EATHS - U.S. I

Government, Citizenship, and the Constitution

Chapter 8:

pp. 246 - 271

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Section 1: Goals and Principles of the Constitution

Main Idea:

The goals and principles of the Constitution have guided the United States for more than 200 years.

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Preamble – OPENING STATEMENT

To Form a More Perfect Union To Establish Justice To Insure Domestic Tranquility To Provide for the Common Defense To Promote the General Welfare To Secure the Blessings of Liberty

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“perfect union” – a unified nation “justice” – fair treatment for every American “domestic tranquility” – peace at home “common defense” – military to protect from

foreign attack; civilian (nonmilitary) controlcivilian (nonmilitary) control “general welfare” – well-being of citizens “blessings of liberty” – maintain the freedom

people died for in the Revolution

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Articles and Amendments of the Constitution

I – III: The 3 Branches of Government IV: Relations between States and admitting new

States V: Amendment Process (Changes to Constitution) VI: Supreme Law of the Land – (States can’t make

laws that contradict the Constitution) VII: Procedure for Ratification by new States

AMENDMENTS: 27 formal changes since 1791

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Seven Basic Principles

1. Popular Sovereignty – people can alter/abolish their government

2. Limited Government – the government only has the powers listed in the Constitution and EVERYONE must obey the laws (including the President!)

3. Separation of Powers – Different branches have different roles:

Legislative (Congress) – makes the laws Executive (President / Cabinet) – carries out laws Judicial (Courts) – explains and interprets laws

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Seven Basic Principles (cont.)

4. Checks and Balances – protects against branches of government abusing their power. Each branch has a “check” on the other two.

5. Federalism – Federal and state government powers are mostly separate (some are shared). – See p.235

6. Republicanism – People do not directly participate; they elect representatives. Representatives listen to their constituents (people they represent) but vote with their own judgment.

7. Individual Rights – Peoples individual rights are protected (the Bill of Rights)

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Section 2: How the Federal Government Works

Main Idea:

The United States government is divided into three branches with separate roles and responsibilities.

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Branches of the United States

Federal Government

Legislative Branch

Made up of:House of Representatives

and the Senate

This branch creates laws.

Executive Branch

Made up of the President,Vice President and the

Cabinet (Advisors)

This branch sees that laws are carried out and

oversees the military.

Judicial Branch

Made up of the Supreme Court and Lower Courts(District and Appellate)

This branch interprets thelaws of the country.

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Legislative Branch (Congress)

House of Representatives 435 members (based on states’

population) Lead by the Speaker of the

House (3rd in line to be president)

Always elected by people.

Senate 100 members (2 from each

state) Lead by the Vice President

of the United States, who doesn’t participate in debate, but breaks ties.

President pro tempore (a senator who fills in for the V.P.)

Originally chosen by state legislature – 17th Amendment (1913) gave that power to the people.

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Congress drafts bills (Congress drafts bills (proposalsproposals for new for new laws)laws)

Bills can come from either side of Congress but appropriations ($$$) bills always start in the House.

Bills approved by both houses go to the President for approval or veto.

Other powers of Congress: Levy (collect) taxes, coin (make) money,

create post offices, fix weights and measures, and declare war.

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Elastic Clause: Congress can “stretch” it’s powers to “make all laws which shall be necessary and proper…” (I, 8.18)

Committees: The job of Congress is so big, they split up into committees to split up responsibilities.

Each house has separate committees on different topics:

Agriculture, Defense, Education, etc…

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Executive Branch (Office of the President)

President of the U.S. Highest elected official Carries out the laws of Carries out the laws of

the United Statesthe United States Directs Foreign Policy

and makes treaties with other nations

Commander-in-Chief of the Military

The chief ambassador of the country.

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Cabinet of the President: Advisors on the different aspects of running the nation. Secretary of… Defense, Treasury, Education, Interior,

Homeland Security among many others.

Elected by the “Electoral College” – people from each state who are “pledged” to the candidate with the state’s majority vote. Fact: 4 times a president who was elected DID NOT

receive the popular vote, but was elected through the Electoral College.

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Judicial Branch (The Federal

Courts)

The Supreme Court was the first and is still the most powerful court.

Judiciary Act of 1789 set up the system of lower and appellate courts we have today.

Cases start at District Federal Court, move to Appellate for review (if necessary), then to the Supreme Court as a “last resort,” (again, if necessary)

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Supreme Court has 9 members (8 Justices and one Chief Justice) who are appointed for life.

Serves as the final court of appeals The S.C. hears about 100 cases (usually less) a

year. Decisions are based on a majority (5). Biggest role of the Supreme Court…

Interpreting the United States ConstitutionLaws decided unconstitutional are abolished.

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Checks and Balances C. and B. are the abilities for one branch to limit the

powers of one or both of the others. The President can veto a bill passed by Congress, but

Congress can still pass the bill by overriding the veto. The Supreme Court can check both by declaring a law unconstitutional.

Impeachment: Congress can remove a sitting President from office. The House of Reps. Calls for impeachment and the Senate conducts a trial. A 2/3 majority removes the President.*

(*No President has been removed by the Senate. However, two have been impeached by the House… Andrew Johnson and Bill Clinton.)

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Section 3: Changing the Constitution

Main Idea:

The amendment process has made the Constitution a living document that reflects changing times.

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Why did the framers provide for changes to the Constitution?

Even though they did not know how America would change, the framers knew that it would change, and that the Constitution would have to change with the nation.

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The Amendment Process

Article 5 of the Constitution outlines the process – very complex and takes months (or years!)

Proposal for an amendment:1. 2/3 of both House and

Senate2. National Convention called

by Congress at the request of 2/3 of the State Legislatures.*

*Option 2 has never been used

What is two-thirds of the Senate? The House?

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Ratification (2 options)

1. Approval by legislatures of ¾ of the states…

2. Approval by special conventions in ¾ of the states …* What issues might make the ratification process

difficult? *Option 2 only used for the 21st Amendment Repeal of

Prohibition

How many would this be?

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The Bill of Rights (The First 10 amendments)

First Amendment:

Individual Liberties: Freedom of religion,

speech and press. Read what you want,

criticize government, worship where you want. Speak your mind!

The 1st amendment stops at violating another person’s civil liberties…

2nd – 4th Amendments:

Protection from British-like policies:

2nd: “…bear arms” 3rd: “quartering of

soldiers” 4th: “unlawful search and

seizure”

DEBATE: What does the 2nd Amendment REALLY mean?

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5th – 8th Amendments

Rights of the Accused: 5th: “Self-incrimination” 6th: Trial by jury; speedy

and impartial where you know the charges and can face your accuser.

7th: Juries for civil (non-criminal) trials

8th: No excessive bail, fines or “cruel and unusual punishments.”

9th and 10th Amendments

Other issues… 9th: Citizens’ rights were not

limited to those in the Constitution

10th: Powers not given to the federal government or denied to the states are reserved for the states. Examples of the 10th

Amendment?

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Other Amendments… Civil War Amendments (13-15)

13: Abolition of Slavery

14: Gave citizenship to former slaves

15: Right to vote cannot be denied by “race, color, or previous condition of servitude.”

Voting Amendments (19 and 26)

19: Women’s Suffrage – The Right to Vote

26: Voting Age Requirement went from 21 to 18

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Section 4: State and Local Governments

Main Idea:

State and Local governments often play a more direct role in our lives than does the Federal government.

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U.S. CONSTITUTION

The supreme law of the land which everyone has to follow. However, the Constitution does allow certain policies to be left up to individual states.

STATE GOVERNMENTS

Creates and enforce laws for the state while also following all laws set forth by the U.S. Constitution

LOCAL GOVERNMENTS

Create and enforce ordinances and policies while still following the laws of the state and national

governments.

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State Constitutions(The U.S. Constitution is still the “supreme law of the land!”)

State Constitutions are similar to the U.S. Constitution:- They have a preamble- They define individuals’

rights- They set up a Three-

Branch System

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Amending State Constitutions

State Constitutions can be changed by: Proposals by the state legislature and/or general

election vote. Half of the states allow for people to directly

change the state constitution through Constitutional Initiatives (Petitions).

State Constitutions can be rewritten if approved by the legislature or through a general vote.

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State Services Maintain law and order Enforce Criminal Law Protect property Regulate business, commerce Supervise Public Education

License Teachers

Set Curriculum Standards Provide for Public Health & Welfare Build / Maintain Highways

(INFRASTRUCTURE) Maintain State Parks and State-

owned land

Licenses:

Doctors, Nurses, Lawyers, Teachers, and… Drivers!

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Local Governments

County, City, Town, Village, Parish, and District – Powers given by the state.

Local governments spend the most money on EDUCATION.

Private citizens have a role in local education (vote on budgets, serve on school boards, comment on curriculum changes)

Local Gov't administers police, fire, water, sewerage, health and many other services (either directly or through private companies)

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Section 5: Rights and Responsibilities of Citizenship

Main Idea:

Being an American citizen brings both rights and responsibilities.

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Who is a Citizen?

Born in the U.S. or have at least one parent who was.

Someone who is naturalized (the process of someone becoming a citizen)

You were 18 or younger when your parents were naturalized.

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The Naturalization Process1. Immigrant – Someone

who moves to another country.

2. Resident Alien – Complete a 5 year process of living in this country with permission.

3. Apply for citizenship and take a test, demonstrate “good moral character.”

4. Take the “Oath of Citizenship.”

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What defined citizenship? (According to the Founding Fathers)

Someone who displayed… Civic Virtue – willingness to work for the good

of the nation or community even at great sacrifice.

Patriotism – love or devotion toward one’s country.

Respect for people, property and the law. Personal Responsibility Courage (physical and moral)

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Responsibilities of a Citizen Voting Obeying the Laws Defending the Nation Jury Duty Serving the Community Being Informed