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 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: 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 Separation of powers with 3 branches of government Checks and balances so that no branch was too powerful Guarantees equality under the law with majority rule and the rights of the minority protected Affirms individual worth and dignity of all people Protects the fundamental freedoms of religion, speech, press, assembly, and petition 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 Created in Article I Congress is the lawmaking branch Made up of 2 houses: the Senate and the House of Representatives Powers of the Legislative Branch 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 Powers of the Executive Branch Proposes laws Approves or vetoes laws Administers and 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? What Principle? 1st Federal Congress wanted a written list of individual rights To protect against abusive government power. Influence of other documents (Virginia Statute of Religious Freedom; Virginia Declaration of Rights) Individual Freedoms Protections against the government 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.