Holt Call to Freedom Chapter 9 Citizenship and the Constitution 1787 – present

9.1 Understanding the Constitution Objectives:  Explain how the framers of the Constitution tried to balance state and federal powers.  List the three branches of federal government and describe the requirements for membership in each branch.  Analyze how power is divided between the three branches of government. © Holt Call to Freedom Lecture Notes 2

I. The Federalist System © Holt Call to Freedom Lecture Notes 3

I. The Federalist System A.The United States is a representative democracy – a government led by officials chosen by the people. © Holt Call to Freedom Lecture Notes 4

B. Powers 1.Powers granted in the Constitution to the federal government are delegated powers. 2.Article I, Section 8, also called the elastic clause, provides flexibility so that the government can respond to unexpected situations and “make all laws which shall be necessary and proper” for carrying out its duties. © Holt Call to Freedom Lecture Notes 5

B. Powers 3.Powers kept by the state government or by citizens are reserved powers. 4.Concurrent powers are powers shared by the federal and state governments. © Holt Call to Freedom Lecture Notes 6

II. The Legislative Branch © Holt Call to Freedom Lecture Notes 7

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A. Separation of Powers 1.Each of the government’s three branches has specific powers. 2.This separation of powers keeps any one branch from becoming too powerful. © Holt Call to Freedom Lecture Notes 9

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B. Congress 1.Makes the nation’s laws; divided into two houses 2.Congress uses apportionment, or planned distribution, to determine how many of the 435 representatives each state receives in the house. 3.The Senate is made up of two representatives, or senators, from each state. © Holt Call to Freedom Lecture Notes 12

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III. The Executive Branch © Holt Call to Freedom Lecture Notes 14

III. The Executive Branch A.Powers are specified in Article II of the Constitution. © Holt Call to Freedom Lecture Notes 15

III. The Executive Branch B.Enforces the laws that Congress passes. © Holt Call to Freedom Lecture Notes 16

C. The President 1.Must be at least 35 years old, a native-born U.S. citizen, and have lived in the United States for at least 14 years 2.Presidential elections are held every four years. © Holt Call to Freedom Lecture Notes 17

C. The President 3.House of Representatives can impeach, bring charges against, a president. 4.Senate tries all impeachment cases and can remove the president from office. © Holt Call to Freedom Lecture Notes 18

IV. Working with Congress © Holt Call to Freedom Lecture Notes 19

Andrew Johnson 17 th President Acquitted 5/26/1868 Richard Nixon 37 th President Resigned 8/9/1974 Bill Clinton 42nd President Acquitted 2/12/1999 Source:

A. Making Laws 1.President can veto, or cancel, laws that Congress passes. 2.Congress can override, or undo, a veto by a two-thirds majority vote. 3.In certain cases, presidents can issue an executive order, which has the force of law. © Holt Call to Freedom Lecture Notes 21

A. Making Laws 4.President has the power to pardon, or grant freedom from punishment, people accused or convicted of crimes. 5.President is also commander in chief of the U.S. armed forces. © Holt Call to Freedom Lecture Notes 22

IV. Working with Congress B.The cabinet advises the president and consists of heads of executive departments. © Holt Call to Freedom Lecture Notes 23

 Agriculture  Commerce  Defense  Education  Energy  Health and Human Services  Homeland Security  Housing and Urban Development  Interior  Labor  State  Transportation  Treasury  Veterans Affairs  Attorney General The Cabinet includes the Vice President and the heads of 15 executive departments, the Secretaries of

V. The Judicial Branch © Holt Call to Freedom Lecture Notes 25 Source:

V. The Judicial Branch A.Article III of the Constitution outlines the courts’ duties. © Holt Call to Freedom Lecture Notes 26

V. The Judicial Branch B.A federal court can strike down state or federal laws it finds to be unconstitutional. © Holt Call to Freedom Lecture Notes 27

V. The Judicial Branch C.Has 94 district courts and 13 courts of appeals, which review lower-court decisions © Holt Call to Freedom Lecture Notes 28

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VI. The Supreme Court © Holt Call to Freedom Lecture Notes 30

VI. The Supreme Court A.Hears appeals on cases from courts of appeals © Holt Call to Freedom Lecture Notes 31

VI. The Supreme Court B.Decisions are final. © Holt Call to Freedom Lecture Notes 32

VI. The Supreme Court C.Hears all cases involving international diplomats or disputes between states © Holt Call to Freedom Lecture Notes 33

D. The Justices 1.Traditionally has nine justices, led by the chief justice 2.Thurgood Marshall became first African American justice in Sandra Day O’Connor became first female justice in © Holt Call to Freedom Lecture Notes 34

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9.2 The Bill of Rights Objectives:  Discuss the main freedoms outlined within the First Amendment and analyze the importance of each.  Outline how the Bill of Rights addresses colonial grievances listed in the Declaration of Independence.  Examine the protections that the Bill of Rights gives to people accused of crimes. © Holt Call to Freedom Lecture Notes 37

I. The First Amendment © Holt Call to Freedom Lecture Notes 38 Source:

I. The First Amendment A.Federalist James Madison kept his promise to prepare a bill of rights for the Constitution. © Holt Call to Freedom Lecture Notes 39

I. The First Amendment B.First 10 amendments, called the Bill of Rights, protect citizens’ individual liberties. © Holt Call to Freedom Lecture Notes 41

C. The First Amendment 1.Does not allow Congress to support of interfere with the practice of religion 2.Guarantees freedom of the press and freedom of speech; does not protect libel, slander, or speech that endangers public safety © Holt Call to Freedom Lecture Notes 42

C. The First Amendment 3.Protects freedom of assembly, or the right to hold meetings 4.Protects citizens’ right to petition, or make a request of government © Holt Call to Freedom Lecture Notes 43

II. Protecting Citizens © Holt Call to Freedom Lecture Notes 44

A. Second Amendment 1.Right to bear arms. 2.U.S. Supreme Court ruled that gun control laws do not violate the Second Amendment. © Holt Call to Freedom Lecture Notes 45

II. Protecting Citizens B.Third Amendment keeps the military from forcing citizens to house soldiers. © Holt Call to Freedom Lecture Notes 46

C. Fourth Amendment 1.Protects against unreasonable searches and seizures of property 2.Requires officials to obtain a search warrant – an order permitting them to look through someone’s property-in most cases © Holt Call to Freedom Lecture Notes 47

III. The Rights of the Accused © Holt Call to Freedom Lecture Notes 48

A. Fifth Amendment 1.Requires due process, or fair application of the law, for the accused 2.A grand jury must decide if there is enough evidence to indict, or formally accuse, a person suspected of violating the law. © Holt Call to Freedom Lecture Notes 49

A. Fifth Amendment 3.Anyone found not guilty in a trial cannot face double jeopardy, or be tried for the same crime again 4.Grants government the power of eminent domain – the power to take personal property to benefit the public © Holt Call to Freedom Lecture Notes 50

III. The Rights of the Accused B.Sixth Amendment protects the rights of those indicted for a crime. © Holt Call to Freedom Lecture Notes 51

III. The Rights of the Accused C.Seventh Amendment states that juries can decide civil cases, which usually involve disputes over property © Holt Call to Freedom Lecture Notes 52

IV. Bail and Punishment © Holt Call to Freedom Lecture Notes 53

A. Eighth Amendment 1.Allows defendants to post bail 2.Judges can deny bail if the crime is serious or the defendant might flee. 3.Bans cruel and unusual punishment © Holt Call to Freedom Lecture Notes 54

IV. Bail and Punishment B.Supreme Court has ruled that the death penalty is not cruel and unusual if certain guidelines are followed. © Holt Call to Freedom Lecture Notes 55

V. The Rights of States and Citizens © Holt Call to Freedom Lecture Notes 56

V. The Rights of States and Citizens A.Ninth Amendment states that the rights listed in the Constitution are not the only rights that citizens have. © Holt Call to Freedom Lecture Notes 57

V. The Rights of States and Citizens B.Tenth Amendment recognizes that the states and citizens have powers beyond those listed in the Constitution. © Holt Call to Freedom Lecture Notes 58

9.3 Rights and Responsibilities of Citizenship Objectives:  Describe how a person can become a U.S. citizen.  Identify some of the most important responsibilities of citizenship.  Evaluate why citizens should be involved with their community and government. © Holt Call to Freedom Lecture Notes 59

I. Becoming a U.S. Citizen © Holt Call to Freedom Lecture Notes 60

I. Becoming a U.S. Citizen A.Anyone born in the United States or a territory it controls is a citizen. © Holt Call to Freedom Lecture Notes 61

B. People of Foreign Birth 1.When a foreign-born person is granted full citizenship, he or she becomes a naturalized citizen. 2.People who move permanently to a new country are called immigrants. 3.Legal immigrants have many of the same rights and responsibilities as citizens but cannot vote or hold office. © Holt Call to Freedom Lecture Notes 62

B. People of Foreign Birth 4.The U.S. government can deport, or return to the country of origin, any immigrant who breaks the law. 5.Legal immigrants over age 18 may petition for naturalization. © Holt Call to Freedom Lecture Notes 63

II. Duties of Citizens © Holt Call to Freedom Lecture Notes 64

A. The Laws 1.Citizens must obey laws. 2.Can challenge laws in the courts © Holt Call to Freedom Lecture Notes 65

II. Duties of Citizens B.Citizens must respect people in authority and the rights of others. © Holt Call to Freedom Lecture Notes 66 Your right to swing your fist ends where my nose begins

C. Taxes 1.Citizens must pay taxes. 2.Taxes pay for public roads, police, public schools, and other services. © Holt Call to Freedom Lecture Notes 67

D. Defending the Nation 1.Citizens have the duty to protect and defend the nation from harm. 2.Federal government can establish a draft, or requirement of military service. 3.Citizens can be called to serve on a jury. © Holt Call to Freedom Lecture Notes 68

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III. Citizens and Elections © Holt Call to Freedom Lecture Notes 70

I. Becoming a U.S. Citizen A.Citizens choose their leaders through free elections. © Holt Call to Freedom Lecture Notes 71

III. Citizens and Elections B.May give money to candidates directly or through political action committees (PACs) – groups that collect money for candidates who support certain issues © Holt Call to Freedom Lecture Notes 72

III. Citizens and Elections C.Citizens must be at least 18 years old to vote. © Holt Call to Freedom Lecture Notes 73

IV. Citizens and Government © Holt Call to Freedom Lecture Notes 74

IV. Citizens and Government A.Citizens should share their views, needs, and wants with their political leaders. © Holt Call to Freedom Lecture Notes 75

IV. Citizens and Government B.Can join interest groups to lobby, or try to influence, politicians on certain issues © Holt Call to Freedom Lecture Notes 76

IV. Citizens and Government C.Can write letters to political leaders or attend public meetings © Holt Call to Freedom Lecture Notes 77

V. Community Service © Holt Call to Freedom Lecture Notes 78

A. Civic Virtue 1.Civic virtue is a commitment to help others. 2.Moves many Americans to help their neighbors © Holt Call to Freedom Lecture Notes 79

B. Organizations 1.Volunteers in community service groups help provide many public services. 2.Some civic groups work with the government, such as the American Red Cross. © Holt Call to Freedom Lecture Notes 80

B. Organizations 3.Red Cross helps people affected by natural disasters or other emergencies. 4.Boy Scouts and Girl Scouts undertake many community service projects. © Holt Call to Freedom Lecture Notes 81