A Little Bit of Government

Forming a more perfect union 1776: 13 colonies declare their independence from England: Need a government : American Revolution First government: Articles of Confederation: too weak..we got an F..too much power to states May—September 1787: Constitutional Convention:Philadelphia, Pennsylvania James Madison, Benjamin Franklin, George Washington “Me thinks I smell a rat.” Patrick Henry

More Perfect Union… United States Constitution: THE HIGHEST LAW IN THE LAND: OUR RULE BOOK Preamble: 5 goals for a more perfect union…We the People….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…”

Let’s sing it….

The Seven Articles… Seven main parts of the United States Constitution: Articles Article I: Legislative Branch Article II: Executive Branch Article III: Judicial Branch Article IV: States Rights Article V: Amending the Constitution Article VI: Supremacy of National Law Article VII: Ratification of the Constitution

Three Branches of Government Fear of Power: Separation of Powers: the idea to divide power among the three branches of government Legislative Branch: Congress: makes the laws ( PO) Executive Branch: President: enforces the laws (WE) Judicial Branch: Courts: interpret the laws (R) PO+WE+R=POWER

More about the tree…. Legislative: Congress: two houses: House of Representatives (435) and Senate (100)..makes laws Executive: President, Vice-President, Cabinet, executive agencies: enforce the law Judicial Branch: US Supreme Court ( 9) and all lower courts..judges the laws based on the CONSTITUTION

Another song….

Another way to divide power: Federalism Federalism: The idea of dividing power among the levels of government What are the levels? Federal/National..State, Local Some power is given ONLY to the Federal government: Delegated Powers: coin money, declare war, establish army Some power is given ONLY to the State government: Reserved Powers: issue license, education policy, safety and welfare issues Some power is shared by Federal and State: Concurrent Powers Some power is Prohibited: NO: habeas corpus, no bill of attainder, no ex post facto

Changing the Constitution: Amendments Amendments: Changes to the Constitution Only 27 Amendments in over 214 years Two steps to amend the Constitution: Propose and Ratify Propose: to suggest: Congress does this Ratify: to agree..to accept: States do this…3/4 of the states (38 states must ratify an amendment) First Ten Amendment are the Bill of Rights: The “I”..Rights of the Individuals

The Bill of Rights: Amendment 1: Expression Freedom of Speech…speech can be limited…slander Freedom of the Press…written speech..libel Freedom of Religion Right to Petition…protest..address the government Right to Assemble…meet as a group, protest..PEACEFUL

Amendment 2: Right to Bear Arms Original intent: Right to bear arms for the purpose of military purposes…militia Over the years the interpretation has changed..the court has changed the interpretation to mean the right of the people to bear arms---own weapons The question???? All weapons??? Should weapons be limited????

Amendment 3: No Quartering of Soldiers During colonial times England forced colonials to house British soldiers in their barns, warehouses, and even their homes This amendment says the government can not force the people to house soldiers in the private homes, businesses, or properties.

Amendment 4: No Unreasonable Search or Seizure Your private property or your private self can not be searched without just cause…Must have a reason Need for a search warrant….show probable cause…most times

Amendment 5: Rights of the Accused Right to grand jury…capital offense No double jeopardy No self-incrimination Eminent domain

Amendment 6: Right to Trial Right to a speedy, fair, impartial, trial by your peers

Amendment 7: Trial by Jury in Civil Cases In civil cases exceeding the value of $20.00, the right to trial by jury shall be preserved

Amendment 8: Excessive Fines, Cruel and Unusual Punishment Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.“ Bail: the temporary release of an accused person awaiting trial, sometimes on condition that a sum of money be lodged to guarantee their appearance in court Cruel and Unusual Punishment: Is the Death Penalty Cruel and Unusual Punishment????

Amendment 9 Rights of the People "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." the rights of the people are not limited to just the rights listed in the Constitution. Issue of privacy….

Amendment 10: State Powers Powers not given to the federal government belong to the states

Civil War Amendments: 13 th. Amendment Civil War : 1861— th. Amendment: December 1865 Abolished slavery

Civil War Amendment: 14 th. July, 1868 Defined citizenship: “all persons born or naturalized” Equal protection under the law” Due process of law

Civil War Amendment: 15 th. Amendment February, 1870 Gave African-American the right to vote Any American cannot be denied the right to vote, based on race, color or being a former slave.