government unit 2

UTHS

Preamble to the Constitution

Know the six purposes of the Constitution:

• Form a more perfect Union

• Establish Justice

• Insure domestic Tranquility

• Provide for the common defense

• Promote the general Welfare

• Secure the Blessings of Liberty

Remember the opening:

"We the People" → shows Popular Sovereignty (government gets its power from the people).

7 Principles of the Constitution

1. Popular Sovereignty

2. Limited Government

3. Republicanism

4. Separation of Powers

5. Checks and Balances

6. Federalism

7. Individual Rights

Popular Sovereignty

• Government gets its power from the people.

• "Rule by the people."

Limited Government

• Government's power is limited by the Constitution.

• No one is above the law.

Republicanism

People elect representatives to make decisions.

Separation of Powers

Government is divided into:

• Legislative

• Executive

• Judicial

Purpose:

• Prevent one branch from becoming too powerful.

Checks and Balances

Each branch can limit the power of the others.

Examples:

• President vetoes bills.

• Congress overrides vetoes.

• Supreme Court declares laws unconstitutional.

• Senate confirms judges.

Federalism

Power is shared between:

• National government

• State governments

Individual Rights

Protected mainly by the Bill of Rights.

Examples:

• Freedom of speech

• Religion

• Bear arms

• Jury trial

• Protection from unreasonable searches

The Federalist Papers

Know who wrote them:

• James Madison

• Alexander Hamilton

• John Jay

Federalist No. 10

• Supports a republic instead of a direct democracy.

• Representatives make decisions for the people.

Federalist No. 39

Explains that the U.S. government is both:

• National

• Federal

Federalist No. 51

• Explains:

  • Separation of powers

  • Checks and balances

• Famous idea:

"Ambition must be made to counteract ambition."

Article I

Legislative Branch

• Congress

• Makes laws

Article II

Executive Branch

• President

• Enforces laws

Article III

Judicial Branch

• Supreme Court

• Interprets laws

Article IV

Relations among states

Article V

How to amend the Constitution

Article VI

Supremacy Clause

• Constitution is the supreme law of the land.

Article VII

Ratification process

Checks and Balances (2)

Executive →

• Veto bills

• Appoint judges

Legislative →

• Override veto

• Impeach President

• Confirm judges

Judicial →

• Declare laws unconstitutional

• Declare presidential actions unconstitutional

Amendments

• Constitution has 27 amendments.

• First 10 = Bill of Rights.

Bill of Rights

Protects individual freedoms.

Examples:

• Speech

• Religion

• Press

• Assembly

• Bear arms

• Jury trial

5th Amendment

Protects:

• Due process

• Eminent domain requires just compensation

14th Amendment

Contains:

• Due Process Clause

• Equal Protection Clause

Made Selective Incorporation possible.

Selective Incorporation

The Supreme Court used the 14th Amendment to apply most of the Bill of Rights to state governments.

18th Amendment

Prohibition (banned alcohol)

21st Amendment

Repealed the 18th Amendment

Only amendment ever repealed.

Amendment Process (Article V)

Proposal

Can happen by:

• 2/3 of both houses of Congress
  OR

• National convention called by 2/3 of state legislatures

Ratification

Can happen by:

• 3/4 of state legislatures
  OR

• 3/4 of state conventions

Why is it difficult?

Because the Founders wanted changes only when there was overwhelming support.

Federalism

Power is shared between:

• National government

• State governments

State Governments

Each state has:

• Constitution

• Legislature

• Governor

• Courts

Nebraska is unique:

• Only state with a unicameral legislature.

Local Governments

Examples:

• Cities

• Counties

Receive authority through a charter from the state.

Can pass:

• Ordinances

• Local regulations

Expressed (Enumerated) Powers

Clearly listed in the Constitution.

Examples:

• Declare war

• Coin money

• Raise taxes

• Regulate interstate commerce

• Maintain military

Implied Powers

Not specifically written but inferred.

Example:

• Building nuclear weapons

Comes from the Necessary and Proper Clause.

Reserved Powers

Belong to the states.

Examples:

• Schools

• Driver licenses

• Elections

• Local government

• Intrastate business

Protected by the 10th Amendment.

Concurrent Powers

Shared by national and state governments.

Examples:

• Tax

• Courts

• Borrow money

• Make laws

• Eminent domain

10th Amendment

Very important.

States:

Powers not given to the federal government are reserved to:

• States

• The people