Foundations of the Constitution

1.Preamble to the United

States Constitution

Preamble

• What does the word mean?

• Introduction or introductory paragraph

6 Goals

• We the people of the United States, in order to form a more perfect Union, establish justice, insure the 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.

1. Form a more perfect Union

• Cooperation/ protection of the states

2. Establishing justice

• Article III, Federal Court system is created

• Allows for the states to create any courts they deem necessary (State, County, other local courts)

3. Insure domestic tranquility

• Keeping the peace at home (country)

4. Provide for the common defense

• Maintain order

• Maintain an Army/ Navy

5. Promote the general welfare

• Maintain order and take care of peoples needs

6. Liberty to ourselves and to our posterity

• Natural rights for you and other generations.

2.

– 3 Branches• Legislative, Executive, Judicial

– Each branch can ‘check’ (limit or watch) the power of the other branches

– No branch can overpower the other

Between Legislature and President

Between the

President

And Judicial Branch

Legislative Branch and Judicial Branch

3. Roles of the President

• See handout

4. Elections

• Popular Sovereignty – “We the people..”

• Federal and State Elections

– Controlled and administered by each state• Creates and distributes ballots• Organizes workers for each county• Counties organize townships/cities/villages• All levels report back to the state

November Elections

– Federal Level• President and VP (4)• Representatives (2)• Senators (6)

– State Level- Wisconsin • Governor (4)• Assembly (2) • Senators (4)

– County/Local• Various county level positions and referendums

Electoral College

– Held in December, elects President and VP

– Each state vote totals based on # of total national representatives

– VIDEO

– Why was this included

– Inauguration – currently January

April Elections

– Federal Level• Primaries if needed

– State Level• Judges• Referendums • Attorney General

– Local Level• School Board• County, Village, City Positions• Referendums

5. Federalism• Federalism is a system of government in

which the same territory is controlled by two levels of government.

• Federal verses state roles in government are described in Article I, Section 8 and Section 10; Article IV, Section 3 and Amendment XVI

• Enumerated – powers for Federal Government

• Reserved – powers for the State Governments

• Concurrent – powers shared by both Federal and State

• Necessary and Proper Clause – Elastic Clause

• Bill of Rights

• Amendments 13, 14, 15 and 19 – Power to enforce protection of citizens’ rights

Bill of Rights

• First 10 Amendments

• State basic rights that are protected under our form of government

• Examples: Identify the right violated and the Amendment.

- listen to examples read by teacher

Work on Federalism worksheet identifying enumerated, reserved and concurrent powers

6. Judicial Review

• Can be found in Article III, Section, Amendment VIII and Judiciary Act; Section 13

• Supreme Court Case Marbury v Madison 1803

7. Taxation

• Who pays taxes?

• Why do we have to have them?

• So where does all that money go?

• Who sets/creates tax law?

Who Pays?

http://money.cnn.com/2012/09/18/pf/taxes/romney-income-tax/index.html

Who pays?

http://www.washingtonpost.com/blogs/wonkblog/wp/2012/09/19/heres-why-the-47-percent-argument-is-an-abuse-of-tax-data/

Total rates paid

Types of TaxesFederal State/Local

Capital Gains Property Tax

Corporate Tax State Sales Tax

Estate Tax Gas Tax

Payroll Tax County Sales Tax

Social Security Tax Income Tax

Revenue Registration Fees

Gift Tax Sin Tax

Income Tax Hotel Tax

Alternative Minimum Tax 911 Tax

Medicare Tax Energy Tax

Gas Tax Hospital Tax

Tariffs on Imports

Use of Communications

Federal Corporate Income tax rates

Taxable IncomeMarginal Tax

RateIncome Tax Owed

OverBut not

over$0 $50,000 15% 15% of taxable income

$50,000 $75,000 25%15% x $50,000 = $7,500 plus25% x income over $50,000

$75,000 $10,000,000 34%*$7,500 + x (75,000 ‐ 50,000) = $13,750 plus34% x income over $75,000

$10,000,000 35%*$13,750 + 34% x (10,000,000 ‐ 75,000) = $3,388,250 plus35% x income over $10,000,000

Taxable Wage Income Paid by Employer Paid by Employee Total Rate

Social SecurityFor 2012: Up to

$110,1006.2% 4.2%* 10.4%

Medicare No limit 1.45% 1.45% 2.9%

Unemployment Up to $7,000 0.6% n.a. 0.6%**

http://www.pgpf.org/Issues/Taxes/2012/04/041612-tax-rate-explainer.aspx

Payroll tax rates: Social Security, Medicare and Unemployment

So where does my federal tax

dollar go?

Neat little resource:

http://www.wheredidmytaxdollarsgo.com/

http://www.suamico.org/vertical/Sites/%7B45ABEC40-1B53-4698-9F4A-82423A76E337%7D/uploads/4thQ2011_Newsletter.pdf

What are your tax dollars used for?

• Transportation (Roads/Hi-Ways, Airports, Train/Rail, Shipping/Ports)

• Education (PK-12, Tech Schools, Public Colleges) • Health and Human Services• Law and order, EMT, Fire• Housing, Sewer, Water, Power, Safety, Planning, Parks• Culture, Media, Sport and Recreation• Trade, Industry and Business Development• Environment, food and rural affairs• Overseas development and Defense/Military• Farming, Mining, Oil/Gas/Wind/Ethanol/Hydro, other

So who makes these appropriation bills?

• Congress (House of Representatives and Senate)

• Congress (State Assembly and Senate)

• County Board

• City Council

• Village Board

• Township Board Members

• School Board

8. How a Bill Becomes a Law (HABBAL)

Project

• See handout for project explanation

Example: Poverty

• Issues associated with Poverty– Homeless Shelters (local Green Bay)– Medicaid (some connections to Affordable

Healthcare Act)– Food Stamp – Social Security (currently discussions on

raising age, contributions)– Voter ID (Wisconsin Bill passed requiring to

vote but has been declared unconstitutional)– Job Training (Wisconsin Job Center)

Connections to Foundations

• 1. Preamble• Promote the General Welfare

– Government needs to take care of people’s needs– For example Medicaid

» Payroll taxes go to support this government program» Citizens fill out paper work to get approval to

participate in program. You have to qualify (show economic need).

» Amount of benefits will be determined based on your need.

• 2. Federalism – Concurrent Power

• Both state and federal Government have the ability to tax to provide benefits to those in need.

• Ex. Medicaid is a Federal Program that is administered at the state level. Funding is shared between federal and state levels.

• Homeless shelters are often ran by charity groups but can apply for state and/or federal grants.

• 3. Taxation– Taxes are collected from payroll taxes

(federal and state) and sales tax (state) to support government spending.

– Tax rates • County – Local Law enforcement help homeless

individuals/families find shelter availability. • State – Grants/Funding set by State Legislators • Federal – Grants/Funding set by Congress• Money collected is then dispersed according to the

approved budget.

• 4. Checks and Balances (hypothetical example)– Congress passes legislation to end eligibility

for Social Security Benefits for those born after 1990.

– The President vetoes legislation.– Congress overrides veto with 2/3 majority– An 18 year old sues Federal Government on

basis of discrimination– Case moves through judicial process and is

declared unconstitutional by the Supreme Court

• 5. Roles of the President– Chief Executive: President could create a new

department to deal with issues related to poverty

– Chief Legislature: In the annual State of the Union Address the President can urge Congress to pass legislation expanding or limiting benefits to those in poverty.

– Chief Administrator: The President can hold meetings with the federal departments that deal with poverty. Ex. Department of Health and Human Services and Department of Housing and Urban Development

Bibliography

Appleby, Joyce, Alan Brinkley, Albert Broussard, Donald Ritchie, and James McPherson. American Journey. Columbus, OH: Glencoe, 2009.

 

CNN. "11:50 AM ET Poverty and the fiscal cliff: Los Angeles Mayor Villlaraigosa." CNN. Last modified November 19, 2012. Accessed November 26, 2012.

http://startingpoint.blogs.cnn.com/2012/11/19/poverty-and-the-fiscal-cliff-los-angeles-mayor-villlaraigosa-on-new-report-showing-strong-economy-is-key-to- ending-poverty/?iref=allsearch.

 

Department of Housing and Urban Development. Accessed November 26, 2012. http://portal.hud.gov/hudportal/HUD.

 

White House. Accessed November 26, 2012. http://www.whitehouse.gov.