It’s All About 8.15d 8.15d Government. The student understands the American beliefs and principles reflected in the Declaration of Independence, the U.S. Constitution, and other important historic documents. The student is expected to analyze how the U.S. Constitution reflects the principles of limited government, republicanism, checks and balances, federalism, separation of powers, popular sovereignty, and individual rights. General Definitions and Attributes for the 7 Principles of the Constitution Checks and Balances Federalism Individual Rights a system that overlaps the powers of the three branches of government so that each branch can limit (check) the powers, actions, and activities of the other two branches. No one branch of government is allowed to become too powerful and dominate government. a system of government in which a constitution divides the powers of government between a national government (federal government) and several regional governments (the states) within a union. rights of the individual person that government cannot take away. These include economic rights related to property, political rights related to freedom of speech and press, and personal rights related to bearing arms and maintaining private residences. Many individual rights are found in the Bill of Rights. Limited Government the Constitution and laws define the limits of those in power so they cannot take advantage of their elected, appointed, or inherited positions. Everyone, including all authority figures, must obey the laws (rule of law). Government is restricted in what it may do. Popular Sovereignty a principle of American government that political power rests with the people. The people are the final authority and the source of all governmental power and can create, alter, and abolish government. People express themselves through voting and free participation in government. Republicanism Separation of Powers a system of government where elected representatives are elected by and serve at the will of the people, and government is based on the consent of the governed. a principle of American government that divides the powers of government among the executive, legislative, and judicial branches of the government. These branches are independent and coequal branches of government. ®SAISD Social Studies Department Page 1 Reproduction rights granted only if copyright information remains intact. It’s All About 8.15d What are examples of… • A written constitution limits the powers of government Limited Government Popular Sovereignty Republicanism • Government prohibited from doing certain things (for example, tax exports, prohibit religion) • Everyone, including the leaders, must follow and obey the law (rule of law) • Powers of government divided between governments (federalism) or the branches of a government (separation of powers) • Different branches of government have checks on each other (checks and balances) • 22nd Amendment limited the time a person can serve as President of the United States • Rights of the individual are protected from abuse by government and its leaders (individual rights) • “We the People” in Preamble of U.S. Constitution • 15th, 19th, and 26th Amendments extend right to vote to more people • 17th Amendment provided for direct election of U.S. Senators by the people • 23rd Amendment gave residents in District of Columbia the right to vote for President • 24th Amendment removed a restriction on voting (poll tax) • Initiative and referendum are methods for the people to approve legislation directly • People voting on constitutional amendments • People participating in government and politics (political campaigns, serving on juries, etc.) • Government leaders are elected by the people (at national, state, and local levels) • House of Representatives is based on population of each states • Government leaders have a specific length of time to serve the people (term of office) • Elections are held on a regular basis so the people can express their will • People may have power to remove an elected government official (recall) • People can change the government through a new constitution or a constitutional amendment ®SAISD Social Studies Department Page 2 Reproduction rights granted only if copyright information remains intact. It’s All About 8.15d What are examples of… Federalism • • • • • • • • • National Government National and State Governments State Governments Delegated Powers Concurrent Powers Reserved Powers Declare war Make treaties Provide army and navy Coin money Regulate foreign and interstate trade Fix standards for weights and measures Make foreign policy Maintain postal service Admit new states • • • • • • • • Enforce the laws Lay and collect taxes Establish courts Borrow money Define crimes and set punishments Claim private property for public use Maintain law and order Provide for the public welfare • • • • • • • • Establish local governments Conduct elections Establish public schools Keep vital statistics Regulate intrastate trade Establish licensing standards for professions and trades Make law for corporations Provide for public safety What are examples of… Separation of Powers Legislative Branch Executive Judicial Branch To Make the Laws To Carry Out the Laws To Interpret the Laws Congress has two houses (bicameral): • House of Representatives • Senate • • • • The President • The Vice President Executive Departments • ®SAISD Social Studies Department Supreme Court Courts of Appeals Federal District Courts Page 3 Reproduction rights granted only if copyright information remains intact. It’s All About 8.15d What are examples of Checks and Balances? Legislative Checks the Executive • • • • • Legislative Checks on Judicial Can override an Executive veto Only one who can approve treaties May impeach the President Confirms presidential appointments Can reorganize Executive departments • • • Approves the appointments of federal judges May impeach federal judges Can reorganize the judicial system Executive Checks the Legislative • • • • Executive Checks on Judicial Can veto Congressional bills Can call special sessions of Congress Proposes laws and the federal budget Make appointments • • Appoints federal judges Has the power to grant pardons Judicial Checks on Legislative • • Judicial Checks on Executive Interprets laws and treaties Can declare laws unconstitutional (null and void) • • Interprets treaties Can declare executive acts/orders unconstitutional What are examples of Individual Rights found in the Bill of Rights? Political/Personal Rights • • • • • • • • • • • Rights of the Accused (Due Process) Economic Rights Freedom of speech Freedom of the press Freedom of religion Right to petition Right to assemble Right to bear arms Freedom from quartering soldiers Right to privacy in home No unreasonable searches No general search warrant Search warrants must have probable cause • • • Cannot be deprived of property without due process of law Government may take property only with just compensation (fair payment) Right to trial by jury in civil cases involving more than $20 • • • • • • • • • • • Criminal case required Grand Jury indictment No double jeopardy Accused cannot be forced to testify against himself Cannot be deprived of life or liberty without due process of law Right to speedy and public trial Right to impartial jury Know charges against him Right to confront witnesses Right to counsel (lawyer) No excessive bail No cruel and unusual punishments Extended Rights Beyond the Bill of Rights (By Amendment) • • • Slavery and involuntary servitude prohibited (13th) Citizenship is defined for all persons born or naturalized in the U.S. (14th) Constitutional rights and freedoms are applied to the states (14th) • • • • All people are guaranteed equal • protection under the law (14th) Voting rights are extended to all • men who are citizens (15th) Direct election of Senators (17th) Voting rights are extended to all women who are citizens (19th) ®SAISD Social Studies Department Revokes the use of poll taxes (24) Voting rights are extended to citizens who are at least 18 years old (26) Page 4 Reproduction rights granted only if copyright information remains intact.