1. Government, Citizenship, and the Constitution
Chapter 8
Chapter 8

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

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

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

5. 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

6. 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

7. 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

8. 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

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

10. 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

11. “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”

12. 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”

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

14. 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”

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

16. 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”

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

18. 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”

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

20. 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”

21. 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.

22. 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”

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

24. 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”

25. Ourselves and our Posterity
Posterity: all future generations

26. 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”

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

28. 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

29. 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

30. 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

31. 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 It also included a provision for the addition of one seat each for Arizona and New Mexico when they became states.

32. 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

33. 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

34. 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)

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

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

37. 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

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

39. 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

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

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

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

43. 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)

44. 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.

45. 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

46. 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

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

48. 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

49. 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)

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

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

52. ( 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

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

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

55. 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

56. 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

57. 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

58. 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

59. 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

60. 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.

61. 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

62. 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

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

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

65. 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

66. 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

67. 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

68. 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

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

70. 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

71. 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

72. 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

73. 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

74. 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

76. 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

77. 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

78. 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)

79. 8th Amendment Bail and Punishment no excessive bail
no cruel and unusual punishment

80. 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

81. 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

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

83. 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

84. 19th Amendment (1920) Women’s Suffrage
- you cannot deny someone the right to vote based on sex

85. 26th Amendment (1971)
Voting age lowered to age 18