Civics Goal 2

Principles of the

Constitutiona.k.a. The things that our

government is based on today

DISCUSS: Where have we seen “separation of powers” before?

The Constitution

Popular Sovereignty

• Explanation: The people are the source of government’s power (“We the people…”).

• Example:– Voting– Recall elections– Propositions & Referendums

Limited Government

• Explanation: The government’s power is restricted by Constitution and Bill of Rights.

• Example:– Police must have a warrant– Punishments must match crimes– Congress can not pass a law telling you what to eat for lunch

CONSTITUTION

DISCUSS: Defend this sentence-Although England has a King,

their government is based on the idea of Limited Government.

Hint: Magna Carta

Checks and Balances

• Explanation: When one branch of government restricts another from doing something wrong for the country.

• Example:– Congress wants to raise taxes, but President must agree.– President hides information from the public, but Supreme Court

force him to give it up.

Separation of Powers

• Explanation: Dividing the powers of government between 3 branches so no one has too much power.

• Example:– President wants to make

flag burning illegal, but it is not his job to make the laws

DISCUSS:

Do you think “Checks and Balances” can exist within a

government that does NOT have Separation of Powers?

Federalism

• Explanation: Dividing powers of gov’t between a national (federal) gov’t and smaller state governments.

• Example:– You will pay taxes to two

governments– School in N.C. is different

from school in S.C.

DISCUSS: Which of the 5 Principles might be the most important to people who vote?

•Popular Sovereignty

•Limited Government

•Separation of Powers

•Checks and Balances

•Federalism

Judicial Review

• The power of the Supreme court to review laws.–This principle was established

by the Supreme Court case Marbury vs. Madison (1803)

Preamble

• A) Where is the Preamble located? -At the beginning of the Constitution (Introduction paragraph)

• B) What is the purpose of the Preamble?-It identifies the 6 purposes or things the government will try to do under the Constitution.

Where is the “Establishment Clause” located and what does it state?

• Located in the 1st Amendment (freedom of religion)• It states that "Congress shall make no law

respecting an establishment of religion"

Qualifications of Offices of the 3

Branches of Government

House of Representatives (Legislative Branch)

• Age: 25• Citizenship/ Residency: Must be an

American Citizen for 7 years and a resident of the state he or she represents• Length of Term: 2 Years• Term Limit: Unlimited as long as

reelected

Senate (Legislative Branch)

• Age: 30 years old• Citizenship/ Residency: Must be a

citizen for 9 years and must live in the state from which elected• Length of Term: 6 years• Term Limit: Unlimited as long as

reelected

President/ Vice President (Executive Branch)

• Age: 35 years old• Citizenship/ Residency: Must have

been born a citizen of the US and a resident of the United States for 14 years• Length of Term: 4 years• Term Limit: 2 terms

Supreme Court Justice(Judicial Branch)

• Age: No age limit• Citizenship/ Residency: No

Residency requirement• Length of Term: Life• Term Limit: Life

The Separation of Powers

Separation of Powers- Why?

• The framers of the constitution included the separation of powers for one primary reason: to prevent the majority from achieving absolute rule

• As part of this separation of powers, each of the three branches have

Checks and Balances” on the authority of the other

two branches the power of each branch is limited or”checked” by the other two so none gain too much power

What are the Checks and Balances?

• The President appoints judges and department heads (secretaries), but these must be approved by the Senate

• The Congress passes laws, but the president can veto it, which in turn can be overridden by the congress.

The Supreme court can rule a law unconstitutional, and therefore invalid, however, the congress can amend (change) the constitution

Specific powers of each BranchPOWERS:

The Executive Branch• veto power, • appointment of

judges,• make treaties, • pardon power• ensure laws are

carried out

CHECKS:

Legislative Branch• can override

vetoes, • refuse to

confirm appointments, • reject treaties, • declare war, • impeach the

president Judicial Branch • can declare

executive acts unconstitutional

Specific powers of each Branch

POWERS:The Legislative Branch

• pass all federal laws

• establish all lower federal courts

• override presidential veto

• impeach the president

CHECKS:

Executive Branch

• can veto any bill

• call Congress into session

Judicial Branch• declare laws

unconstitutional

Specific powers of each Branch

POWERS:

The Judicial Branch

• try federal cases,• interpret laws, • declare executive

actions & laws unconstitutional

CHECKS:

Executive Branch• appoints

judgesLegislative

Branch • can impeach

judges• and approves

presidential appointments• can amend

constitution to overturn judicial decisions

Questions for discussion

• Which branch is the most powerful ?

• Is one branch more powerful than the others ? Explain. Give examples

• Why did the framers believe a separation of powers was so important ?

The System of Federalism

• Dividing powers of government between a national (federal) government and smaller state governments

Types of Powers

• Expressed Powers: Powers actually written in the Constitution–ex: “Congress shall have the power…to

raise and support Armies”• Implied Powers: Powers not actually

listed in the Constitution, but are assumed–ex: Congress draft citizens into the army

Elastic clausea.k.a. “necessary and proper clause”

• “Congress has the power to make all Laws which shall be necessary and proper for carrying into Execution the…powers vested by the Constitution.”

• Allows Congress to expand its powers when needed.–EX: Constitution says- “power to…

repel invasions” but Congress has allowed wiretapping of suspected terrorists without warrants.

National (Federal) Government Powersa.k.a. Expressed Powers

• Coin money• Regulate interstate

trade– Interstate=between

states

• Create armies• Declare war• Deal with other

countries

State Powersa.k.a. Reserved Powers (10th Amendment)

• Maintain Public Schools

• Regulate alcohol• Conduct elections• License

professionals

National & State Powersa.k.a. Concurrent Powers

• Collect taxes• Borrow Money• Establish Courts• Define crimes & punishments

Supremacy Clause

• What does the Supremacy Clause state about the relationship between the federal and state governments?–The Federal law (US Constitution) is

above all state laws–States cannot make laws that conflict

with US laws.

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PigeonholePigeonhole

• Step #2 & #5•When a committee or sub-

committee puts a Bill aside until it is forgotten about (dies)

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FilibusterFilibuster

• Step #6• When a senator tries to

prevent a vote by talking as long as possible during the debate

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ClotureCloture

• Step #6•When 60 Senators vote to stop

(clot) a filibuster

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Conference CommitteeConference Committee

• Step #7•When members of the HoR and

Senate compromise on differences in a Bill before it goes to the President.

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VetoVeto

• Step #8•When the President rejects a

Bill

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Pocket VetoPocket Veto

• Step #8•When the President puts a Bill

aside for 10 days and it does not become a law

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Override VetoOverride Veto

• Step #9• If President Vetoes or Pocket

Vetoes a Bill, The Senate and HoR can override the President if 2/3 of each house agrees.

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The 9 steps of how a Bill becomes a Law

The 9 steps of how a Bill becomes a Law

• Step #1• Bill introduced into the HoR

• Step #2• Bill goes to committee & subcommittee

• Step #3• Debate and voted on in the HoR

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The 9 steps of how a Bill becomes a Law

The 9 steps of how a Bill becomes a Law

• Step #4• Bill introduced into the Senate

• Step #5• Bill goes to committee

• Step #6• Debate and voted on in the Senate

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The 9 steps of how a Bill becomes a Law

The 9 steps of how a Bill becomes a Law

• Step #7• Conference Committee

• Step #8• Presidential Action– Sign– Veto– Pocket Veto

• Step #9• Override Veto

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The Bill Flow Chart:

Introduction in the House of

Reps.

Sent to Committee/

Sub- Committee

Debate & Vote in the

HoR

Sent to the Senate and Introduced

Senate Committee

Debate & vote

Senate Floor Vote

Conference Committtee

Sent to the President:

Signs = LawVeto No Law

Veto Override:

2/3 Vote in Congress =

Law

I’m Just a Bill

The Constitution and the Amendment Process (Article V)

Marbury vs. Madison

• What is the lasting impact??–The judicial branch has a duty to

uphold the Constitution. Thus, it must be able to determine when a law conflicts with the Constitution and to nullify unconstitutional laws (Judicial Review)

To PROPOSE an Amendment

Method 2

By national constitutional convention called by Congress at the request of 2/3 (34) of the

state legislatures[This method has never been used]

Method 1By 2/3 vote in both the House and the Senate

[most common method of proposing an amendment]

Or

To RATIFY an Amendment

Method 2

Ratified through conventions in ¾ (38) of the states.

[Only been used once to ratify the 21st Amendment]

Method 1

By legislatures in ¾ (38) of the states

[in all but one case, this is how amendments have been ratified]

Or

Amendment ProcessMethods of Proposal

Method 1

By 2/3 vote in both the House and the Senate

Or

Method 2

By national constitutional convention called by Congress at the request of 2/3 of the state legislatures

Methods of Ratification

Method 1

By legislatures in ¾ of the states

Or

Method 2

Ratified through conventions in ¾ of the states.

13TH Amendment (1865)• Ended slavery in

the United States

14TH Amendment (1868)

• Equal protection under the law

• Both national and state gov’ts must guarantee everyone their civil liberties

• Defined citizenship

15TH Amendment (1870)

• Cannot be denied the right to vote based on race, color, or previous condition of servitude

• All men gained the right to vote

19TH Amendment (1920)

• Women gained suffrage (right to vote)

24TH Amendment (1964)

• Elimination of poll taxes• Cannot be

forced to pay a fee in order to vote

26TH Amendment (1971)

•All citizens 18 years of age and older have the right to vote

Exploring the Bill of RightsFor the 21st Century

The First Amendment

Five Essential Freedoms and

Rights

Freedom of Speech

Congress shall make no laws . . .

abridging the freedom of speech

Freedom of ReligionCongress shall make no law respecting an establishment of religion or prohibiting the

free exercise there of

Freedom of the PressCongress shall make no law

. . .abridging . . . the freedom

of thepress.”

Freedom of AssemblyFreedom of Assembly

Congress shall make no law . . . Abridging . . . The people to peaceably assemble”

Petition the GovernmentCongress shall

make no law . . . Abridging . . . the people. . . to petition the government for a redress of grievances”

2nd Amendment

A well-regulated militia, being necessary to the security of a free state, the right of the people to bear arms shall not be infringed.

3rd Amendment

No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war. . . .

4th Amendment• The right of the people to be secure in their persons,

houses, papers, and effects, against unreasonable searches and seizures,

• shall not be violated, and no Warrants shall issue, but upon probable cause, ….. particularly describing the place to be searched, and the persons or things to be seized

5th Amendment

• No person shall be held to answer for a … crime unless on a presentment or indictment of a Grand Jury • nor shall any person be subject for the

same offence to be twice put in jeopardy of life or limb[double jeopardy]

• nor shall be compelled in any criminal case to be a witness against himself [self-incrimination]

5th Amendment

• nor be deprived of life, liberty, or property, without due process of law

• nor shall private property be taken for public use, without just compensation [eminent domain]

6th Amendment

• In all criminal prosecutions, the accused shall enjoy– The right to a speedy and public trial by an impartial jury– To be informed of the nature and cause of the accusation– To have compulsory process for obtaining witnesses in his

favor– To have Assistance of Counsel for his defense

7th Amendment

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved….

Eighth Amendment• No

excessive bail

• No cruel and unusual punishment

© 2004 Wadsworth Publishing / Thomson Learning™

States that Allow the Death Penalty

9th Amendment

• The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people

• [other rights may be protected even if not included in the Bill of Rights ex: right to privacy]

10th Amendment

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

[states' rights]

The Civil War Amendments• 13th Amendment (1865) – neither slavery nor

involuntary servitude shall exist in the United States

• 14th Amendment (1868) – all persons born or naturalized in the United State are citizens– states cannot abridge the privileges or

immunities of citizens– all persons (whether or not they are citizens)

are entitled to due process– all persons are entitled to equal protection

• 15th Amendment (1870) – the right to vote shall not be denied because of race, color or previous condition of servitude

The Voting Amendments19th Amendment (1920) – Equal Suffrage – the right to vote should not be denied by any account of sex

24th Amendment (1964) – Voting is free for all citizens and no poll tax or literacy test is required.

26th Amendment (1971) – Voting age is lowered to 18. This was a result of the soldiers dying in the Vietnam War that were unable to vote, but could die for that president.

18th Amendment (1919) – Prohibition of intoxicating liquors. This amendment made owning, manufacturing, and drinking alcohol illegal. This led to an increase in organized crime. 21st Amendment (1933) – Repeal of 18th Amendment. This cancelled the 18th Amendment form the Constitution.22nd Amendment (1947) – Presidential Tenure. No person shall be elected to the office of the president for more than 2 terms. (Total of 8 years)25th Amendment (1965) – Presidential succession is revised to be a more descriptive system.

The other Important ones...