Types of Governments
Confederation
Federal
A weak or loose organization of states agrees
to follow a powerful central government.
Nations can choose to follow or not follow the
lead of the weak central government.
Power is shared by a powerful central government
and states or provinces that are given considerable
self-rule, usually through their own legislatures.
Comparing Early US Governments
Weaknesses of the Articles of
Confederation
Strengths of the Federal
Constitution
Unicameral Congress.
Bicameral Congress.
No executive branch.
President given power to enforce laws.
Few powers given to national
government.
Congress elected by the people (Senate
after Amendment 17)
Congress was elected by the state
legislatures.
Simple majority needed to pass laws.
Congress had no power to regulate
trade.
Congress given power to collect taxes.
Congress had no power to coin money. Congress given power to coin money.
Congress had no power to establish
armed forces.
Congress given power to forms army and
navy for national defense.
About the Constitution
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describes the structure of the
government and the rights of the
American people.
No law may be passed that
contradicts its principles
no person, or the government, is
exempt from following it.
This is why it is commonly called
the "supreme law of the land".
The Constitution is organized into three
parts:
1. Preamble describes the purpose of
the document and government
2. Articles establish how the
government is structured and how the
Constitution can be changed. There are
seven articles
3. Amendments changes to the
Constitution; the first ten are called the
Bill of Rights
Weaknesses of the Articles of
Confederation
Strengths of the Federal
Constitution
Unicameral Congress.
Bicameral Congress.
No executive branch.
President given power to enforce laws.
Few powers given to national government.
Congress elected by the people (Senate after
Amendment 17)
Congress was elected by the state
legislatures.
Simple majority needed to pass laws.
Congress had no power to regulate trade.
Congress given power to collect taxes.
Congress had no power to coin money.
Congress given power to coin money.
Congress had no power to establish armed
forces.
Congress given power to forms army and navy
for national defense.
About the Constitution
The Constitution of the United States is the cornerstone of our American
government. This document describes the structure of the government and the
rights of the American people. No law may be passed that contradicts its principles
and no person, or the government, is exempt from following it. This is why it is
commonly called the "supreme law of the land".
The purpose of the government is found in the Preamble. For the government to be
successful, the Founding Fathers established three main principles on which our
Government is based:
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Inherent rights -- rights that anyone living in America has
Self government -- government by the people
Separation of powers -- branches with different powers
The Constitution is organized into three parts:
Preamble
describes the purpose of the document and government
Articles
establish how the government is structured and how the
Constitution can be changed. There are seven articles
Amendments
changes to the Constitution; the first ten are called the Bill of
Rights
Name_____________________________ Notes page #____
Constitutional Convention
When/Where/Who
September 1787
Congress met for a
Constitutional Convention
Why
Articles of Confederation were
not working
A stronger central government
was needed
They created the U.S. Constitution
A written plan for the structure of the U.S. government.
Principles
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Separation of powers with 3 branches of government
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Checks and balances so that no branch was too powerful
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Guarantees equality under the law with majority rule and the
rights of the minority protected
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Affirms individual worth and dignity of all people
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Protects the fundamental freedoms of religion, speech,
press, assembly, and petition
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A “living document”
Federalism
Federalism: The division of power between the national
government and the governments of the 50 states.
The powers of government are
divided between the national
government and the state
governments.
Each of the 50 states has its own
government.
The national government governs
the people of the entire country
State governments govern the
people living in each state.
Federal Government- The
national government is called the
“Federal Government”
Federal System- refers to the
country’s system of government
including both the national
government and the governments
of the 50 states.
The federal government is “the
supreme law of the land” that all
states must defer to.
All powers that the Constitution
does not give to the federal
government remain with the state
governments.
Delegated/
Enumerated
Powers
National Government
Concurrent
Powers
Reserved
Powers
Both National and
State Governments
State Governments
Give the federal
Held by both state and
government strength federal governments
to protect and serve
the country.
Kept for the states to
manage their own
affairs and to balance
the power of the
federal government.
-Coin money
-Declare war
-Admit new states
-Establish armed forces
-Regulate patents and
copyrights
-Regulate foreign trade
-Collect taxes
-Enforce laws
-Borrow money
-Establish courts
-Provide for the general
welfare
-Regulate intrastate
commerce (trade)
-Conduct elections
-Incorporate businesses
-Voter qualifications
-Establish local
governments
-Regulate school
-Conduct Elections
-Establish marriage laws
-Assume powers not
given to the national
government and not
denied to the states
-Protect the health,
safety and welfare of
the people.
The Constitutional Preamble
Outlines the goals of the government that it created
Goals of the Preamble
What it means
Where it is found in
the Constitution
To create a better
government than that
provided by the
Articles of
Confederation
To make laws and
establish a fair court
system
By creating a policy making
executive branch and by giving
Congress the power to tax, the new
Constitution avoided the worst
difficulties of the Articles of
Confederation
Insure Domestic
tranquility
To maintain law and
order at home
The federal government shares with
state governments the task of
maintaining law and order at home.
Together they are responsible for
enforcing laws.
Provide for the common
defense
To protect the nation
against its enemies
The Constitution authorized
Congress to create an army and a
navy.
Promote the general
welfare
To ensure the well being
of the entire population
Over time, the U.S. government has
given all citizens the right to vote.
And secure the
blessings of liberty to
ourselves and to our
posterity
To safeguard people’s
personal freedom
The Bill of Rights
Do ordain and establish
this Constitution for
the United States of
America.
Create this form of
government for the
country.
We the people of the
United States, in Order
to form a more perfect
union
Establish Justice
The Constitution created the U.S.
Supreme court and the judiciary
Act of 1789 created the rest of the
federal court system
Separation of Powers
Distributes power
equally among three
branches of government
Ensures no person or
branch of government is
too powerful
Three Branches of Government
Executive
Legislative
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Created in Article I
Congress is the
lawmaking branch
Made up of 2 houses:
the Senate and the
House of
Representatives
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Powers of the
Legislative Branch
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Makes the laws
Confirms
presidential
appointments
Approves treaties
Grants money
Declares war
Created in Article II
Executes the country’s
laws
Headed by the
President
Judicial
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Powers of the
Executive Branch
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Proposes laws
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Approves or vetoes
laws
Administers and
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executes the laws
Commands the armed
forced
Appoints
ambassadors,
federal judges and
others
Conducts foreign
policy
Makes treaties
Created in Article III
Interprets laws and
punishes lawbreakers
Supreme Court is the
head of the judicial
branch
Powers of the
Judicial Branch
Interprets the
Constitution and
other laws
Reviews lower court
decisions
Name_____________________________ Notes page #____
Checks and Balances
* Each branch has powers that no other branch can have
* Each branch has powers that limit the powers of the other two
branches
* Ensures that no branch becomes too powerful
Legislative Checks
Over
The Executive branch
Overrides vetoes
Approves federal judges
Over
The Judicial branch
Approves federal judges
Impeaches federal judges
Executive Checks
Over
The Legislative branch
Over
The Judicial branch
Vetoes acts of Congress
Appoints federal judges
Calls Congress into special session
Judicial Checks
Over
The Legislative branch
Over
The Executive branch
Declares laws unconstitutional
Declares executive acts
unconstitutional
Impeaches a President
Bill of Rights
The 1st Ten Amendments to the Constitution.
Why?
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What Principle?
1st Federal Congress wanted a
written list of individual rights
To protect against abusive
government power.
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Influence of other documents
(Virginia Statute of Religious
Freedom; Virginia Declaration of
Rights)
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Individual Freedoms
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Protections against the
government
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Rights of citizens accused of
crimes
The Bill of Rights includes the following freedoms:
The second amendment provides the freedom to bear arms.
The Third Amendment prohibits the government from forcing citizens to house soldiers during time of war.
The Fourth Amendment protects people from unreasonable search and seizure. A court is required to
authorize any search. It can only be done when there is evidence a crime has been committed.
The Fifth Amendment allows the freedom from being tried twice for the same crime when found innocent of
that crime, and allows a person on trial the opportunity to abstain from testifying against him or herself. This
amendment also allows the government to take private land for public use as long as fair compensation is given
to the owner of the land.
The Sixth Amendment gives the people of the United States the right to a fair and speedy trial by a jury of
peers. People also have the right to counsel. They must be told of the charges against them. They have the
right to bring witnesses for their defense.
The Seventh Amendment provides for trial by jury for disputes with monetary value over $20.00.
The Eighth Amendment forbids cruel and unusual punishment.
1st Amendment
5 Freedoms protected by the U.S. Constitution
Petition
Freedom to make views known to public officials
Grievance with government policy
Religion
Assembly
Speech
Press
Freedom to exercise religion
Government can’t establish an official religion
Government can’t endorse a religion
Freedom to gather peacefully
Political rally
Protest march
Sit in
Freedom to express opinions and beliefs
Not absolute
Obscenity is not protected
Freedom to gather and publish information
Freedom to criticize the government
The Constitution establishes and protects our 1st Amendment
freedoms, but there are limits!!
A “Living Document”
The framers of the Constitution planned a system of government that could
adapt to the changing conditions and needs of the country. The Constitution
is called a living document because it can be changed.
Adaptability- Amendments
Flexibility- Elastic Clause
An amendment is a written change
to the Constitution.
Also known as the “necessary and
proper clause”
The amendment process is complex;
to date only 27 amendments have
been added.
Allows Congress to extend its
delegated powers.
The first 10 amendments are called
“The Bill of Rights.”
“to make all laws which shall be
necessary and proper for carrying
into execution the foregoing powers”
Permits Congress to pass laws
related to situations that have
developed since the writing of the
Constitution.
Process for Amending the Constitution
Action by Congress or Ratification by the
Convention
states
Constitutional Amendments
11. Eleventh Amendment (1795): Clarifies judicial power over foreign nationals, and limits
ability of citizens to sue states in federal courts and under federal law.
12. Twelfth Amendment (1804): Changes the method of presidential elections so that
members of the electoral college cast separate ballots for president and vice president.
13. Thirteenth Amendment (1865): Abolishes slavery and grants Congress power to enforce
abolition.
14. Fourteenth Amendment (1868): Defines United States citizenship; prohibits states
from abridging citizens' privileges or immunities and right to due process and the equal
protection of the law; repeals the three-fifths compromise.
15. Fifteenth Amendment (1870): Prohibits the federal government and the states from
using a citizen's race, color, or previous status as a slave as a qualification for voting.
16. Sixteenth Amendment (1913): Authorizes unapportioned federal taxes on income.
17. Seventeenth Amendment (1913): Establishes direct election of senators.
18. Eighteenth Amendment (1919): Prohibited the manufacturing, importing, and exporting
of beverage alcohol. Repealed by the Twenty-First Amendment.
19. Nineteenth Amendment (1920): Prohibits the federal government and the states from
using a citizen's sex as a qualification for voting
20. Twentieth Amendment (1933): Changes details of Congressional and presidential terms
and of presidential succession.
21. Twenty-first Amendment (1933): Repeals Eighteenth Amendment but permits states to
retain prohibition and ban the importation of alcohol.
22. Twenty-second Amendment (1951): Limits president to two terms.
23. Twenty-third Amendment (1961): Grants presidential electors to the District of
Columbia.
24. Twenty-fourth Amendment (1964): Prohibits the federal government and the states
from requiring the payment of a tax as a qualification for voting for federal officials.
25. Twenty-fifth Amendment (1967): Changes details of presidential succession, provides
for temporary removal of president, and provides for replacement of the vice president.
26. Twenty-sixth Amendment (1971): Prohibits the federal government and the states
from using an age greater than 18 as a qualification to vote.
27. Twenty-seventh Amendment (1992): Limits congressional pay raises.