EOC Review Week 1 Day 2 The Preamble The Constitution begins with a one sentence introduction called the Preamble. The Preamble explains the goals and purposes of the government. The Preamble starts with the phrase “We the People, of the United States” It then lists six goals and purposes of the government: 1. form a more perfect union 2. establish justice (rule of law) 3. insure domestic tranquility (Peace IN the USA) 4. provide for the common defense (Military) 5. promote the general welfare 6. secure the blessings of liberty to ourselves and our posterity (Protect their freedoms and the freedom of future generations) Guiding Questions 1. The first goal stated in the preamble is the create a “more perfect union.” What was the Constitution replacing? 2. Why did the writers of the Constitution start with the phrase “We the people”? Checks and Balances When the government can only do what the people allow it to= limited government In the U.S. the Constitution (a written agreement) is what limits the government. Constitutional Gov. Government based on written set of laws that citizens agree to. The Constitution is the highest law of the land. The Constitution limits the power of both the federal and state governments. The Constitution separates power so that no one can have all of the power. The Framers created a federal government with three (3) branches (Separation of Powers) Each branch has their own powers and responsibilities. The Framers not only separated responsibilities among the branches, they gave the branches the ability to limit each others power (Checks and Balances) Guiding Questions Using the chart on slide 9, answer the following questions: 1. List one way the Executive Branch can check the Legislative Branch. 2. List one way the Judicial Branch can check the Legislative Branch. 3. List one way the Executive Branch can check the Judicial Branch. 4. List one way the Legislative Branch can check the Judicial Branch. Federalists vs. Anti-Federalists Federalists: wanted a stronger national government, supported the ratification (approval) of the Constitution. Anti-Federalists: did NOT support the Constitution because they felt that it failed to protect individual rights. Because of them the Bill of Rights (the first 10 amendments) was added to the constitution Rule of Law This is when the law applies equally to everyone regardless of their position in society. The Constitution, Bill of Rights, and 14th Amendment ensure the rule of law. They protect us from the government treating us unfairly. Rule of law is to protect us from the government. The Founding Fathers did not want a government that abused its people…like England did to the colonies! The 4th, 6th, 8th, & 14th amendments guarantee that citizens accused of crimes are protected from unfair administration of the law. The Impact of Rule of Law No one is above the law! No one! Judges must follow procedure for every case. This ensures fair trials. The law must be applied consistently. This prevents arbitrary judgments Citizens must know what the law…so we know what we can and can’t do. Sources and Types of Law Historical Sources: Code of Hammurabi- one of the first set of written laws. Created order in society. Magna Carta- established a limited government where the rights of individuals were protected. Constitutional Constitution. Law= the interpretation of the U.S. The Supreme Court has the final say on its meaning. Statutory Laws= written laws Regulations=rules of an agency of the executive branch makes to enforce a law. Case Law=precedents (law established by the outcome of former court cases) Common Law=legal precedent based on customs and prior legal decisions Types of Law Civil Law=laws that don’t relate to a crime Constitutional law=defines the relationship and powers of the Federal government, states, and citizens Criminal Law=deals with crimes and their punishments Juvenile Law=deals with the actions and well being of people under 18 (civil & criminal Military Law=laws that apply only to the military. Guiding Question 1a. Which type of law is used to help solve disputes between people or organizations? 1b.Why is this type of law used in this situation?