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 [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)
The Veto
• From Latin: “I Forbid”
• President checks Congress’ legislative power
• 2/3 Vote of Both Houses to Override
– 1845 – First Veto Overridden
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