A More Perfect Union

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A More Perfect Union Goals and
Principles of the Constitution

• UNIT 5

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Goals and Principles Overview

• The Constitutional Era is characterized by
  philosophical differences and compromises in
  forming the new government
• Sequence of service
• 1- George Washington, first President
• 2- John Adams, second President
• 3- John Marshall, appointed Chief Justice
• 4- Thomas Jefferson, third President

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• When the concept of Judicial Review was first
  applied, it required that all decisions and
  interpretations of laws be analyzed according to
  legality under the Constitution
• Setting up the court system was a major domestic
  problem faced by leaders of the new republic
• Ability to discuss issues logically and make well
  reasoned arguments are leadership qualities a
  Supreme Court Chief Justice, such as John
  Marshall, need in order to be effective

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• Marbury v. Madison was an 1803 landmark case
  which formed the basis for the exercise of
  Judicial review and was the first to declare a
  government action unconstitutional
• The Declaration of Independence described
  grievances that addressed checks established
  against executive power
• Popular sovereignty is a democratic principle of
  the Constitution that allows people to create,
  change, or alter government
• Federalism is described in the Constitution as a
  government with powers divided between the
  national and state governments

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• Rules and laws set forth in the US Constitution
  are the most factors a judge uses when conducting
  a Judicial Review of a government action
• This factor determines the number of electoral
  votes for each state, states with higher
  populations have more electoral votes
• In the Executive Branch, the President may veto
  bills
• In the Judicial Branch, the Supreme Court may
  determine actions unconstitutional

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• For quartering large bodies of armed troops
  among us as described in the D.O.I. was
  addresses in the Constitution by ratification of
  the 3rd Amendment
• For depriving us, in many cases, of benefits of
  trial by jury as described in the Constitution
  by ratification of the 7th Amendment

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Goals and Principles of the Constitution

• How does the Preamble define the basic goals of
  the Constitution?
• What framework of government is established by
  the articles of the Constitution?
• What are the seven basic principles of American
  government?

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The Preamble Defines the Constitutions Basic
Goals

• To form a more perfect union

The states work together as one unified nation,
not as separate nations.
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The Preamble Defines the Constitutions Basic
Goals

• To establish justice

To establish justice for all
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The Preamble Defines the Constitutions Basic
Goals

• To ensure domestic tranquility

The government can ensure domestic tranquility,
or peace and order at home.
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The Preamble Defines the Constitutions Basic
Goals

• To provide for the common defense

To protect citizens against foreign attack, the
national government can raise armies and navies.
However, the military is under civilian, or
nonmilitary, control.
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The Preamble Defines the Constitutions Basic
Goals

• To promote the general welfare

The national government promotes the general
welfare, or the well-being of all its citizens.
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The Preamble Defines the Constitutions Basic
Goals

• To secure the blessing of liberty

A major goal of the Constitution is to protect
the liberty, or freedom, of Americans.
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The Articles Describe a Framework of Government

• Article I

Describes the legislative branch. Establishes
powers and limits on Congress.
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The Articles Describe a Framework of Government

• Article II

Describes the executive branch. Establishes
powers and limits of the President.
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The Articles Describe a Framework of Government

• Article III

Describes the judicial branch. Establishes powers
and limits of the courts.
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The Articles Describe a Framework of Government

• Article IV

1-Explains relations between the states.
2-Requires states to honor one anothers laws.
3-Sets out a system for admitting new states.
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The Articles Describe a Framework of Government

• Article V

Provides a process for amending the Constitution.
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The Articles Describe a Framework of Government

• Article VI

Says the Constitution is the supreme law of the
land. No state law may violate the Constitution.
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The Articles Describe a Framework of Government

• Article VII
• The Ratification of the Conventions of nine
  States, shall be sufficient for the establishment
  of The Constitution.

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• 7
• Basic
• Principles

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Seven Basic Principles of Government

• Popular Sovereignty
• The principle that government gets its authority
  from the people, therefore people have a right to
  change or abolish their government.

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Seven Basic Principles of Government

• Limited Government

The principle that government has only the powers
that the Constitution gives it. Everyone, no
matter how important, must obey the law.
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Seven Basic Principles of Government

• Separation of Powers

The idea of limiting government power by dividing
it among different branches of government.
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Seven Basic Principles of Government

• Checks and Balances

Each branch of government has power to check, or
limit, actions of the other branches.
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Seven Basic Principles of Government

• Federalism

The principle of dividing power between the
federal government and the states.
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Seven Basic Principles of Government

• Republicanism

A form of government in which citizens elect
representatives to carry out their will.
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Seven Basic Principles of Government

• Individual Rights

Individual rights include freedom of speech,
freedom of religion, and the right to trial by
jury.
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Checks and Balances

• Which Branch Checks on the Others

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• Legislative Branch
• (Congress)
• Passes Laws
• Can override Presidents veto
• Approves treaties and presidential appointments
• Can impeach and remove President and other high
  officials
• Creates lower federal courts
• Appropriates money
• Prints and coins money
• Raises and supports the armed forces
• Regulates foreign and interstate trade

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Separation of Power

• Executive Branch
• (President)
• Carries Out Laws
• Proposes laws
• Can veto laws
• Negotiates foreign treaties
• Serves as Commander-In-Chief of armed services
• Appoints federal judges, ambassadors, and other
  high officials
• Can grant pardons to federal offenders

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Separation of Powers

• Judicial Branch
• Supreme Court and Other Federal Courts
• (Interprets Laws)
• Can declare laws unconstitutional
• Can declare executive actions unconstitutional

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How the Federal Government Works

• What are the powers of the legislative branch?
• What roles does the President fill as head of the
  executive branch?
• How is the judicial branch organized?
• How can each branch of the government check the
  powers of the other two?

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The Legislative Branch Congress

• House of Representatives
• 435 members
• Number of representatives for a state is based on
  that states population
• 2-year terms
• Leader of the House is the Speaker.

• Senate
• 100 members
• Two senators per state
• 6-year terms
• Leader of the Senate is the Vice President of the
  United States. When the Vice President is away,
  the president pro tempore takes over

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The Legislative Branch The Powers of Congress

• Listed Powers and Duties of Congress
• To make laws
• To levy taxes
• To borrow money
• To coin money
• To establish post offices
• To fix standard weights and measures
• To declare war

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The Legislative Branch The Powers of Congress

• Elastic Clause
• Congress can make all Laws which shall be
  necessary and proper for carrying out its
  duties.

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The Executive Branch Powers and Duties of the
President

• To carry out the nations laws
• To direct foreign policy
• To make treaties
• To appoint ambassadors
• To act as Commander in Chief of the armed forces
• To suggest new laws and work for their passage
• Can grant pardons
• Can call special sessions of Congress
• To stand as a symbol of the nation

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Electing the President

• The President is elected for a 4-year term.
• The President may be elected to no more than two
  complete terms.
• The President is elected by a complex system
  known as the electoral college.
• When Americans vote for President, they are
  really voting for a group of electors pledged to
  the candidate.
• A few weeks after Election Day, the electors meet
  in each state to vote. The candidate who receives
  a majority of the electoral votes nationwide
  becomes President.

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The Judicial Branch
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• Changing the Constitution

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Changing the Constitution

• How can the Constitution be amended?
• What rights does the Bill of Rights protect?
• How did later amendments expand democratic
  rights?

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Amending the Constitution
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The Bill of Rights

• Congress drafted amendments in 1789
• Sent to states for approval
• In 1791, first 10 amendments became known as The
  Bill Of Rights and became part of the
  Constitution.

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First Amendment

• Safeguards individual rights freedom of
  religion, speech, the press, the right to
  assemble peacefully, the right to petition the
  government to change its policies.

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Two through Four

• Protects against abuse of power

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Second Amendment

• A well-regulated militia being necessary to the
  security of a free state, the right of the people
  to keep and bear arms shall not be infringed.

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Third Amendment

• Congress may not force citizens to put up troops
  in their homes.

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Fourth Amendment

• Citizens are protected from unlawful searches of
  their homes and property.

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Five through Eight

• Protects rights of the accused

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Fifth Amendment

• People cannot be forced to incriminate, or give
  evidence against, themselves.

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Sixth Amendment

• People are guaranteed the right to a speedy and
  public trial by a fair jury.
• The accused have a right to know the charges
  against them and who is making the charges.

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Seventh Amendment

• Provides for juries in civil, or non criminal,
  trials.

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Eighth Amendment

• Forbids excessive bail or fines and cruel and
  unusual punishments.

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Ninth Amendment

• Makes clear that citizens rights are not limited
  to those listed in the Constitution.

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Tenth Amendment

• All powers not given to the national government
  or denied to the states are reserved for the
  states or for the people.

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Later Amendments

• Amended only 17 times
• Reflect attitude changes about equality and
  expansion of democracy

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Thirteenth Amendment

• Abolished slavery.

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Fourteenth Amendment

• Guaranteed citizenship to former slaves

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Fifteenth Amendment

• Declared that states may not deny the vote to any
  citizen on the basis of race, color, or previous
  condition of servitude.

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Nineteenth Amendment

• Gave women the right to vote.

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Twenty-sixth Amendment

• Lowered the minimum voting age from 21 to 18.

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• State and Local Governments

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How State Constitutions Compare With the National
Constitution

• Similarities
• Most state constitutions begin with a preamble.
• Most state constitutions include a bill of
  rights.
• State constitutions set up a government with
  three brancheslegislative, executive, and
  judicial.
• State constitutions can be amended.

• Differences
• Most state constitutions are longer and more
  detailed.
• In many states, citizens can amend the
  constitution. In a process known as the
  constitutional initiative, people can gather
  signatures on a petition to amend the state
  constitution. If enough signatures are gathered,
  the petition goes to the legislature or to the
  voters.

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Examples of Services Provided by States

• Maintain law and order
• Enforce criminal law
• Protect property
• Regulate business
• Supervise public education
• Provide public health and welfare programs
• Build and maintain the states infrastructure, or
  system of roads, bridges, and tunnels
• Operate state parks and forests
• Regulate use of state-owned land
• License professionals, such as doctors, lawyers,
  and teachers

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Work of Local Governments

• Local Government government on the county,
  parish, city, town, village, and district level
  get their powers from the state
• Build and run local schools
• Hire and support firefighters, police, and
  garbage collectors
• Provide sewers and water
• Maintain local roads
• Maintain local hospitals
• Conduct safety inspections of buildings and
  restaurants
• May own and run water and sewage treatment plants
• Provide libraries, parks, and other cultural and
  recreational facilities
• May support airports, sports arenas, and civic
  centers

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• Rights and Responsibilities of Citizens

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What Is a Citizen?

• A citizen is a person who owes loyalty to a
  particular nation and is entitled to all its
  rights and protections.

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What Is a Citizen?

• To be a United States citizen
• You were born in the United States or at least
  one parent is a citizen.
• You were naturalized, that is, you have completed
  the official legal process for becoming a
  citizen.
• Many immigrantspeople who enter another country
  to settle therebecome naturalized citizens.
• First, immigrants may have permission to stay in
  the country as resident aliens, or noncitizens
  living in the country.
• You were 18 or younger when your parents were
  naturalized.

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Democratic Values

• Basic Values
• Such as honesty and compassion

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Democratic Values

• Patriotism
• feeling of love and devotion toward
• ones country

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Democratic Values

• Respect
• For ourselves, our families, our neighbors, and
  other members of our community

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Democratic Values

• Responsibility-1
• Both personal and public responsibility
  responsibility for ourselves and the consequences
  of our actions

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Democratic Values

• Responsibility-2
• Physical and moral courage doing the right thing
  even when it is unpopular, difficult, or
  dangerous

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Responsibilities of Citizenship

• Voting
• Obeying the laws
• Defending the nation
• Serving on a jury
• Serving the community
• Being informed

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Voting

• Citizens must study the candidates and issues in
  order to make responsible choices.

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Obeying the laws

• We give the government the power to make laws for
  us, so we have a duty to obey the laws.

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Defending the nation

• Citizens must help defend the nation against
  threats to its peace or security, such as by
  serving in the military.

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Serving on a jury

• Citizens must take time out from their work and
  personal lives for jury duty, serving on a jury
  when called.

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Serving the community

• Many citizens offer their time and talents to
  improve their communities and help others.

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Being informed

• Citizens cannot protect their rights unless they
  know what they are and stay informed.