Government, Citizenship, and the Constitution Chapter 8 Chapter 8

Principles The Constitution rests on seven basic principles Popular Sovereignty Limited Government Separation of Powers Checks and Balances Federalism Republicanism Individual Rights

Location in the Constitution Popular Sovereignty Authority for the government flows from the people Location in the Constitution Preamble “We the People”

Location in the Constitution Republicanism Citizens elect representatives to carry out their will Voting Location in the Constitution Preamble and Article I

Location in the Constitution Limited Government The government has only the powers the Constitution gives it Government officials are not above the law Location in the Constitution Articles I, II, III

Location in the Constitution Separation of Powers Government power is divided between three branches so that no one branch becomes too powerful Legislative - Congress Makes the laws Executive - President Carries out the laws Judicial – Supreme Court Interprets the laws Location in the Constitution Article I, II, III

Location in the Constitution Checks and Balances Each of the three branches exercises some control over the others, sharing power among them. Location in the Constitution Articles I, II, III

Location in the Constitution Federalism Power is divided (or shared) between the federal and the state governments State Set up public education issue licenses (marriage/driver, hunting) certificates for lawyers, doctors and teacher conduct elections Federal/National Coin money make treaties declare war regulate trade Shared Power Taxes setting up courts building highways Location in the Constitution 10th Amendment

Individual Rights The Constitution protects the rights of individuals Protect your unalienable rights Location in the Constitution Preamble and Bill of Rights

Preamble It is the introduction to the Constitution It states the purpose of the Constitution There are 6 goals outlined in the Preamble Goals: things the framers hoped to achieve

“We the people of the United States, in order to form a more perfect Union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessing of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America”

We the People of the United States, in order to form a more perfect Union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America”

To form a more perfect Union What does this mean? To stop thinking of themselves as separate states but as one nation

We the People of the United States, in order to form a more perfect Union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America”

Establish Justice What does this mean? Provide a uniformed system to settle disputes. Provide equal protection to all citizens

We the People of the United States, in order to form a more perfect Union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America”

Insure Domestic Tranquility What does this mean? Peace and Order at home Helping out in times of national need to keep peace and order

We the People of the United States, in order to form a more perfect Union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America”

Provide for the Common Defense What does this mean? Protect citizens from foreign attack army and navy

We the People of the United States, in order to form a more perfect Union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America”

Promote the General Welfare What does this mean? Provide for the well being of all citizens A law/tax must be in the best interest of everyone Food and Drug Administration Interstate roads The National Institutes of Health (NIH) is an agency of the United States Department of Health and Human Services and is the primary agency of the United States government responsible for biomedical and health-related research.

We the People of the United States, in order to form a more perfect Union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America”

Secure the Blessings of Liberty What does this mean? Freedom Proved freedom to all citizens

We the People of the United States, in order to form a more perfect Union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America”

Ourselves and our Posterity Posterity: all future generations

We the People of the United States, in order to form a more perfect Union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America”

Articles The main body of the Constitution, divided into seven sections, which establishes the framework for the United States government

Articles Article I: Legislative Article II: Executive Article III: Judicial Article IV: Relations among the states and Relations among states and federal government Article V: Amendment Article VI: National Supremacy Article VII: Ratification Lazy Elephants Jump Slowly And Sleep Regularly

Article I Legislative Branch This article set up the Congress The main goal of the Legislative Branch is to make the laws It describes the powers and limits on the Legislative Branch Congress is divided into 2 houses (bicameral) House of Representatives Senate

There are 535 members in the U.S. Congress The Capitol Building This is where the representatives to the House of Representatives and senators of the Senate meet. There are 535 members in the U.S. Congress

House of Representatives Article I section 2 There are 435 members of the House of Representatives The number of representatives per state is based on the population of the state Each state is guaranteed at least one representative. Each representative serves for two years Qualifications Must be at least 25 years old Must have been a U.S. citizen for at least 7 years Must be a resident of the state in which they are running Public Law 62-5, passed by the United States Congress on August 8, 1911, set the number of members of the United States House of Representatives at 435 effective with the 63rd Congress in 1913. It also included a provision for the addition of one seat each for Arizona and New Mexico when they became states.

Senate Article I Section 3 There are 100 members of the senate The number of senators is equal per state – each state has 2 senators Kay Bailey Hutchison John Cornyn They serve 6 year terms Qualifications Must be at least 30 years old Must have been a citizen for 9 years Must be a resident of the state in which they are running

Powers of Congress Article 1 Section 8 Power to tax (clause 1) Power to borrow money (clause 2) 4. Coin money, set weights & measure (clause 5) Declare war (clause 11) President Wilson asking Congress to declare war on Germany

6. Counterfeiting & Piracy 5. Responsible for the army and navy (clause 12 – 16) Appropriate money: to set aside an amount of money for a particular use 6. Counterfeiting & Piracy (clause 6 and 10)

7. Naturalization (clause 4) 8. Regulate Post Office (clause 7)

9. Control Commerce (clause 3) Commerce: an interchange of goods or commodities, esp. on a large scale between different countries

10. Approve Presidential Appointments Ratify Presidential Treaties (Article II Section 2) President George W. announces his nomination for Attorney General, Michael Mukasey. The Senate questions Mukasey Mukasey is confirmed and sworn in as Attorney General

11. Override Presidential vetoes (Article I Section 7) 2/3 vote in House (290) 2/3 vote in Senate (67)

12. Bring Impeachment charges against the President and Judges (Article 1 Section 3) Impeachment trail of William Clinton 1998 Impeachment trial of Andrew Johnson 1868

13. Set up Federal Courts (Article III Section 1)

Checks and Balances Which of the Powers of Congress are checks on the other two branches? Bring impeachment charges against President and Judges

Checks and Balances Approving Presidential appointments Which of the Powers of Congress are checks on the other two branches? Approving Presidential appointments

Which of the Powers of Congress are checks on the other two branches? Checks and Balances Which of the Powers of Congress are checks on the other two branches? Overriding Presidential vetoes 2/3 vote in House (290) 2/3 vote in Senate (67)

The Elastic Clause (Necessary and Proper Clause) Article I, Section 8, Clause 18 “The Congress shall have power . . . To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this the government of the United States, or in any department or officer thereof.” Congress can pass any law that helps them to carry out their enumerated powers. This clause enables Congress to stretch its powers to deal with the changing needs of the nation.

The Elastic Clause (Necessary and Proper Clause) Article I, Section 8, Clause 18 Examples Congress had the power to coin money and tax Created The United States National Bank Congress has the power to control interstate activity Federal Kidnapping Act

Article II Executive Branch This article explains the powers of the President and the Vice President. The main goal of the Executive Branch is to carry (execute) the laws. The Presidential Cabinet is also part of the Executive Branch. Examples: Department of Justice Department of Agriculture Department of Defense

The White House President's Cabinet President Barack Obama Vice President Joe Biden The White House President's Cabinet

22nd Amendment limited Presidents to 2 terms Qualifications Article II section 1 serve 4 years 22nd Amendment limited Presidents to 2 terms Qualifications (Clause 5) Must be at least 35 years old Must be a natural born citizen Must have been a resident of the United States for 14 years Elected by the Electoral College (Clause 2) Electors are selected by the choice of the Legislature of each state Number of Electors is equal to number of representatives plus senators of that state. The candidate who wins the popular vote in a state wins those electoral college votes. Maine and Nebraska split their votes when necessary

Powers of the Executive Branch Article II Section 2 Commander-in-Chief of the armed forces (Clause 1) President Bush, Russian President Putin Sign Nuclear Arms Treaty Make treaties (clause 2)

3. Grant Pardons and reprieves (clause 1) President Ford pardoned former President Nixon 4. Make appointments to Judicial Branch ( clause 2)

5. Veto bills passed by Congress (Article 1 Section 7) Obama – 2 vetoes

( not listed in the Constitution) 6. Give the State of the Union (Article II Section 3) 7. Call special sessions of Congress 8. Propose laws ( not listed in the Constitution) 52

Checks and Balances Veto bills Which of the Powers of the Executive are checks on the other two branches? Veto bills

Checks and Balances Make appointments Which of the Powers of the Executive are checks on the other two branches? Make appointments

Checks and Balances Grant Pardons and reprieves Which of the Powers of the Executive are checks on the other two branches? Grant Pardons and reprieves

Article III Judicial Branch Article III sets up the Supreme Court All other courts are set up by Congress The main goal of the Judicial Branch is to interpret the laws The Supreme Court is made up of one chief Justice and eight associate Justices The justices are appointed by the President and approved by the Senate

There are no age or education requirements for Supreme Court Justices Qualifications Article III Section 1 There are no age or education requirements for Supreme Court Justices Justices serve life terms in good behavior

Chief Justice John Roberts Stephen Breyer Samuel Alito Sonia Sotomayor Ruth Bader Ginsburg Chief Justice John Roberts Clarence Thomas Elena Kagan Antonin Scalia Anthony Kennedy

1st African American Supreme Court Justice Sonia Sotomayor 1st Hispanic Supreme Court Justice Thurgood Marshall 1st African American Supreme Court Justice Sandra Day O’Conner 1st Female Supreme Court Justice 1st African American Supreme Court Justice (1967 – 1971

Powers of the Supreme Court 1. Hears appeals from lower courts Article III Section 2 clause 2 District Courts Appellate Courts Supreme Court The Supreme Court can decide which cases to hear. They only hears cases dealing with Constitutional issues.

2. Original jurisdiction in special cases Article III Section 2 clause 2 District Courts Appellate Courts Supreme Court The Supreme Court hears a case first if: - Ambassadors or other public Ministers and Counsuls - when a State is a party 61

Chief Justice John Marshall 3. Declare laws unconstitutional – This is called Judicial Review Not in the Constitution established in the case Marbury v Madison William Marbury Chief Justice John Marshall 2. Can declare executive acts unconstitutional

4. “Court of Last Resort” - Supreme Court’s decisions are final District Courts Appellate Courts Supreme Court 63

Checks and Balances Declaring laws unconstitutional Which of the Powers of the Judicial are checks on the other two branches? Declaring laws unconstitutional 64

Checks and Balances Declaring executive acts unconstitutional Which of the Powers of the Judicial are checks on the other two branches? Declaring executive acts unconstitutional 65

Treason Article III Section 3 Clause 1 You have committed treason if you: - levy war against the US - aid enemies in war against the US You cannot be convicted of Treason unless there are two witnesses to the same act or you confess in court

Article IV Relations Among the States Relations between the States and Federal Government Section 1: Full Faith and Credit Explains that the states must respect the laws of all other states Privileges and immunities - Clause One of Section 2 requires interstate protection of "privileges and immunities". The ambiguity of the clause has given rise to a number of different interpretations. Some contend that the clause requires Congress to treat all citizens equally. Others suggest that citizens of states carry the rights accorded by their home states while traveling in other states. Neither of these theories has been endorsed by the Supreme Court, which has held that the clause means that a state may not discriminate against citizens of other states in favor of its own citizens. In Corfield v. Coryell, 6 F. Cas. 546 (C.C.E.D. Pa. 1823), the federal circuit court held that privileges and immunities in respect of which discrimination is barred include Section 2: Obligations of states privileges and immunities extradition of fugitives

Article IV Relations Among the States Relations between the States and Federal Government Section 3: How new states will be added and how to deal with territories of the US Organize a territory Have a constitutional convention and write a constitution Petition Congress

Section 4: Obligations of the US guaranteed a republican government protect states from invasion and domestic violence

Used successfully 26 times Used once – 21st Amendment Article V Amendments Proposal Ratification Proposal by 2/3rds vote of both houses of Congress Passage by 3/4ths of state legislatures Used successfully 26 times 290 in the House 67 in the Senate 38 states Used once – 21st Amendment Proposal by 2/3rds vote of national convention called by Congress on request of 2/3rds of state legislatures Passage by 3/4ths of special state conventions 33 states

Article VI National Supremacy The Constitution is the supreme law of the land “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the authority of the United States, shall be the supreme Law of the land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. “ When state and federal law conflict the federal law is supreme

Article VII Ratification Explains the process for ratifying the Constitution 9 out of 13 of the original states had to ratify in order for the Constitution to be adopted The Constitution was ratified in 1788

Bill of Rights James Madison wrote 12 amendments The first ten amendments added to the Constitution. James Madison wrote 12 amendments Congress proposed the 12 amendments in 1789. In 1791 the states had ratified 10 of the amendments, which became the Bill of Rights

1st Amendment Freedom of Religion, Speech, Press, Assembly, and Petition. There are limits: Harmful speech Cannot print what is not true Harmful practices of religion Riots ADD – picture from Newseum

2nd Amendment 3rd Amendment Right to Bear Arms Limits: Types of weapons Must have background checks 3rd Amendment Lodging Troops in Private Homes During peace without the consent of the owner or in time of war with law

4th Amendment 5th Amendment Search and Seizure No unreasonable searches or seizures No warrants issued without probable cause 5th Amendment Rights of the Accused - Grand Jury - Double Jeopardy - Self-Incrimination - Due Process of Law - Just Compensation

6th Amendment 7th Amendment Rights in a Criminal Case Right to a Speedy Trial Impartial jury Confront the witnesses against you Counsel (lawyer) 7th Amendment Jury Trial in Civil Cases (common law)

8th Amendment Bail and Punishment no excessive bail no cruel and unusual punishment

9th Amendment 10th Amendment Powers Reserved to the People You have more rights than those listed in the Bill of Rights - Right to privacy 10th Amendment Powers Reserved to the States States have the power as long as it is not a power delegated to the national government in the Constitution not prohibited to the states in the Constitution - education - marriage, drivers, etc. license

Most of these amendments reflect changes in: Since the Bill of Rights the Constitution has been amended only 17 times. Most of these amendments reflect changes in: Ideas of equality expansion of democracy

Civil War Amendments 13th, 14th 15th 13th Amendment (1865) Abolition of Slavery

14th Amendment (1868) 15th Amendment (1870) Rights of Citizens 1. all persons born in the US or who are naturalized are citizens 2. no state shall deny citizens their rights This meant the Bill of Rights applied to laws passed by the states as well. 15th Amendment (1870) Voting Rights for African Americans - you cannot deny someone the right to vote based on race

19th Amendment (1920) Women’s Suffrage - you cannot deny someone the right to vote based on sex

26th Amendment (1971) Voting age lowered to age 18