A More Perfect Union “Goals and Principles of the Constitution” UNIT 5 1 Goals and Principles Overview The Constitutional Era is characterized by philosophical differences and compromises in forming the new government Sequence of service: 1- George Washington, first President 2- John Adams, second President 3- John Marshall, appointed Chief Justice 4- Thomas Jefferson, third President 2 When the concept of Judicial Review was first applied, it required that all decisions and interpretations of laws be analyzed according to legality under the Constitution Setting up the court system was a major domestic problem faced by leaders of the new republic Ability to discuss issues logically and make well reasoned arguments are leadership qualities a Supreme Court Chief Justice, such as John Marshall, need in order to be effective 3 Marbury v. Madison was an 1803 landmark case which formed the basis for the exercise of Judicial review and was the first to declare a government action unconstitutional The Declaration of Independence described grievances that addressed checks established against executive power Popular sovereignty is a democratic principle of the Constitution that allows people to create, change, or alter government Federalism is described in the Constitution as a government with powers divided between the 4 national and state governments Rules and laws set forth in the US Constitution are the most factors a judge uses when conducting a Judicial Review of a government action This factor determines the number of electoral votes for each state, states with higher populations have more electoral votes In the Executive Branch, the President may veto bills In the Judicial Branch, the Supreme Court may determine actions unconstitutional 5 “For quartering large bodies of armed troops among us” as described in the D.O.I. was addresses in the Constitution by ratification of the 3rd Amendment “For depriving us, in many cases, of benefits of trial by jury” as described in the Constitution by ratification of the 7th Amendment 6 Goals and Principles of the Constitution • How does the Preamble define the basic goals of the Constitution? • What framework of government is established by the articles of the Constitution? • What are the seven basic principles of American government? 7 The Preamble Defines the Constitution’s Basic Goals To form a more perfect union The states work together as one unified nation, not as separate nations. 8 The Preamble Defines the Constitution’s Basic Goals To establish justice To establish justice for all 9 The Preamble Defines the Constitution’s Basic Goals To ensure domestic tranquility The government can ensure domestic tranquility, or peace and order at home. 10 The Preamble Defines the Constitution’s Basic Goals • To provide for the common defense To protect citizens against foreign attack, the national government can raise armies and navies. However, the military is under civilian, or nonmilitary, control. 11 The Preamble Defines the Constitution’s Basic Goals To promote the general welfare The national government promotes the general welfare, or the well-being of all its citizens. 12 The Preamble Defines the Constitution’s Basic Goals To secure the blessing of liberty A major goal of the Constitution is to protect the liberty, or freedom, of Americans. 13 The Articles Describe a Framework of Government Article I Describes the legislative branch. Establishes powers and limits on Congress. 14 The Articles Describe a Framework of Government Article II Describes the executive branch. Establishes powers and limits of the President. 15 The Articles Describe a Framework of Government Article III Describes the judicial branch. Establishes powers and limits of the courts. 16 The Articles Describe a Framework of Government Article IV 1-Explains relations between the states. 2-Requires states to honor one another’s laws. 3-Sets out a system for admitting new states. 17 The Articles Describe a Framework of Government Article V Provides a process for amending the Constitution. 18 The Articles Describe a Framework of Government Article VI Says the Constitution is the “supreme law of the land.” No state law may violate the Constitution. 19 The Articles Describe a Framework of Government • Article VII • The Ratification of the Conventions of nine States, shall be sufficient for the establishment of The Constitution. 20 7 Basic Principles 21 Seven Basic Principles of Government Popular Sovereignty The principle that government gets its authority from the people, therefore people have a right to change or abolish their government. 22 Seven Basic Principles of Government Limited Government The principle that government has only the powers that the Constitution gives it. Everyone, no matter how important, must obey the law. 23 Seven Basic Principles of Government Separation of Powers The idea of limiting government power by dividing it among different branches of government. 24 Seven Basic Principles of Government Checks and Balances Each branch of government has power to check, or limit, actions of the other branches. 25 Seven Basic Principles of Government Federalism The principle of dividing power between the federal government and the states. 26 Seven Basic Principles of Government Republicanism A form of government in which citizens elect representatives to carry out their will. 27 Seven Basic Principles of Government Individual Rights Individual rights include freedom of speech, freedom of religion, and the right to trial by jury. 28 Checks and Balances Which Branch Checks on the Others 29 • • • • • • • • Legislative Branch (Congress) Passes Laws Can override President’s veto Approves treaties and presidential appointments Can impeach and remove President and other high officials Creates lower federal courts Appropriates money Prints and coins money Raises and supports the armed forces Regulates foreign and interstate trade 30 Separation of Power • • • • • • Executive Branch (President) Carries Out Laws Proposes laws Can veto laws Negotiates foreign treaties Serves as Commander-In-Chief of armed services Appoints federal judges, ambassadors, and other high officials Can grant pardons to federal offenders 31 Separation of Powers Judicial Branch Supreme Court and Other Federal Courts (Interprets Laws) • Can declare laws unconstitutional • Can declare executive actions unconstitutional 32 How the Federal Government Works • What are the powers of the legislative branch? • What roles does the President fill as head of the executive branch? • How is the judicial branch organized? • How can each branch of the government check the powers of the other two? 33 The Legislative Branch: Congress House of Representatives • 435 members • Number of representatives for a state is based on that state’s population • 2-year terms • Leader of the House is the Speaker. Senate • 100 members • Two senators per state • 6-year terms • Leader of the Senate is the Vice President of the United States. When the Vice President is away, the president pro tempore takes over 34 The Legislative Branch: The Powers of Congress Listed Powers and Duties of Congress • To make laws • To levy taxes • To borrow money • To coin money • To establish post offices • To fix standard weights and measures • To declare war 35 The Legislative Branch: The Powers of Congress Elastic Clause • Congress can “make all Laws which shall be necessary and proper” for carrying out its duties. 36 37 The Executive Branch: Powers and Duties of the President • • • • • • • • • To carry out the nation’s laws To direct foreign policy To make treaties To appoint ambassadors To act as Commander in Chief of the armed forces To suggest new laws and work for their passage Can grant pardons Can call special sessions of Congress 38 To stand as a symbol of the nation Electing the President: • The President is elected for a 4-year term. • The President may be elected to no more than two complete terms. • The President is elected by a complex system known as the electoral college. • When Americans vote for President, they are really voting for a group of electors pledged to the candidate. • A few weeks after Election Day, the electors meet in each state to vote. The candidate who receives a majority of the electoral votes 39 nationwide becomes President. 40 The Judicial Branch 41 Changing the Constitution 42 Changing the Constitution • How can the Constitution be amended? • What rights does the Bill of Rights protect? • How did later amendments expand democratic rights? 43 Amending the Constitution 44 The Bill of Rights • Congress drafted amendments in 1789 • Sent to states for approval • In 1791, first 10 amendments became known as “The Bill Of Rights” and became part of the Constitution. 45 First Amendment • Safeguards individual rights —freedom of religion, speech, the press, the right to assemble peacefully, the right to petition the government to change its policies. 46 Two through Four • Protects against abuse of power 47 Second Amendment “A well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.” 48 Third Amendment • Congress may not force citizens to put up troops in their homes. 49 Fourth Amendment Citizens are protected from unlawful searches of their homes and property. 50 Five through Eight • Protects rights of the accused 51 Fifth Amendment People cannot be forced to incriminate, or give evidence against, themselves. 52 Sixth Amendment People are guaranteed the right to a speedy and public trial by a fair jury. The accused have a right to know the charges against them and who is making the charges. 53 Seventh Amendment • Provides for juries in civil, or non criminal, trials. 54 Eighth Amendment Forbids excessive bail or fines and “cruel and unusual punishments.” 55 Ninth Amendment Makes clear that citizens rights are not limited to those listed in the Constitution. 56 Tenth Amendment All powers not given to the national government or denied to the states are reserved for the states or for the people. 57 Later Amendments • Amended only 17 times • Reflect attitude changes about equality and expansion of democracy 58 Thirteenth Amendment Abolished slavery. 59 Fourteenth Amendment • Guaranteed citizenship to former slaves 60 Fifteenth Amendment • Declared that states may not deny the vote to any citizen on the basis of “race, color, or previous condition of servitude.” 61 Nineteenth Amendment Gave women the right to vote. 62 Twenty-sixth Amendment Lowered the minimum voting age from 21 to 18. 63 State and Local Governments 64 How State Constitutions Compare With the National Constitution Similarities • Most state constitutions begin with a preamble. • Most state constitutions include a bill of rights. • State constitutions set up a government with three branches— legislative, executive, and judicial. • State constitutions can be amended. Differences • Most state constitutions are longer and more detailed. • In many states, citizens can amend the constitution. In a process known as the constitutional initiative, people can gather signatures on a petition to amend the state constitution. If enough signatures are gathered, the petition goes to the legislature or to the voters. 65 Examples of Services Provided by States • Maintain law and order • Enforce criminal law – Protect property • • • • Regulate business Supervise public education Provide public health and welfare programs Build and maintain the state’s infrastructure, or system of roads, bridges, and tunnels • Operate state parks and forests • Regulate use of state-owned land • License professionals, such as doctors, lawyers, and teachers 66 Work of Local Governments • Local Government —government on the county, parish, city, town, village, and district level; get their powers from the state • Build and run local schools • Hire and support firefighters, police, and garbage collectors • Provide sewers and water • Maintain local roads • Maintain local hospitals • Conduct safety inspections of buildings and restaurants • May own and run water and sewage treatment plants • Provide libraries, parks, and other cultural and recreational facilities • May support airports, sports arenas, and civic centers 67 Rights and Responsibilities of Citizens 68 What Is a Citizen? A citizen is a person who owes loyalty to a particular nation and is entitled to all its rights and protections. 69 What Is a Citizen? To be a United States citizen: • You were born in the United States or at least one parent is a citizen. • You were naturalized, that is, you have completed the official legal process for becoming a citizen. – Many immigrants—people who enter another country to settle there—become naturalized citizens. – First, immigrants may have permission to stay in the country as resident aliens, or noncitizens living in the country. • You were 18 or younger when your parents were naturalized. 70 Democratic Values Basic Values • Such as honesty and compassion 71 Democratic Values • Patriotism feeling of love and devotion toward one’s country 72 Democratic Values Respect • For ourselves, our families, our neighbors, and other members of our community 73 Democratic Values Responsibility-1 • Both personal and public responsibility; responsibility for ourselves and the consequences of our actions 74 Democratic Values • Responsibility-2 • Physical and moral courage; doing the right thing even when it is unpopular, difficult, or dangerous 75 Responsibilities of Citizenship Voting Obeying the laws Defending the nation Serving on a jury Serving the community Being informed 76 Voting Citizens must study the candidates and issues in order to make responsible choices. 77 Obeying the laws • We give the government the power to make laws for us, so we have a duty to obey the laws. 78 Defending the nation Citizens must help defend the nation against threats to its peace or security, such as by serving in the military. 79 Serving on a jury • Citizens must take time out from their work and personal lives for jury duty, serving on a jury when called. 80 Serving the community • Many citizens offer their time and talents to improve their communities and help others. 81 Being informed • Citizens cannot protect their rights unless they know what they are and stay informed. 82