Goal 2

US Constitution and the values, purposes, and principles of the

American Government

Principles of the US Constitution

• Popular Sovereignty – will of the people• Limited Government – government must obey

laws (laws in Constitution are above government)• Judicial Review – courts can declare laws

unconstitutional• Checks and Balances – three branches of

government can limit each other• Separation of Powers – the national, state, and

local governments have own powers (reserved, concurrent, enumerated or exclusive)

What’s in the Constitution?

• Preamble explains purpose and intent

• Articles 1-3 (First 3 branches of government)

• Elastic or Necessary and Proper Clause allows government to make all laws deemed necessary and proper

• Supremacy Clause says Constitution is supreme law

• Full Faith and Credit Clause says states respect each other’s laws

Legislative Branch – Article I

• Senate (upper house) and House of Representatives (lower house)

• Both can censure (publicly reprimand) or expel (expulsion) a senator, but give them immunity (protection from some laws), franking privilege (free postage), and a high salary

• Both have committee systems with a seniority system, they work on bills and attempt to create laws for society and can override (with 2/3) a veto

The House v. Senate

• House:1) Hear appropriations bills first and impeaches President2) Has Speaker of House, Majority and Minority Leaders and Party Whips3) #s are based on population of state, changes every 10 years with census

• Senate:

1) Confirms appointments by President and runs trial after impeachment

2) Has VP as head, President Pro Tempore, Majority and Minority Leaders and Party Whips

3) #s are 2 senators per state

Limitations of Congress

• Writ of Habeas Corpus – having the right to go before a judge

• Bills of Attainder – none allowed because they convict people of crimes without trial

• Ex Post Facto Laws – none allowed because they make a past activity illegal when it wasn’t illegal at that time

• Titles of Nobility not allowed to be given

Executive Branch – Article II Roles of President

Chief of State (represents US)

Commander in Chief (armed forces leader)

Chief Diplomat (negotiates with other nations)

Chief Executive (appoints officials)

Chief Legislator (Proposes budgets, laws)

Party Leader (head of party he/she belongs)

Powers of the President

• Veto

• Executive Orders and Agreements

• Pardons, Commutes, and Reprieves

• State of the Union Address given

• Makes Treaties and Appointments

Federal Agencies

FBI – law enforcement

CIA – conducts spy missions, espionage

ATF – firearms and explosives

DEA – drug laws

CIS – citizenship and immigration

IRS – investigate those who haven’t paid taxes

FEMA – disaster response

NTSB – improves transportation

CDC – Medicare and Medicaid

The Judicial Branch – Article III

• Federal Courts and State Courts with Chief Justice, Associate Justices

• Jurisdiction1) Original – hear cases first2) Appellate – hear cases already heard3) Concurrent – state and national courts have jurisdiction4) Exclusive – only national courts have jurisdiction

Other Amendments to Constitution

11 – Sue States

12 – Separate Ballots for VP and P

13 – Outlaws slavery

14 – Equal Protection and Due Process

15 – Right to vote for blacks

16 – Income Tax

17 – Senators elected by people

18 – Prohibition of alcohol

19 – Women’s Suffrage

20 – Lame Duck, shortens time

21 – Repealed Prohibition

22 – Term Limit for Pres is 2

23 – DC in electoral college

24 – bans poll taxes

25 – establishes pres succession

26 – voting age is 18 yrs

27 – Pay raises in Congress

Important Cases – Federal Authority

• Marbury v. Madison – Judicial Review

• McCullough v. Maryland – National bank over State bank (Supremacy Clause)

• Gibbons v. Ogden – National Gov’t regulates interstate commerce

• Korematsu v. US – Gov’t can make any laws necessary and proper during war

Important Cases – Race and Segregation

• Plessy v. Ferguson – separate but equal is legal• Brown v. Board of Education – separate but equal

is not legal• Heart of Atlanta Motel v. US – Congress can

strike down racial segregation through interstate commerce

• Swann v. Charlotte-Meck Board of Education – busing should be used to integrate schools

• Regents of UC v. Bakke – racial quotas violate the 14th Amendment

Important Cases – Bill of Rights

• Furman v. Georgia and Gregg v. Georgia – ruled against and then for the death penalty as cruel and unusual punishment

• Mapp v. Ohio – requires a search warrant to search someone’s house

• Gideon v. Wainwright – states must provide attorneys for those who can’t afford them

• Miranda v. Arizona – protection against “self-incrimination” by informing people of right to remain silent

• Texas v. Johnson – flag burning is legal

Important Cases – Bill of Rights and School

• New Jersey v. TLO – reasonable suspicion counts as a warrant in searching belongings at school

• Engel v. Vitale – forced prayer at school is a violation of the first amendment

• Bethel School v. Frasier – schools can prohibit speech that violates values of public education in a school

• Hazelwood v. Kuhlmeier – schools can censor any material deemed inappropriate

Constitutional Issues

• Loose v. Strict Interpretation• States Rights and Redistricting within States• Majority Rule v. Minority Rights• Separation of church and state• Right to Bear Arms• Term Limits• Civil Liberties v. National Security (Patriot Act)• Interest Groups Relations

National Government Revenue

• Some money from fees and fines, as well as treasury bonds

• Taxes are main source1) Direct (goes to gov’t) v. Indirect (goes through other sources to gov’t – like gas tax)2) Types of Taxes – Income, Corporate, Excise, Estate, Tariff, Social Security (not Sales Tax)3) Regressive Tax (more income, less tax) v. Progressive Tax (more income, more tax) v. Proportional Tax (everyone pays same %)

National Government Spending

• Expenditures on defense, health programs, public goods, etc.

• Expenditures are placed in a national budget

• If expenditures = revenue then balanced budget, if higher then “deficit spending”, if lower then budget surplus