Civics/GeographyUNIT 1 QUESTION 2

SEPTEMBER 12

Stinger

Identify three basic beliefs of the classical republicans.

Identify two important natural rights philosophers.

What is a social contract?

Unit 1 Question 2

What are the fundamental characteristics of a constitutional government? In what ways does constitutional government mean

limited government? Describe at least three provisions of the constitution

that provide a means of preventing the abuse or misuse of government power. Explain how these provisions work in our system of government today.

Graphic organizers

Frayer model for Constitution Fold a paper once vertically and once horizontally to make four quadrants

Write the word constitution in the middle

Be prepared to write a definition for constitution in the upper left hand corner.

In the upper right hand corner write “A constitution is”

In the lower right hand corner write “A constitution is not”

In the lower left hand corner write “examples”

Triangle of Checks and balances On the back of the paper, draw a triangle.

Label each corner as either congress, executive, or judicial.

Frayer Model

Definition A Constitution is

Examples A Constitution is notConstitution

Checks and balances triangleLegislative

Executive Judicial

What is a constitution

A social contract An agreement between the people and the

government that describes what power and responsibilities the government has as well as what powers, rights, and responsibilities people have

A list of rules for the Government to follow (not a list of rules for the people)

A blueprint or design of government structures

Limited Government

Rule of Law- even people in power have to follow rules set forth by the constitution

Keeps politicians from abusing power

Allows people to have the ultimate check on government power

Constitutions spell out government powers including things that government can and cannot do

Some constitutions provide consequences for what will happen if government officials abuse their powers

Prime ministers can be removed by parliamentary vote in most parliamentary governments

Some prime ministers can dissolve parliaments and/or call for new elections if the legislature is not working

Some legislatures can overturn executive decisions

Some judiciaries have the power to approve or disapprove of laws in advance of their passage

Tricky Stuff

Not all constitutions are written down (The British have an unwritten constitution that is one of the oldest in the world!)

Just because a government has a constitution does not mean it is a constitutional government Constitutions only “count” if they truly limit government power

The Chinese government has a constitution in which the phrase that allows individuals to have power unless it conflicts with the needs of the state, therefore, there are no true limitations on Chinese power

How the United States Constitution Limits Power: Specific protections Protection of writ of habeas corpus (Article I section 9)

Protection of right to trial by jury (Article III section 2)

Protections of multiple individual rights Religion, speech, press, petition assembly (Amendment 1)

Bearing arms (Amendment 2)

Freedom from quartering troops (Amendment 3)

Freedom from unreasonable searches and seizures (Amendment 4)

Freedom from self incrimination (Amendment 5)

Specific rights of the accused (Amendment 6)

Right to a civil jury (Amendment 7)

Freedom from cruel or unusual punishments (Amendment 8)

Rights that haven’t been written down (Amendment 9)

Right to all powers not given to the federal or state governments (Amendment 10)

Right to vote (all men: 15; women: 19; if you live in DC:23, without paying taxes: 24, over 18:26)

ETC!!!!

How the United States Constitution Limits Power: Checks and Balances Not just “Parchment barriers”

Legislative branch can Check the executive by

Refusing to approve appointments

Refusing to ratify treaties

Not providing funding

Passing acts of censure

Overriding a presidential veto

Impeaching the president

Check the judicial branch by Refusing to approve judges

Changing the jurisdiction of the court, except the original jurisdiction of the Supreme Court

Beginning the process to amend the Constitution

Limiting judicial pay increases

Impeaching judges

How the United States Constitution Limits Power: Checks and Balances

The executive can Check the legislature by

Vetoing a bill

Calling a special session of Congress

Operating while Congress is out of session

Check the judicial branch by

Appointing judges and justices

Refusing to enforce judicial rulings

The judicial branch can Check the executive by

Issuing a writ of mandamus to force the executive to do something

Declaring actions unconstitutional and therefore null and void

Check the legislature by

Reinterpreting legislation

Declaring legislation unconstitutional and therefore null and void

How the United States Constitution Limits Power

Reserving certain powers to the states (Amendment 10)

Reserving certain powers to the people (Amendment 10)

Providing for frequent elections, because the ultimate check on government power comes from the PEOPLE!!

To Do Now and for Homework:

Now: Read “Limiting Government” article

Complete Worksheet

Turn in

For Homework: Read “Rule of Law” Article

Complete Worksheet

Turn in on September 16

Exit Ticket

1. What is a constitution?

2. What is a constitutional government?

3. What do constitutions have to do with limited power and rule of law?