Goals and Principles of the Constitution

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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
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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
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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
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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
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“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
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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?
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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.
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The Preamble Defines
the Constitution’s Basic
Goals
To establish justice
To establish justice for all
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The Preamble Defines the
Constitution’s Basic Goals
To ensure domestic tranquility
The government can ensure
domestic tranquility, or peace
and order at home.
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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.
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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.
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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.
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The Articles Describe a Framework of
Government
Article I
Describes the legislative branch. Establishes
powers and limits on Congress.
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The Articles Describe a Framework of
Government
Article II
Describes the executive branch. Establishes
powers and limits of the President.
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The Articles Describe a Framework of
Government
Article III
Describes the judicial branch. Establishes
powers and limits of the courts.
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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.
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The Articles Describe a Framework of
Government
Article V
Provides a process for amending the
Constitution.
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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.
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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.
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7
Basic
Principles
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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.
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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.
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Seven Basic Principles of
Government
Separation of Powers
The idea of limiting government power by
dividing it among different branches of
government.
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Seven Basic Principles of
Government
Checks and Balances
Each branch of government has power to
check, or limit, actions of the other
branches.
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Seven Basic Principles of
Government
Federalism
The principle of dividing power between the
federal government and the states.
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Seven Basic Principles of
Government
Republicanism
A form of government in which citizens elect
representatives to carry out their will.
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Seven Basic Principles of
Government
Individual Rights
Individual rights include freedom of speech,
freedom of religion, and the right to trial by jury.
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Checks and Balances
Which Branch Checks on the Others
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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
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Separation of Power
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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
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Separation of Powers
Judicial Branch
Supreme Court and Other Federal Courts
(Interprets Laws)
• Can declare laws unconstitutional
• Can declare executive actions
unconstitutional
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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?
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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
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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
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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.
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The Executive Branch: Powers
and Duties of the President
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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
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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
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nationwide becomes President.
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The Judicial Branch
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Changing the
Constitution
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Changing the Constitution
• How can the Constitution be amended?
• What rights does the Bill of Rights protect?
• How did later amendments expand
democratic rights?
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Amending the Constitution
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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.
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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.
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Two through Four
• Protects against abuse of power
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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.”
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Third Amendment
• Congress may not force citizens to put
up troops in their homes.
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Fourth Amendment
Citizens are protected from unlawful
searches of their homes and property.
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Five through Eight
• Protects rights of the accused
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Fifth Amendment
People cannot be forced to incriminate,
or give evidence against, themselves.
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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.
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Seventh Amendment
• Provides for juries in civil, or non
criminal, trials.
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Eighth Amendment
Forbids excessive bail or fines and “cruel
and unusual punishments.”
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Ninth Amendment
Makes clear that citizens rights are not
limited to those listed in the
Constitution.
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Tenth Amendment
All powers not given to the national
government or denied to the states are
reserved for the states or for the
people.
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Later Amendments
• Amended only 17 times
• Reflect attitude changes about equality
and expansion of democracy
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Thirteenth Amendment
Abolished slavery.
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Fourteenth Amendment
• Guaranteed citizenship to former
slaves
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Fifteenth Amendment
• Declared that states may not deny the
vote to any citizen on the basis of
“race, color, or previous condition of
servitude.”
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Nineteenth Amendment
Gave women the right to vote.
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Twenty-sixth Amendment
Lowered the minimum voting age from 21
to 18.
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State and Local
Governments
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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.
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Examples of Services Provided
by States
• Maintain law and order
• Enforce criminal law
– Protect property
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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
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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
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Rights and
Responsibilities of
Citizens
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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.
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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.
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Democratic Values
Basic Values
• Such as honesty and compassion
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Democratic Values
• Patriotism
feeling of love and devotion toward
one’s country
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Democratic Values
Respect
• For ourselves, our families, our
neighbors, and other members of our
community
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Democratic Values
Responsibility-1
• Both personal and public
responsibility; responsibility for
ourselves and the consequences of our
actions
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Democratic Values
• Responsibility-2
• Physical and moral courage; doing the
right thing even when it is unpopular,
difficult, or dangerous
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Responsibilities of Citizenship
Voting
Obeying the laws
Defending the nation
Serving on a jury
Serving the community
Being informed
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Voting
Citizens must study the candidates and
issues in order to make responsible
choices.
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Obeying the laws
• We give the government the power to
make laws for us, so we have a duty to
obey the laws.
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Defending the nation
Citizens must help defend the nation
against threats to its peace or security,
such as by serving in the military.
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Serving on a jury
• Citizens must take time out from their
work and personal lives for jury duty,
serving on a jury when called.
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Serving the community
• Many citizens offer their time and
talents to improve their communities
and help others.
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Being informed
• Citizens cannot protect their rights
unless they know what they are and
stay informed.
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