USCH 1.5-The Constitution

Opening:

Complete Reading Journal

1.5

Work Period:

•USHC 1.5 The

Constitution

•Complete The

Federalist Papers

Closing

Quiz on 1.5

Explain how the Constitution and the Bill

of Rights limit the federal government

Essential Question • What are some examples of

federalism, separation of powers,

and checks and balances found in

the Constitution and how did this

differ from the Articles of

Confederation?

USHC 1.5

Explain how the fundamental principle of limited government is protected by the Constitution and the Bill of Rights…

Limiting the Government

Federalism

Checks and

Balances

The Bill of Rights

FEDERALISM

Delegated Powers

Powers given to the Federal Government

Reserved Powers

Powers kept by the states and people

Concurrent (Shared) Powers

Powers shared by both levels of gov.

Sovereignty is constitutionally divided between a central authority and states.

From The Federalist, No. 45 The powers delegated by the proposed Constitution to the federal government, are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce… The powers reserved to the several States will extend to all the objects which… concern the lives, liberties, and properties of the people…

Source: http://www.constitution.org/fed/federa45.htm

MADISON

Federal States

Federal [Delegated]

State [Reserved]

Federalism

AMENDMENT X

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.

Concurrent

Admit New States Coin Money Collect Tariffs

Declare War

Education

Establish Courts Weights and

Measures

Foreign Policy

Establish Local Governments

Army and Navy

Marriage Laws

National Defense

Immigration and Naturalization

Organize and Maintain Militia

Propose Constitutional Amendments

Ratify Constitutional Amendments

Punish Treason

Regulate Foreign Trade

Regulate Interstate Commerce

Regulate Intrastate Commerce

Taxation

& Everything Else

Separation of Powers

Montesquieu

– French Philosopher

– The Spirit of the Laws (1748)

Montesquieu

THREE BRANCHES OF GOVERNMENT

LEGISLATIVE (Congress)

EXECUTIVE (President)

JUDICIAL (Courts)

SEPARATION OF POWERS

Limits the power of the government.

Graphic Organizer 3.4

The Veto

• From Latin: “I Forbid”

• President checks Congress’ legislative power

• 2/3 Vote of Both Houses to Override

– 1845 – First Veto Overridden

Bill of Rights Limits national government from infringing

upon individual’s rights

ADOPTION OF THE BILL OF RIGHTS

• To satisfy the States-Rights advocates, a Bill of Rights was added to the Constitution to guarantee individual rights

• The Bill of Rights was ratified in December of 1791- three years after the Constitution was ratified

First Ten Amendments

Bill of Rights-1st 10 Amendments to the Constitution

Amendment Main Idea Specifics

1 Basic Freedoms Religion, Speech, Press, Assembly, and Petition

2 Self Protection Right to bear arms

3 Quartering Troops

Requires owner consent

4 Search and Seizure

Warrants and Probable Cause

5 Rights of the Accused

Jury, Due Process, and Confront accuser

Amendment Main Idea Specifics

6 Criminal Trials Speedy, Public, Impartial Jury, and Lawyer

7 Civil Trials Trial by Jury

8 Limits Fines and Punishments

Excessive Bail, Cruel and Unusual Punishment

9 Rights of the People

Cannot use your rights to harm others

10 Powers of the States and

People

Any powers not listed are RESERVED for states

OLDEST LIVING CONSTITUTION

How do we change the Constitution?

1. Elastic Clause

2. Necessary and Proper Clause

3. Amendments