It's All About 8.15d Checks and Balances Federalism Individual

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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.
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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
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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 •
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Supreme Court
Courts of Appeals
Federal District Courts
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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)
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Revokes the use of poll taxes
(24)
Voting rights are extended to
citizens who are at least 18
years old (26)
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