Unit 2 The Constitution
Objective 2.01: Identify principles in the United States Constitution. The Sections of the Constitution Preamble Explains why the Articles of Confederation were replaced, it also list six goals of our government Articles Describe the structure of the government Amendments Additions or changes to the Constitution
Objective 2.01: Identify principles in the United States Constitution. Goals of Preamble to form a more perfect union To unite that states more effectively so they can operate as a single nation establish justice To create a system of fair laws and courts to insure that all citizens are treated equally insure domestic tranquility Maintaining peace and order keeping citizens safe
Objective 2.01: Identify principles in the United States Constitution. provide for the common defense To have an army that can protect the U.S. and it s citizens from outside attacks promote the general welfare To help people live healthy, happy, and prosperous lives and secure the blessings of liberty to ourselves and our posterity To guarantee freedom and basic rights of all Americans, including future generations (posterity)
Objective 2.01: Identify principles in the United States Constitution. Principles of the Constitution Although the Framers disagreed, they did have one common vision in mind on how the government should operate Representative of the people and limited in scope power should be spread out To achieve these ideas the framers embraced 4 principles Popular sovereignty Limited Government Separation of Powers Federalism
Objective 2.01: Identify principles in the United States Constitution. Popular Sovereignty People have the right to rule themselves We the People Framers designed a government that would always reflect the will of the people Examples: Expressed through elections Elected officials can be removed Even the President can be removed
Objective 2.01: Identify principles in the United States Constitution. Limited Government Rule of Law: law applies to everyone, even those who govern Examples Article I section 9 Writ of Habeas cannot be suspended Bill of Rights
Objective 2.01: Identify principles in the United States Constitution. Separation of Powers Checks and balances: system that gives each of the three branches of government ways to limit the powers of other two House of Representatives can impeach president President can veto bills Judicial branch determines if laws are unconstitutional
Objective 2.01: Identify principles in the United States Constitution. Federalism (the division of power between state and national govt.) Enumerated powers: powers specifically given to the national govt. Control immigration Maintain an army Establish postal system Reserved powers: powers given to the states Set up & regulate schools Rules for marriage & divorce Formation of police organizations Concurrent powers: powers shared by national & state govt. Collect taxes Borrow money
Objective 2.02: Explain how the United States Constitution defines the framework, organization and structure of the three branches of government at the national level. The Articles The plan for our government is organized into seven parts called articles How the government is to operate The First three Articles describe the power and responsibilities of each branch of govt.
Objective 2.02: Explain how the United States Constitution defines the framework, organization and structure of the three branches of government at the national level. Article I The Legislative Branch: Congress Framers intended this branch to take the leading role in govt. Article I section 1 : Congress will be made of two houses Senate House of Representatives These two branches will have all lawmaking/ legislative authority (most important) Article I section 2 Outlines the qualification for members, election and terms of office
Objective 2.02: Explain how the United States Constitution defines the framework, organization and structure of the three branches of government at the national level. Article I Section 8 Describes the powers given to Congress Enumerated Powers Implied powers: the exercising of power that may not be specifically stated in the Constitution. The Necessary and Proper Clause also called the Elastic Clause Animal cloning Cyber crime
Objective 2.02: Explain how the United States Constitution defines the framework, organization and structure of the three branches of government at the national level. Article I section 7 Outlines what rules legislators must follow in making laws i.e. both houses must, by a majority vote and approve a bill before it becomes a law or sent to the president for signing. Article I Section 9 also lists specific powers that congress does not have
Objective 2.02: Explain how the United States Constitution defines the framework, organization and structure of the three branches of government at the national level. The Executive Branch Article II calls for an executive branch or law-enforcing branch, which is headed by the president and a vice president Also states how these leaders are to be elected and how they can be removed from office It also describes some of presidents powers and duties
Objective 2.02: Explain how the United States Constitution defines the framework, organization and structure of the three branches of government at the national level. The Judicial Branch Article III calls for one Supreme Court and such lower courts as Congress deems appropriate It then lists the powers of the Supreme Court and describes the kinds of cases they may hear i.e. cases involving the constitution
Objective 2.02: Explain how the United States Constitution defines the framework, organization and structure of the three branches of government at the national level. Article IV Says that all states must respect each other s laws, court decisions, and records Full Faith and Credit Clause It also explains the process of creating new states and it promises that the federal government will protect and defend the states
Objective 2.02: Explain how the United States Constitution defines the framework, organization and structure of the three branches of government at the national level. Article V (reveals the foresight of the framers) specified how amendments are to be made Two ways an amendment can be proposed 2/3 of both houses has to vote yes on an amendment Holding of a national convention requested by 2/3 of the states Then 2/3 of the states must ratify it by either a state convention or state legislatures
Objective 2.02: Explain how the United States Constitution defines the framework, organization and structure of the three branches of government at the national level. Article VI supreme Law of the Land Supremacy clause The US constitution is the highest form of law in the American legal system If states laws conflicts with federal law, federal law will prevail.
Objective 2.02: Explain how the United States Constitution defines the framework, organization and structure of the three branches of government at the national level. Article VII Established procedures for ratification, or approval of the Constitution It will take nine states to ratify the Constitution making it the Supreme Law of the Land
Objective 2.04: Describe how the United States Constitution may be changed and analyze the impact of specific changes. Amending the Constitution Amendment: any change in the constitution A number of amendments address entirely different matters i.e. improving the way our government works
Objective 1.07: Evaluate the extent to which the Bill of Rights extended the Constitution. The Bill of Rights Guarantees certain basic rights we all have as American citizens Civil liberties: the freedoms we have to think and act without govt. interference or fear of unfair treatment
Objective 1.07: Evaluate the extent to which the Bill of Rights extended the Constitution. 1st Amendment Protects five basic freedoms Freedom of Religion Establishment clause and Free Exercise clause Establishment: No national religion Free Exercise: You as an American can exercise whatever religion you choose.
Objective 1.07: Evaluate the extent to which the Bill of Rights extended the Constitution. 1st Amendment Freedom of speech We can say what is on our minds in private and public Freedom of the Press The government can not practice censorship on the various forms of our press Freedom of Assembly The right to gather in groups Freedom to Petition Petition: a formal request i.e. a document signed by hundreds of people and sending it to your representative
Objective 1.07: Evaluate the extent to which the Bill of Rights extended the Constitution. Limits to the 1st Amendment The safety and security of Americans may justify a limit placed on the First Amendment freedoms You cannot yell, fire in a crowded movie theater You cannot start a riot Libel and slander is also not protected
Objective 1.07: Evaluate the extent to which the Bill of Rights extended the Constitution. 2nd Amendment This amendment guarantees Americans the right to serve in a militia and to bear arms This gives citizens the right to protect themselves
Objective 1.07: Evaluate the extent to which the Bill of Rights extended the Constitution. 3rd Amendment Limits the power of the national govt. to force Americans to quarter, or house soldiers In times of peace soldiers, may not move into private homes except with owners consent In wartime, the practice is also prohibited unless people are requested to do so by law
Objective 1.07: Evaluate the extent to which the Bill of Rights extended the Constitution. 4th Amendment Protects Americans against unreasonable search and seizures No soldier, govt. official or law enforcement official can search a persons home or take a person s property without that person s permission Need a search warrant or probable cause
Objective 1.07: Evaluate the extent to which the Bill of Rights extended the Constitution. 5th Amendment Protects the life and liberty of citizens by protecting the rights of people accused of a crime One can not be put on trial without being first indicted Indictment: a formal charge by a group of individuals Protects individuals from double jeopardy Cannot be tried twice for the same crime The right to remain silent Self incrimination, testify against yourself (torture) Due process No one can be denied life liberty or property without following established legal procedures Eminent Domain The govt. cannot take your property without paying a fair price first
Objective 1.07: Evaluate the extent to which the Bill of Rights extended the Constitution. 6th Amendment Guarantees additional right to people who are accused of crimes Right to be told the charges against them and a speedy trial by an impartial jury Trial must take place in the state or district where the crime was committed Right to be told the charges against them; to call in witnesses on their behalf; and to be represented by a lawyer.
Objective 1.07: Evaluate the extent to which the Bill of Rights extended the Constitution. 7th Amendment Guarantees the right to a jury trial in civil cases, providing that the amount of money involved is more than 20 dollars Civil suit: a case about individual rights and legal obligations
Objective 1.07: Evaluate the extent to which the Bill of Rights extended the Constitution. 8th amendment Prohibits excessive bail or fines Bail: a sum of money used as a security deposit. If the person returns to trial the money is returned if the person does not return the money is forfeited Forbids cruel and unusual punishment
Objective 1.07: Evaluate the extent to which the Bill of Rights extended the Constitution. 9th Amendment This specifies that rights listed are not the only rights of the people; protects are unwritten rights i.e. confidentiality in our medical record and financial records as well.
Objective 1.07: Evaluate the extent to which the Bill of Rights extended the Constitution. 10th Amendment Powers that are not specifically assigned to the national govt. belong to the state i.e. set up schools, license lawyers Reserved powers
Objective 2.04: Describe how the United States Constitution may be changed and analyze the impact of specific changes. 11th Amendment Lawsuits brought against states by citizens of other states or by a foreign nation must be tried in a state court 12th Amendment This amendment was adopted to clarify and solve some problems with the electoral process established in Article II Before this amendment there was one ballot This amendment established two ballots and the electors meet in their own states
Objective 2.04: Describe how the United States Constitution may be changed and analyze the impact of specific changes. 13th Amendment At the end of the Civil War, Lincoln s Emancipation Proclamation only freed enslaved persons in the Confederacy This Amendment ended slavery in all the remaining states and territories
Objective 2.04: Describe how the United States Constitution may be changed and analyze the impact of specific changes. 14th Amendment This amendment defined a U.S. citizen, as anyone who is born or naturalized in the United States This amendment also required every state to grant its citizens equal protection of the laws Another element of the 14th was that it forbid the state govt. from taking a persons life, liberty, without due process
Objective 2.04: Describe how the United States Constitution may be changed and analyze the impact of specific changes. 15th Amendment The right to vote (granted suffrage to African Americans) Suffrage: the right to vote (last of the Civil war amendments) No state may take away a persons voting rights on the basis of race, color, or previous enslavement
Objective 2.04: Describe how the United States Constitution may be changed and analyze the impact of specific changes. 16th Amendment Income Tax Congress passed this bill giving the federal govt. the power to levy an income tax 17th Amendment Direct election of senators Previously senators were chosen by the state legislatures
Objective 2.04: Describe how the United States Constitution may be changed and analyze the impact of specific changes. 18th Amendment Prohibition of intoxicating Liquors This ban sent crime upwards through the illegal sale and distribution of liquor 19th Amendment Women s right to vote Starting in 1878 a bill to grant women suffrage was introduced and every year after that until finally it was granted in 1920
Objective 2.04: Describe how the United States Constitution may be changed and analyze the impact of specific changes. 20th Amendment Presidential and Congressional terms (Lame Duck Amendment) Lame duck: period of time the President or congressional members are awaiting to leave office after not winning reelection or announcing retirement 21st amendment Repeal of Prohibition Repeal: the amendment was removed States could still choose to ban liquor if they wanted
Objective 2.04: Describe how the United States Constitution may be changed and analyze the impact of specific changes. 22nd Amendment Limit on the number of Presidential terms A president may not be elected more than two terms 23rd Amendment Electors for District of Columbia 24th Amendment Poll Taxes In some southern states the use of poll taxes still existed Poll tax: money needed to cast a vote
Objective 2.04: Describe how the United States Constitution may be changed and analyze the impact of specific changes. 25th Amendment Presidential Disability and Succession Who becomes President if the current President dies? Vice president Who becomes President if both the President and vice president die? Speaker of the House What is the succession after the Speaker? President Pro Tempore of the senate Secretary of the State Secretary of the Treasury
Objective 2.04: Describe how the United States Constitution may be changed and analyze the impact of specific changes. 26th Amendment Voting Rights for 18-year-olds Thought process of public at the time, was if 18 was a legal age to go off and fight in Vietnam, than it was good enough for voting 27th Amendment Restraint on Congressional Salaries (1992)