Semester 2 CIVICS: What You Will Need to Know! The U.S. Constitution

Transcription

1 The U.S. Constitution The Seven Articles (LEJ RASR) Article I The Legislative Branch o Makes the Laws o Includes a Bicameral Congress with a Senate and House of Representatives Article II The Executive Branch o Enforces the Laws o Includes the President and Vice President Article III The Judicial Branch o Interprets the Laws o Includes the Supreme Court Article IV Relations of the States (Federalism) o Explains the relationship between the states and national government Article V Amending the Constitution o Explains how the Constitution can be changed Article VI Supremacy Clause o The Constitution is the highest law in the land Article VII- Ratifying the Constitution o The Constitution is approved when 9 out of 13 states ratify it 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. Amending the Constitution An amendment is any change that is made to the Constitution. There are a total of 27 Amendments. The first 10 are called the Bill of Rights! The Constitution provides 2 ways for proposing amendments and 2 ways for ratifying amendments: Step 1: The amendment is proposed by: A 2/3 vote of both houses of Congress -Or- A national convention called by 2/3 of the 50 states. Step 2: The amendment is ratified by: A 3/4 vote of the 50 state legislatures -Or- A 3/4 vote of state conventions called by each of the 50 states. Interpreting the Constitution The framers knew that the world would change in ways they could not predict. So they wrote the Elastic Clause which gives Congress the power to make all laws necessary and proper to carry out its duties. This way, Congress can stretch its power with Implied Powers

2 The Five Principles of the U.S. Constitution The idea that the power of the government lies with the people. Thomas Jefferson confirmed this in the Declaration of Independence, when he stated that a nation should be run by the consent of the governed. It was included in the Constitution with the phrase We the People. We use popular sovereignty today through our representative democracy processes of holding elections. The Constitution limits the powers of the federal and state governments in order to protect the people from tyranny. Under the Constitution, the government is limited by the rule of law. This means that the law applies to everyone, even those who govern. Popular Sovereignty Limited Government and the Rule of Law Separation of Powers Checks and Balances To keep any one person or group from holding too much power, the framers divided the government into three branches. This was an idea stemmed from Baron de Montesquieu. Each branch has its own tasks, as detailed in their own Articles in the Constitution Even with separation of powers, the framers feared that one branch of government could gain control of the other two. To keep the three branches balanced in power, each branch has ways of checking, or limiting, the power of the other two. For example: Legislative can impeach, override vetoes, confirm appointments Executive can veto laws, appoint judges/justices Judicial can declare laws and executive actions unconstitutional Federalism The framers placed limits on the national government to prevent tyranny by granting some powers to the states. In this federal system, powers are divided and shared among the national, state, and local levels of government. Delegated Powers (enumerated/expressed) belong to the federal government. Reserved powers belong to the states. Concurrent powers belong to both the state and federal governments.

3 Amendments to the Constitution First Amendment 1. Freedom of Religion No one can force you to or prevent you from practicing your religion 2. Freedom of Speech you can express yourself without fear of being punished by the government 3. Freedom of the Press the government cannot censor the news/media 4. Freedom of Assembly you can gather in groups for any reason, as long as you are peaceful 5. Freedom to Petition you can contact the government in any way to express your ideas/opinions Second Amendment The right to bear arms Sixth Amendment Right to a fair a speedy jury trial, right to an attorney Third Amendment Protection from quartering (housing) soldiers Seventh Amendment Right to a jury trial in a civil case Fourth Amendment Protection from unreasonable searches and seizures Eighth Amendment Protection from excessive bail and cruel and unusual punishment Fifth Amendment Right to due process of law, protection from double jeopardy, right to eminent domain, protection from selfincrimination Ninth Amendment The People s Rights not listed in the constituion are protection Tenth Amendment The powers not listed in the Constitution belong to the states Additional Key Amendments 13 th Amendment abolished slavery in the United States 14 th Amendment defined citizenship as anyone born or naturalized in the U.S., and granted all citizens equal protection under the law 15 th Amendment states that you cannot deny anyone the right to vote on the basis of race 19 th Amendment grants women the right to vote (suffrage) 24 th Amendment made poll taxes illegal as a condition for voting 26 th Amendment lowered the minimum voting age to 18 years old

4 Our Legal System The Federal Court System Supreme Court Highest Court in the land Appellate Jurisdiction and some original jurisdiction 9 Justices, no juries Military Law The law governing the armed forces. Instead of a court system, trials are held in a tribunal Marbury v. Madison Established judicial review Gideon v. Wainwright Upheld the right to an attorney for those who cannot afford one Tinker v. Des Moines Upheld students 1 st amendment right to freedom of expression Bush v. Gore Determined that a recount of votes is unconstitutional when you can t guarantee equality Appeals Courts 13 Appellate Courts Appellate jurisdiction, meaning it hears cases from the lower courts Panel of judges, no juries Constitutional Law Laws interpreted using the Constitution, such as those concerning the branches of gov t or your rights Types of Law Criminal Law System of law concerned with those who commit crimes Landmark Supreme Court Cases Plessy v. Ferguson Upheld Separate-but-equal and stated that segregation was not discrimination Miranda v. Arizona Upheld 5 th Amendment rights and required police to read the accused their rights U.S. v. Nixon Affirmed that executive privilege is limited and the President is subject to rule of law District of Columbia v. Heller Upheld the individuals 2 nd amendment right to bear arms District Courts 94 District Courts Original jurisdiction, meaning trials are originally held here Judges and juries Civil Law System of law that concerns lawsuits and disagreements between parties Brown v. Board of Education Overturned separate-but-equal and stated that segregation was unconstitutional In re Gault Protected juvenile rights to due process of law Hazelwood v. Kuhlmeier Determined that the 1 st amendment can be limited in schools

5 Who is it? Semester 2 CIVICS: What You Will Need to Know! The Three Branches of Government Legislative Branch Executive Branch Judicial Branch A bicameral legislature, made up of The Senate and the House of Representatives. The Senate has 2 members per state, and the House is based on population (435 total). President of the United States, Vice President, and 15 Cabinet Members, each of which are the secretaries of a government department. The Supreme Court of the United States, as well as any lower courts. The Supreme Court has 9 justices. Who is the leader? Senate Vice President, President Pro Tempore House Speaker of the House Majority leader leader of the party with the most members in Congress Minority leader leader of the party with fewer leaders in Congress President of the United States, also known as the Commander in Chief Chief Justice of the Supreme Court What powers do they have? Approves treaties and presidential appointments, impeaches the president, regulates commerce, coins money, declares war Makes treaties, appoints judges and cabinet members, sends troops Judicial review (can declare a law unconstitutional)

6 Federalism The United States has a federal system of government. This means that powers are divided and shared among the national, state, and local levels of government. Powers of the national government are known as Delegated Powers, power of the states are called Reserved Powers, and powers that are shared are called Concurrent Powers.