Chapter 5: Citizenship and Constitution

Learning Goal…  What are the three types of powers given to the Central and State governments?  What are the 3 Branches of Gov’t, and what makes up each branch?

Understanding the Constitution  Our government had a Federal System  it divides power between the states and the federal gov’t. Washington D.C.Sacramento, CA

 It has 3 types of powers 1.Delegated powers – powers assigned to the national govt.  include right to coin money and regulate trade  “elastic clause” – Congress may “make all Laws which shall be necessary and proper”  This clause is used to deal with new and unexpected issues

2.Reserved powers – these are powers kept by the states  include creating local govt. / holding elections / running schools

3. Concurrent powers – powers shared by both state and federal govt.  include taxing, borrowing money, enforcing laws

The 3 Branches of Govt. 1. Legislative Branch – Congress 2. Executive Branch – President 3. Judicial Branch – Supreme Court

Legislative Branch - Congress  Article I of the Constitution defines this branch  Bicameral  Senate  House of Representatives Senate House of Representatives

Senate  2 members per state  50 states x 2 members =100 total  Serve 6 year terms  Requirements:  30 years old  U.S. citizen for 9 years  Live in the state they represent  U.S. Vice President serves as president of the Senate and votes to break ties

House of Representatives  U.S. Census determines number or reps. per state  this is called apportionment  Serve 2 year terms  Requirements:  25 years old  U.S. citizen for 7 years  Live in the state where elected

Separation of powers – What does Congress do? 1. Writes the laws 2. Confirms Presidential appointments 3. Approves trades 4. Grants money 5. Declares war

Executive Branch – President  Article II lists the presidential powers  Requirements:  Native born U.S. citizen  35 years old  U.S. resident for 14 years  Serves 4 year term, with a max of 2 terms

Separation of Powers – What does the President do? 1. Proposes laws 2. Administers the laws 3. Commands the armed forces 4. Appoints ambassadors and other officials 5. Conducts foreign policy 6. Makes treaties

Judicial Branch – Supreme Court  Article III generally outlines the courts duties  Interprets the Constitution and other laws  Reviews lower-court decisions  Justices are appointed for life  District Court  Court of Appeals  U.S. Supreme Court

9 Justices sit on the Supreme Court  Current Chief Justice – John Roberts  Current Associate Justices: – John Paul Stevens, Antonin Scalia, Anthony M. Kennedy, Clarence Thomas, Ruth Bader Ginsburg, Stephen G. Breyer, Samuel A. Alito, Sonia Sotomayor.  1st African American – Thurgood Marshall  1st Woman – Sandra Day O’Connor

Checks and Balances (see G.O.)  Legislative Branch - Checks on:  Executive Branch  May reject appointments  May reject treaties  May withhold funding for presidential initiatives  May impeach president  May override a veto  Judicial Branch  May propose constitutional amendments to overrule judicial decisions  May impeach Supreme Court Justices

Checks and Balances  Executive Branch - Checks on:  Legislative Branch  May adjourn Congress in certain situations  May veto bills  Judicial Branch  Appoints judges

Checks and Balances  Judicial Branch - Checks on:  Executive Branch:  May declare executive actions unconstitutional  Legislative Branch:  May declare laws unconstitutional

Ratifying the Constitution Federalists Supported the Constitution Believed the Constitution offered good balance Wrote a series of essays called The Federalist Papers tin support of Constitution Anti- Federalists Opposed the Constitution Constitution gave too much power to central government Believed the Constitution needed a section on individual rights

Ratification  In order to be ratified, the Constitution needed only 9 states to pass.  Every state, except RI, held special conventions that gave citizens the chance to discuss and vote.  December 7,1787 –DE became the first state to ratify  Went into effect after NH ratified it in June 1788

The Bill of Rights  Many states only ratified the Constitution when they were promised that a bill protecting individual rights would be added to it Bill of Rights  First 10 amendments that protect citizens’ rights.  Amendment: official changes to the Constitution.

Amendments to the Constitution

1 st Amendment: (1791) guarantees freedom of speech, press, religion, assembly and petition.

2 nd Amendment: (1791) guarantees the right to each citizen to bear arms.

3 rd Amendment: (1791) guarantees that govt. cannot house soldiers in homes of private citizens, without their consent, during peacetime.

4 th Amendment: (1791) protects citizens from unreasonable searches and seizures (must have a warrant).

5 th Amendment: (1791) guarantees citizens cannot be deprived of Life, Liberty and or Property without due process of law (double jeopardy).

6 th Amendment: (1791) guarantees due process of law.

7 th Amendment: The accused has a right to trial by jury.

8 th Amendment: (1791) protects citizens from unreasonable bail and cruel and unusual punishment.

9 th Amendment : Allows courts and Congress to decide other basic rights of citizens.

10 th Amendment : Any powers not given to the federal govt. belong to the states.