CHAPTER -2CITIZENSHIP AND THE CONSTITUTION (CHAPTER – 2 / SECTION -1) (NEED TO SITE EXAMPLES FOR EACH TERM) Delegated Powers Are those powers granted to the federal government, including the coining of money, running the postal service, regulating interstate and international trade, providing the nation’s defense, declaring war and conducting diplomacy? Elastic Clause Within the Constitution, found in Article I, Section 8, allows Congress to stretch its delegated powers to address issues that the nation’s founders could not have foreseen. Such as newly created technology (internet, cell phones, and computers) Reserved Powers The powers retained by the state governments or by citizens. These powers include elections, regulating trade within each state, establishing local governments and regulating education. Concurrent Powers It is the shared powers between the federal and state governments. This includes taxing, borrowing money, enforcement of laws and providing for the citizens’ welfare. Representative Democracy The founders discussed the Legislative branch in Article I of the Constitution to emphasize that the United States would be a representative democracy, or government by representatives of the people. Appointment The number of representatives from each state is based on the U.S. census, a population count taken every ten years. Congress examines the changes in the population to determine the appointment, or distribution, of representatives. Impeach The House of Representatives has the authority to impeach, or bring charges against, a president suspected of committing a crime or violating the essential presidential duties. The Senate tries all of the impeachment cases. (Explain why Andrew Johnson in 1868 and Bill Clinton in 1998 were impeached). Veto The president has the power to veto, or cancel, legislation. Congress can override a president’s veto, but it requires a 2/3 majority vote to do so. Executive Orders Non-legislative directives that have the force of law. In an emergency the president may issue an executive order that stretches the definition of laws enacted by Congress. Pardons The president has the power to grant pardons, or freedom, for persons convicted of federal crimes or who are facing criminal charges. Cabinet Numerous departments carry out most of the work of the Executive branch. Currently there are 14 executive departments. The heads of each department is within the cabinet, which advises the president. Sandra Day O’Connor Became the first female court justice after her appointment during the Regan administration in 1981. THE BILL OF RIGHTS (CHAPTER – 2 / SECTION -2) Initially drafted by James Madison in 1789, the Bill of Rights was written at a time when ideological conflict between Federalists and antiFederalists, dating from the Philadelphia Convention in 1787, threatened the Constitution's ratification. on May 28, 1788, Hamilton argued against a "Bill of Rights," asserting that ratification of the Constitution did not mean the American people were surrendering their rights, and therefore that protections were unnecessary: "Here, in strictness, the people surrender nothing, and as they retain every thing, they have no need of particular reservations." Anti-Federalists During the debate over the ratification of the Constitution, famous revolutionary figures such as Patrick Henry came out publicly against the Constitution. They argued that the strong national government proposed by the Federalists was a threat to the rights of individuals and that the President would become a king, and objected to the federal court system in the proposed Constitution. Petition Is to make a request upon the government by any American to a governmental official. The right of Petition enables the Americans to express their dissatisfaction with current laws or to suggest new ones. Search Warrant To conduct a search reasonably, authorities usually must first obtain a search warrant. This warrant is a judge’s order that authorizes the search because the property in question seems likely to contain evidence relating to a crime. Due Process No one may be punished for a crime without due process, or the fair application, of the law. Indict According to the Fifth Amendment, a court cannot try someone for a serious crime unless a grand jury decides that enough evidence exists to formally accuse the person. The Fifth Amendment also protects people from being forced to testify in their own trial. Double Jeopardy Anyone found not guilty in a criminal trial cannot be tried again for the same crime. Eminent Domain The Fifth Amendment also states that no one will be deprived of property “without due process of the law.” The one exception involves the government’s power to take personal property to further the public’s interest. This may be done for a construction of a public road. However, the government must pay you fair market value for the property. RIGHTS and R ESPONSIBILITIES OF CITIZENSHIP (CHAPTER – 2 / SECTION -3) Have the class take the Citizen Test. Part -1-, questions (1 – 50), Part -2, (51 – 100) the second day at the end of the chapter. Explain what and why they are taking the test. That this will count as a regular Chapter Test grade. Naturalization A process in which a foreign born person that desires to become a U.S. citizen. They must under go the process to become a citizen. Deport The U.S. government has the right to send back to the country of origin any immigrant that breaks the law or who is in the country illegally. Draft In some war time situations the federal government has issued the requirement of military service to meet the need of solders. Political Action Committees (PAC’s) Organizations that collect money to distribute to candidates that supports the same issues as the contributors.