it’s current situation. • “establish justice” – in other words, give everyone equal opportunity to ‘life, liberty, and the pursuit of happiness.’ • “insure domestic tranquility” – or, make life in America peaceful and ease tensions. • “provide for the common defense” – meaning, establish an effective and efficient military, without jeopardizing our liberty. The Founding Fathers had a serious concern about what they called a “standing army,” and viewed it as a threat to liberty.

20. List at least six (6) reasons why the Constitution was written, according to the Preamble. • “to promote the general Welfare” - this would mean just the “common good” in the language of the Founding Fathers. The notion of welfare as temporary government assistance for those in need was not established then; usually churches or local community members help their own. • “to secure the blessings of liberty for ourselves and our posterity” – this means to protect our freedoms and the freedoms of our children (and their children.)

21. What does the Preamble seem to suggest about the government it hoped to replace, namely, the Articles of Confederation?