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