Limits to Government Power

Social Studies 7Mr. Donnelly

Do NowWhich of your individual personal rights do you feel are most important? Please explain why!

Learning Objective & Essential Question

• Learning Objective: I can examine the limits to government power expressed in the Constitution of the United States

• Essential Question: Why do people create, structure and change governments?

How can the power of government be limited by the Constitution?

• There are three methods by which the US Constitution seeks to limit the power of government in the United States:

• Through the Bill of Rights• Through the system of checks and balances• Through the concept of Federalism

The Bill of Rights

• The idea behind the Bill of Rights is to insure the freedom and rights of individual citizens in the United States

• It put limits on what the government can do and control

• Freedoms protected include freedom of religion, speech and assembly

Checks and Balances

• The Constitution created three separate branches of the government: The Legislative, the Executive & Judicial Branches to act as a check on each other

• The Tenth Amendment of the Constitution says the powers of the United States Government are limited to only those stated in the Constitution

• Any remaining powers are kept by the individual States and the American people

The Constitution limits government power

• This allows the States and the people to limit the power of the federal government in through the Constitution

Federalism

• Is a system of government that creates a strong central government and local state governments

• The powers of the national and state governments are divided and balanced, which thus limits the power of government over the people and guarantees their individual rights are protected

Protection of individual rights

• The US Constitution guarantees the protection of the individual rights of all citizens through:

• Must be charged with a crime in person• Right against self-incrimination• Right to counsel (a lawyer)• Presumption of innocence until proven guilty• Right to speedy and public trial

Rights of the Individual Protected

• Right to trial by an impartial jury• Can not be subjected to Double Jeopardy• Right to appeal a legal decision all the way to

the United States Supreme Court