Constitution Study Guide

The Three Branches of Government Executive Enforces the countries laws Headed by the President Serves a 4 year term Also includes: Army, Navy, Air Force, Marines, Coast Guard, National Guard, The Police, His Cabinet Legislative Law making branch of our government Congress Judicial Judges whether laws follow the true meaning of the Constitution Headed by the Supreme Court (appointed for life or until they decide to retire) Also: the U.S. court system and it’s supporters The Senate The House of (6 years) Representatives (2 years)

Major Constitutional Amendments The first 10 are called: “The Bill of Rights” (not now…. In a little bit….) First…..

The Civil War Amendments All were ratified (approved) at the end of the Civil War 13 th Amendment 14 th Amendment 15 th Amendment All slaves would now be free. Formers slaves were now American citizens (and should be treated equally). Former slaves had the right to vote (men).

Others 16 th Amendment (43 years after 13/14/15th) Congress can collect a tax on people’s income. 18 th Amendment (1919): Prohibition: Illegal to make, sell, or transport alcohol in any way.

21st Amendment: (1932) Did away with the 18thAmendment.

More… 22 nd Amendment: No one can ever be elected President more than twice. 24 th Amendment: Poll taxes are illegal.

And… 25 th Amendment: 1.If the President can’t be in power, the Vice President takes over. 2.If there’s no Vice President, the President can name a new one (approved by the Senate) 3.If the President is sick, he can temporarily give power to the Vice President. 26 th Amendment: Lowered the voting age from 21 to 18 (in 1971)

The 27 th Amendment Congress cannot vote itself a pay raise – any pay raise only counts for the next Congress

Now…. The Bill of Rights

1 st Amendment (lists 5 freedoms people have by being here) 1.Freedom of religion: you can be any religion you wish – or none if you wish (goes back to the Church of England being tied in directly with the British government). 2.Freedom of speech: as long as it is true 3.Freedom of the press: as long as it’s true 4.Freedom of assembly: people can get together for any reason (peaceful, or even in protests) 5.Freedom of petition: the government should help you out if you “petition” them (ask them).

2 nd Amendment People have the right to “keep and bear arms” This was written 230 years ago The question today is what they really meant: For hunting? For protection? For rebelling against your government if you need to? Guns are much different today than in 1776

3 rd Amendment Soldiers cannot stay in your home without your permission This comes from colonial times – when the British government couldn’t afford food and places to stay for all it’s soldiers in the colonies – so they sometimes could live in citizen’s homes and those people “supported” them.

4 th Amendment Police need a search warrant to enter your home. Police need a court order to take any of your property.

5 th Amendment No one can be tried for the same crime more than once. (except – criminal and civil cases are different) No-one can be forced to testify against themselves. (You are innocent until you’re proven guilty) The government can’t take your property without paying a fair price for it. (Such as your land to build a new…) People must have fair trials.

6 th Amendment If you are charged with a crime… you have the right to: 1.a jury trial 2.a speedy trial 3.know why you’ve been arrested

7 th Amendment A person involved in a lawsuit can have a jury trial if they want one

8 th Amendment Bail cannot be too high (the amount of money you pay to get out of jail) Fines and punishments for crimes must be fair and proportionate.

9 th Amendment There are many rights that aren’t put into the constitution.

10 th Amendment Powers not given to the United States government in the constitution, are given to the states and the people. (Has to do with Reserved Powers, Implied Powers, etc… which we’ll look at later)

The Right to Vote

To register to vote: Elections are done through the County Clerk’s office. You have to register to vote at least 30 days before the election You must be an American citizen (born in the U.S. or born to American parents) You must be at least 18 years old on election day. You must have lived in the state for at least 30 days

Voting today: Anyone over 18 - unless You’ve been convicted of a felony If you have a mental illness that keeps you from making good decisions

The Flag Red: for sacrifices made for this country White: A new and fresh beginning Blue: color of loyalty 13 stripes: original 13 colonies 50 stars: 50 states today Presenting: In the middle, highest, first Disposing: destroy by giving to the VFW lodge

Governmental Powers

The 6 different powers: 3 Delegated Powers: given to the national government by the Constitution. 1.Expressed Powers: Powers written in the Constitution. 2.Implied Powers: Not written, but implied in the Constitution. 3.Inherent Powers: Powers a government has just because they’re the government. Reserved Powers: powers only the states can use. Concurrent Powers: shared by both the states and the federal government.

Given to the Federal Government by the Constitution How to remember: Delegated means put in charge of something Examples: make treaties and deal with foreign policies, take control in emergency situations

Written out in the Constitution How to remember: If you express yourself, you say / write exactly what you want Examples: the power to declare war, build and arm an army, Navy, Air Force, Marines, Coast Guard, National Guard

Not written, but implied in the Constitution How to remember: Implied means suggested Examples: the ability to make money, establish post offices, regulate interstate trade (between states), protection of savings, use of energy resources

Powers a government has, just because they’re the government. How to remember: Inherent is like inherit and if you inherit something, you get it just because of who you are Examples: getting new territories, deciding who can come into the country

Powers only the states can have How to remember: Reserved means saved for someone else Examples: driving age, marriage age, conduct local and state elections, take care of public health and safety, regulate intrastate business (within the state), elections of local officials

Shared by both the states and the federal government How to remember: current is like swimming along with the current Examples: paying and collecting taxes, building roads, borrowing money, establishing court systems, making and enforcing laws, spend money for the general welfare of people, use private property for public use (with just compensation)

How to Change / Amend the Constitution

Amendments: (changes or additions to the constitution) 1st a new amendment must be proposed (suggested) 2nd the amendment must be ratified (approved) Could happen by: 2/3 of both houses of Congress approve a proposal. or… A special convention requested by 2/3 of the states Could happen by: Approved by legislatures of 3/4 of the states or… Approved by special conventions in 3/4 of the states

It’s not easy to change the Constitution Getting 2/3 or 3/4 of a group of people to agree on anything is tough – it takes 38 out of 50 states to ratify an amendment. And… the people make the real final decision. Most amendments are done through state legislatures. One thing that can never be changed: each state gets 2 Senators

The other side of the sheet