Chp. 4: The Constitution

Transcription

1 Name: Date: Period: Chp 4: The Constitution Filled In Notes Chp 4: The Constitution 1

2 Objectives about The Constitution The student will demonstrate knowledge of the Constitution of the United States by a) identifying the purposes for government stated in the Preamble; b) examining the fundamental principles upon which the Constitution of the United States is based, including the rule of law, consent of the governed, limited government, separation of powers, and federalism; c) illustrating the structure of the national government outlined in Article I, Article II, and Article III; d) describing the amendment process What are the Seven Guiding Principles of the Constitution? I Popular Sovereignty 1 Power resides with the people, and people elect their leaders (Rousseau) II Limited Government 1 the government is not all-powerful; Government must obey the law (Magna Carta) III Separation of Powers Checks and Balances 1 sets up the 3 branches (Montesquieu) Can declare laws unconstitutional Can create lower federal courts, impeach and remove judges, approves appointments of federal judges Notes Chp 4: The Constitution 2

3 IV The Rule of Law 1 Government is guided by laws, rather than by an individual or group 2 Doesn t allow states to discriminate against the residents of another state 3 The law must be applied fairly V Judicial Review 1 the power of the federal court to declare acts of Congress, the president or any group unconstitutional 2 established by the Supreme Court case, Marbury v Madison VI Federalism 1 power is divided between the national and state governments VII Individual Rights 1 there are rights that no one can take away 2 Many states would not ratify the Constitution until it had a Bill of Rights Basic Structure of the Constitution I Preamble 1 sets forth the six goals and purposes of the government Illustrated Preamble Directions: Write the Preamble to the Constitution on the lines provided Then, using the rest of the space on the page, illustrate at least three of the goals listed in the Preamble Notes Chp 4: The Constitution 3

4 II Articles 1 Article I sets up the legislative branch a Main duty is to make laws b made up of Congress; the House of Representatives and Senate c it is the most powerful branch, yet its rules are the most strict d elastic clause gives Congress the right to make all laws that are necessary and proper 2 Article II sets up the executive branch a makes sure all laws passed by Congress are faithfully executed b made up of the President, Vice President and staff 3 Article III sets up the judicial branch a Main duty is to interpret the Constitution b made up of the federal courts headed by the Supreme Court c when ruling on the Constitution, cannot be overturned except by itself or with an amendment 4 Article IV explains the relationships of the states to one another and the national government 5 Article V explains ways to amend the Constitution a Actually quite a difficult process Notes Chp 4: The Constitution 4

5 6 Article VI supremacy clause Constitution, laws passed by Congress, and treaties of the US are the supreme law of the land 7 Article VII how the ratification process of the Constitution works III Amendments 1 provides a way to change the Constitution 2 27 amendments The Amendments I Bill of Rights 1 First Amendment freedoms of grievances, religion, assembly, speech, and press a limitations on the first amendment slander false speech intended to damage someone s reputation libel written words intended to damage someone s reputation cannot infringe on another person s rights 2 Second Amendment the right to bear arms 3 Third Amendment freedom from quartering of troops 4 Fourth Amendment freedom from undue searches and seizures a need probable cause 5 Fifth Amendment no one is subject to double jeopardy (tried twice for the same crime); all persons are protected against selfincrimination 6 Sixth Amendment a person accused of a crime has the right to be tried in court without undue delay and by an impartial jury; the defendant must be informed of the charge he or she is to be tried 7 Seventh Amendment the right to a trial by jury is guaranteed in any civil case in a federal court if the amount of money involved in that case exceeds $20 8 Eighth Amendment prohibition of cruel and unusual punishment 9 Ninth Amendment people s rights are are not limited to the first 8 amendments 10 Tenth Amendment all of those powers not granted to the National Government and forbidden to the states, belong to each of the States Notes Chp 4: The Constitution 5

6 Directions: Create an illustration/picture that represents the freedoms offered in the first eight amendments in the Bill of Rights Amendment Picture Amendment Picture 1st 5th 2nd 6th 3rd 7th 4th 8th II Strengthening the New Government 11 Eleventh Amendment (1795) no State can be sued by residents of another State or of a foreign country 12 Twelfth Amendment (1804) requires electors to vote separately for President and Vice President III Civil War Amendments (Extending Rights to African Americans) 13 Thirteenth Amendment (1865) abolished slavery in the US 14 Fourteenth Amendment (1868) all persons naturalized or born in the US are citizens of the US and of the State where the reside; no State shall make or enforce any law which shall abridge the privileges or immunities of the US; nor shall any State deprive any person of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction the equal protection of laws 15 Fifteenth Amendment (1870) forbids the States from discriminating against any person on the grounds of his race, color or previous condition of servitude Notes Chp 4: The Constitution 6

7 III Twentieth Century Amendments (Reforms, Governance, and Voting Rights) 16 Sixteenth Amendment (1913) gives Congress the power to levy an income tax 17 Seventeenth Amendment (1913) Senators are to be elected by the voters in each State 18 Eighteenth Amendment (1919) outlawed the making, selling, transporting, importing, or exporting of alcoholic beverages in the US 19 Nineteenth Amendment (1920) no person can be denied the right to vote on account of his or her sex 20 Twentieth Amendment (1933) the terms of the President and Vice President shall end at noon on the 20 th day of January and the terms of Senators and Representatives at noon on the 3 rd day of January 21 Twenty-First Amendment (1933) repealed the 18 th Amendment 22 Twenty-Second Amendment (1951) no president may serve more than two elected terms; or 10 years 23 Twenty-Third Amendment (1961) provided 3 electors to the District of Columbia 24 Twenty-Fourth Amendment (1964) outlawed the payment of any tax an a condition for taking part in the nomination or election of any federal office holder 25 Twenty-Fifth Amendment (1967) establishes the succession to the presidency 26 Twenty-Sixth Amendment (1971) gave the right to vote to those who are 18 years of age 27 Twenty-Seventh Amendment (1992) delays an increase in Congressional pay until after the next regular congressional election Interpreting the Constitution I Strict Construction: Looking at the Text 1 literal reading of the Constitution 2 original language of the Constitution and the intent of the framers must serve as primary guides to judicial interpretation II Loose Construction: Adapting the Constitution to Today 1 flexible reading of the Constitution 2 interpretivism 3 modern values and social consequences must be taken into account in interpreting the Constitution Notes Chp 4: The Constitution 7

8 The framers developed the US Constitution more than 200 years ago with the hope that it would remain relevant and effective for future generations One way they sought to accomplish that was through the provisions of Article V, which spell out how the Constitution can be changed In recent years, Congress has fielded many proposals for changes to the Constitution, including the following: Requiring the federal government to balance the national budget Restricting the amount of money that can be spent during national electoral campaigns Abolishing the Electoral College and having the president and vice president elected by popular vote Lowering the age restriction for public offices such as senator and representative Repealing the Twenty-second Amendment, which sets presidential term limits Guaranteeing all citizens access to quality health care If you had the opportunity to change the Constitution in one way in order to improve it, what would you propose? In a short paragraph, explain your proposal and discuss why you think the Constitution will be a stronger, better document with this change Notes Chp 4: The Constitution 8

9 Glossary Chp 4 Directions: Fill in the definition for the term listed Then, in the box on the right, you have to draw a picture OR write the definition in your own words OR write a sentence using the word that demonstrates its meeting Due Process Federalism Popular Sovereignty Impeach Judicial Review Slander Libel Notes Chp 4: The Constitution 9

10 Summary DIRECTIONS: Choose only one of the following: a) write a summary (25-75 words) of what you believe was the most important aspect of the notes/lecture b) write what you believe to be the most interesting or memorable part of the notes/lecture (25-75 words) c) draw something that symbolizes the notes/lecture to you (has to be different than your title page) Notes Chp 4: The Constitution 10