Instructional Focus Document Notes Grade 8/Social Studies

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Instructional Focus Document NotesGrade 8/Social
Studies

• UNIT 05 TITLE More Perfect Union
• Part 1 Principles of the Constitution

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Constitution

• After the Founding fathers had written the
  Constitution in 1787 at the Philadelphia
  Convention, there had been a division among many
  delegates as to how the new Constitution should
  operate.
• Federalists wanted a loose interpretation of the
  Constitution
• Anti-Federalists (Democratic Republicans) wanted
  a strict interpretation of the Constitution.

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Constitution

• There had already been a series of debates,
  issues, and compromises which had taken place
  during the Constitutional Convention including
• The Great Compromise
• The 3/5 Compromise
• Federalists vs. Anti-Federalists
• The Federalist Papers
• The Bill of Rights

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Preamble to The U.S. Constitution (The purpose)

• We the people of the United States in order to
  form a more perfect union, establish justice,
  insure domestic tranquility, provide for the
  common defense, promote the general welfare, and
  secure the blessings of liberty to ourselves and
  our posterity, do ordain and establish this
  Constitution for the United States of America.

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• The delegates at the Constitutional Convention
  had also made sure that the Constitution would
  answer and eliminate the grievances that had been
  listed in the Declaration of independence, such
  as

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Answered Grievances

• Grievances in the Declaration Of Independence
• Taxation without representation
• king has absolute power
• Colonists not allowed to speak out against the
  king
• Quartering Act forced colonists to house British
  soldiers
• Colonists homes could be searched without any
  kind of warrant
• Colonists were not allowed a trial with a jury of
  their peers

• Answered in the Constitution
• All states are represented in Congress
• Congress has the power to override a presidential
  veto
• 1st amendment-Freedom of speech
• 3rd amendment-No quartering of troops
• 4th amendment-No unwarranted search or seizure
• 6th amendment-Speedy and public trial, by an
  impartial jury.
• 7th amendment Right to a trial by jury of peers.

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Principles of the Constitution

• The Constitution was written with 7 principles.
  These are
• Limited Government- The Constitution and laws
  define the limits of those in power. Everyone
  including those with authority must obey the
  laws. Our government is restricted in what it may
  do.
• Republicanism- This philosophy means a limited
  government with elected representatives who serve
  the will of the people. Our government is based
  on the consent of the governed.

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Principles of the Constitution

• Popular Sovereignty- This concept means that
  political power rests with the people of this
  country. We can create, alter, or abolish the
  government. We exercise this power by voting and
  participating in government.
• Individual Rights- These are the rights protected
  with the Bill of Rights. (First 10 amendments to
  the U.S. Constitution) Added in 1791 the Bill of
  Rights included protection of free speech and
  press, freedom of religion, right to bear arms,
  and other personal rights.
• Separation of Powers- This is the division of our
  Government into 3 branches. The Legislative
  branch, Executive branch, and Judicial branch.

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Separation of powers

• The Great Compromise also divided the Legislative
  branch into TWO houses. A House of
  Representatives based on population of a state,
  and The Senate where every state gets two
  senators.

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• Checks and Balances- This system does not allow
  any one branch of Government to have too much
  power. Each branch of government holds the other
  2 in check, which keeps our government in
  balance.

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Federalism

• Federalism- The distribution of power in our
  country between the Federal Government and the
  Individual State Governments. There are some
  powers delegated ONLY to the Federal Government,
  and there are some powers delegated ONLY to State
  Governments

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Federalism
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Amendments

• Our Constitution can be changed by adding
  amendments. After the Bill of Rights was added in
  1791 (The first 10), our Constitution was amended
  17 more times, for a total of 27 Amendments.
• The process by which our constitution is amended
  involves the proposal for an amendment by
  Congress (both houses) with a 2/3 majority, or a
  proposal from 2/3 of the states. The Amendment
  then must be RATIFIED by ¾ of the state
  legislatures.

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How a Bill becomes a Law-
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Judicial Review

• Judicial Review- This is the ability of the U.S.
  Supreme Court to interpret the Law. If the
  Supreme Court decides a law violates the
  Constitution, it can not go into effect, or if it
  is already in effect, the law would no longer be
  legal. This allows a balance between the 3
  branches of government. This also allows the
  Supreme Court to determine the Constitutionality
  of laws made by Congress.

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Marbury v. Madison

• Judicial Review originated with the case of
  Marbury v. Madison. Chief Justice John Marshall
  who had been appointed by President John Adams
  presided over the case. John Marshall was a wise
  choice by Adams because of his ability to discuss
  issues logically and make well reasoned
  arguments.

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Marbury v. Madison

• Incoming President Thomas Jefferson had ordered
  James Madison not to deliver outgoing President
  John Adams last minute Judicial appointments.
  When William Marbury sued Madison for the
  delivery of his appointment, John Marshall and
  the Supreme Court decided that the law that had
  allowed William Marbury to sue was
  unconstitutional. The case of Marbury v. Madison
  established this precedent of Judicial Review.
• Judges make decisions based on the rules set
  forth in the U.S. Constitution.