civics 1

6 PRINCIPLES OF THE US CONSTITUTION

1. Popular Sovereignty

   1. Voting

   2. Protest

2. Limited Government

   1. Government powers are limited to what is written in the Constitution. 

3. Separation of Powers

   1. Three branches of government

      1. Legislative = make the laws

      2. Executive = enforce the laws

      3. Judicial = interpret the laws

4. Checks and Balances

   1. To make sure no branch of government is more powerful than the other

   2. Prevent a branch from having too much power

5. Judicial Review

   1. Not in the constitution

   2. Created by a court case (Marbury v. Madison)

   3. To look at a law and see if it’s constitutional or not

   4. Courts decide if government acts violate the Constitution.

6. Federalism 

   1. Power is divided between national, state, and local governments.

   2. Each level has its own responsibilities

FEDERALISM

National Governments

1. Military

2. Treaties

3. Interstate Highways

4. The Environment

5. Welfare Programs

State Governments

1. Marriage

2. Drivers License

3. Education

4. State Roads

5. Public Safety

Constitutional relationship between federal & state governments

• Amendment X – Powers not given to the national government are reserved to the states

Constitutional relationship between national & state governments

• [Supremacy Clause] Article VI of the U.S. Constitution states that the Constitution & Federal Laws are the “supreme law of the land” & superior to state laws 

The “Elastic Clause” and Commerce Clause – Stretching Federal Power

• [Elastic Clause] - Article 1, Section 8 of the Constitution. It enables the government to do what it deems necessary as issues outside of the constitution arise. Sometimes, it interferes or conflicts with the X amendment. 

  • Overrides the 10th amendment

• National powers/national government

  • Delegated or expressed powers

• Shared Power/National and State governments

  • Concurrent Powers

• State Powers/State Government

  • Reserved Powers

Federalists

• Strong national government

• Hamilton’s side

• Democrats

Anti-Federalist

• Strong state government

• Jefferson’s side

• Republicans

The New Deal under FDR 1932 - 1940

FDR wanted the government to make more changes and changed the government structure

Constitution Ratification

Articles of Confederation

• Existed for 9 years

• Needed an unanimous agreement for everything

Anti-federalists (opposed)

• Jeffersons side

• Wanted god to be mentioned in the constitution

• Denial of states to print money

• Wanted less power to be given for the central government

• Wanted the bill of rights to be added

Federalists (favored)

• Hamilton and madison’s side

• Strong central government

Ratification: needed 9 states to ratify. Eleven ratified by July 26th

• Delaware was the first

• Rhode Island was the last

• Chose New York as the capital

Sructure of the Constitution

1. Preamble

2. Articles (7)

3. Amendments (27)

Bill of Rights

• The first 10 amendments of the constitution

•  The Constitution would not  have been ratified without these 10 items

• Cornerstone of our liberties

Amendment Processes

When you first introduce an amendment it has to pass within 7 years

• An Amendment may be introduced by a 2/3 vote in both the senate and house and 3/4 of state legislatures (38 states). 

  • Or

• 2/3 of state legislatures may call for a national convention (34 states).  

• Amendment may be proposed by congress and ratified by 3/4 of the States.  

The Articles

• Article I - outlines legislative powers

  • How laws are made

• Article II - outlines the executive branch  

  • What the president can do

• Article III - Explains how the judicial branch will function 

  • Works and interprets it through judicial review

Supremacy Clause

The Constitution is the supreme law of the land.  Article VI, Clause 2 

•  Citizens and the states grant ultimate  power to federal laws, treaties and the Constitution…

BILL OF RIGHTS

First Amendment

• Freedom of religion

  • Establishment Clause: Prevents the government from starting a religion

  • Free Exercise Clause: you can practice your religion in any way you see fit as long as it does not harm others

• Freedom of Speech

• Freedom of Press

• Freedom of Assembly

• Freedom of Petition

Second Amendment

• A well regulated Militia, being necessary to the security of a free State, 

• Right to bear arms

  • A militia (or army) has the right to have weapons to keep our country safe.

  • The government does not have the right to take your arms(guns) away

Third Amendment

• Right to not quarter soldiers

  • You don’t have to let soldiers live in your home

Fourth Amendment

• Right to a reasonable amount of privacy.

• No unreasonable searches and seizures.

• Law enforcement must have a warrant or “probable cause” in order to execute a search. 

Fifth Amendment

• Right to not testify against yourself.

• “Due Process” must be followed

Sixth Amendment

• Right to a speedy and public trial.

• Right to be informed of the charges against you. 

• Right to confront accusers

• Right to obtain witnesses in your favor

• Right to a court appointed attorney

  • Typically used in “Criminal Trials” 

Seventh Amendment

• Sets up rules for “Civil Trials”

  • Civil Trial - one person seeks damages/remedy from another person

Eighth Amendment

• No excessive bail

• No Excessive fines

• No cruel and unusual punishment

Ninth Amendment

• The Constitution shall not be used to deny people of other fundamental rights.

• Just because a right is not listed, does not mean you don’t have them. 

• Other rights exist and the government can't deny those

Tenth Amendment

• The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

• Any right not mentioned in the Bill of Rights is left up to the states to decide if their people get it or not.