Chapter 8

Government, Citizenship, and the Constitution

Chapter 8

Principles• The Constitution rests on seven basic

principles1. Popular Sovereignty

2. Limited Government

3. Separation of Powers

4. Checks and Balances

5. Federalism

6. Republicanism

7. Individual Rights

Popular Sovereignty

• Authority for the government flows from the people

Location in the Constitution

Preamble

“We the People”

Republicanism

• Citizens elect representatives to carry out their will

• Voting

Location in the Constitution

Preamble and Article I

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

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

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

Federalism• Power is divided (or shared)

between the federal and the state governments

Federal/National

• Coin money

• make treaties

• declare war

• regulate trade

State

• Set up public education

• issue licenses (marriage/driver, hunting)

• certificates for lawyers, doctors and teacher

• conduct elections

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 domestictranquility, provide for the common

defense, promote the general welfare,and secure the blessings of liberty toourselves and our posterity, do ordainand 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 domestictranquility, provide for the common

defense, promote the general welfare,and secure the blessings of liberty toourselves and our posterity, do ordainand 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 domestictranquility, provide for the common

defense, promote the general welfare,and secure the blessings of liberty toourselves and our posterity, do ordainand 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 domestictranquility, provide for the common

defense, promote the general welfare,and secure the blessings of liberty toourselves and our posterity, do ordainand 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 domestictranquility, provide for the common

defense, promote the general welfare,and secure the blessings of liberty toourselves and our posterity, do ordainand 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

We the People of the United States, in order to form a more perfect Union,establish justice, insure domestictranquility, provide for the common

defense, promote the general welfare,and secure the blessings of libertyourselves and our posterity, do ordainand establish this Constitution for the United States of America”

to

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 domestictranquility, provide for the common

defense, promote the general welfare,and secure the blessings of liberty toourselves and our posterity, do ordainand 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 domestictranquility, provide for the common

defense, promote the general welfare,and secure the blessings of liberty toourselves and our posterity, do ordainand 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

ArticlesArticle 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

Article ILegislative 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

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 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

Each state is guaranteed at least one representative.

SenateArticle I Section 3

• There are 100 members of the senate

• The number of senators is equal per state – each state has 2 senators

•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

John CornynKay Bailey Hutchison

Powers of CongressArticle 1 Section 81. Power to tax

(clause 1)

2.Power to borrow money

(clause 2)

4. Coin money, set weights & measure

(clause 5)

3.Declare war(clause 11)

President Wilson asking Congress to declare war on Germany

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 AppointmentsRatify 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 trial of Andrew Johnson 1868

Impeachment trail of William Clinton 1998

13. Set up Federal Courts

(Article III Section 1)

Checks and BalancesWhich of the Powers of Congress are checks on the

other two branches?

Bring impeachment charges against President and Judges

Checks and BalancesWhich of the Powers of Congress are checks on the

other two branches?

Approving Presidential appointments

Checks and BalancesWhich 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.

Examples

The Elastic Clause(Necessary and Proper Clause)

Article I, Section 8, Clause 18

• 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 IIExecutive 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

President's Cabinet

The White House

President

Barack Obama

Vice President

Joe Biden

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 BranchArticle II Section 2

1. Commander-in-Chief of the armed forces(Clause 1)

2. Make treaties(clause 2)

President Bush, Russian President Putin Sign Nuclear Arms Treaty

4. Make appointments to Judicial Branch

( clause 2)

3. Grant Pardons and reprieves

(clause 1)

President Ford pardoned former President Nixon

5. Veto bills passed by Congress

(Article 1 Section 7)

Obama – 2 vetoes

8. Propose laws( not listed in the Constitution)

6. Give the State of the Union (Article II Section 3)

7. Call special sessions of Congress

(Article II Section 3)

Which of the Powers of the Executive are checks on the other two branches?

Checks and Balances

Veto bills

Which of the Powers of the Executive are checks on the other two branches?

Checks and Balances

Make appointments

Which of the Powers of the Executive are checks on the other two branches?

Checks and Balances

Grant Pardons and reprieves

Article IIIJudicial 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

QualificationsArticle III Section 1

• There are no age or education requirements for Supreme Court Justices

• Justices serve life terms in good behavior

Clarence Thomas

Stephen Breyer

Elena KaganAnthony

Kennedy

Chief Justice John Roberts

Antonin Scalia

Ruth Bader Ginsburg

Samuel AlitoSonia

Sotomayor

Thurgood Marshall

1st African American Supreme Court Justice

Sandra Day O’Conner

1st Female

Supreme Court Justice

Sonia Sotomayor

1st Hispanic

Supreme Court Justice

1. Hears appeals from lower courtsArticle 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.

Powers of the Supreme Court

2. Original jurisdiction in special casesArticle 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

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

Which of the Powers of the Judicial are checks on the other two branches?

Checks and Balances

Declaring laws unconstitutional

Which of the Powers of the Judicial are checks on the other two branches?

Checks and Balances

Declaring executive acts unconstitutional

TreasonArticle 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 IVRelations 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

Section 2: Obligations of states

• privileges and immunities

• extradition of fugitives

Article IVRelations 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 territoryHave a constitutional convention and write a constitutionPetition Congress

• Section 4: Obligations of the US

• guaranteed a republican government

• protect states from invasion and domestic violence

Article VAmendments

Proposal by 2/3rds vote of both houses of Congress

Proposal by 2/3rds vote of national convention called by Congress on

request of 2/3rds of state legislatures

Passage by 3/4ths of state legislatures

ProposalRatification

Used successfully

26 times

Used once – 21 st

Amendment

Passage by 3/4ths of special state conventions

38 states290 in the House

67 in the Senate

33 states

Article VINational Supremacy

• The Constitution is the supreme law of the land

• When state and federal law conflict the federal law is supreme

“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. “

Article VIIRatification

• 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

• Congress proposed the 12 amendments in 1789.

• In 1791 the states had ratified 10 of the amendments, which became the Bill of Rights

The first ten amendments added to the Constitution.

1st AmendmentFreedom of Religion, Speech, Press, Assembly, and Petition.

There are limits:

-Harmful speech

-Cannot print what is not true

-Harmful practices of religion

-Riots

2nd Amendment

Right to Bear Arms

Limits:

-Types of weapons

-Must have background checks

3rd AmendmentLodging Troops in Private Homes

- During peace without the consent of the owner

- or in time of war with law

4th AmendmentSearch 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

Rights in a Criminal Case

- Right to a Speedy Trial

- Impartial jury

- Confront the witnesses against you

- Counsel (lawyer)

7th AmendmentJury Trial in Civil Cases (common law)

8th Amendment

Bail and Punishment

- no excessive bail

- no cruel and unusual punishment

9th AmendmentPowers Reserved to the People

You have more rights than those listed in the Bill of Rights

- Right to privacy

10th AmendmentPowers 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

- 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 Amendments13th, 14th 15th

13th Amendment (1865)

Abolition of Slavery

14th Amendment (1868)

Rights of Citizens

1. all persons born in the US or who are

naturalized are citizens

2. no state shall deny citizens their rights

15th Amendment (1870)

Voting Rights for African Americans

- you cannot deny someone the right to vote based on race

This meant the Bill of Rights applied to laws passed by the states as well.

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