Constitution

1. Philosophy of Government (The Declaration of Independence):

   1. Self-evident truth

• There is no need for explanation, self- evident truths are true no matter what. it is a universal truth that all men are created equal 

2. Inalienable

• God given rights that can not be taken away

3. Inalienable rights

• Life, liberty, and the pursuit of happiness

4. Purpose of government

• To secure our inalienable rights and the safety and happiness of people governed. 

5. Limited or Unlimited

• The powers given to the government are limited. If the government takes too much power, the people will abolish or change it. 

6. When can governments be changed?

• When its goal becomes destructive of people’s inalienable rights. 

2. Understanding the Constitution

1. What is Federalism?

• Federalism is a type of government where power is shared between the state government and the federal government. 

2. What is Popular Sovereignty?

• A type of government where the government runs on the consent of people. If they take too much power, the people will rebel. Popular sovereignty = supreme rule of people. 

3. What are Checks and Balances?

• Checks and balances divide the power between the three branches of the United States government so that no one branch has too much power. 

4. What is Republicanism?

• Representative democracy. Republicanism is a system where power is not handed down generationally (people are elected for a limited time). In this system, the power lies with the people. 

 III. Purpose of Government (Preamble)

1. What is the preamble?

• The preamble is the introduction to the constitution. It is a statement of purpose and outlines the goals of the constitution. 

2. What are the six stated purposes of the government?

• Form a more perfect union, establish justice, ensure domestic tranquility, provide for the common defense, promote the general welfare, secure blessings of liberty. 

IV. Structure/Function of Government

1. Legislative Branch - Makes Laws

1. What is the name of this branch of government?

• Congress 

2. Who makes up this branch?

• Senate and the House of Representatives

3. What is the difference between Congress, the Senate, and the House of Representatives?

• Congress is the umbrella term for the Legislative Branch, Congress passes bills to be approved by the President, then become laws. The Senate is composed of two representatives from each state. The H of R is composed of representatives from each state, the number of which is connected to the number of people in each state. 

4. What is their primary function?

• To make laws/acts. 

5. What are the qualifications for members?

• House of representatives - Must be 25 years old, live in the state they serve, and must be a citizen of the US for at least 7 years

• Senate - Must be 30 years old, live in the state they serve, and be a citizen of the US for at least 9 years. 

6. How long do they serve?

• House of representatives - 2 years (no limit)

• Senate - 6 years (no limit)

7. Who is the president of the Senate? When does he/she vote?

• The vice president is the president of the senate. He/she votes when there is a tie between the members of the senate. 

8. What are some of the powers granted to Congress?

• Make Laws, declare war, Impeach and Try Federal Officers, Approve Treaties, consents to presidential appointments. 

9. What are some powers denied to Congress?

• 3 limitations: writ of habeas corpus (right to a court), bill of attainder (punishment without trial), ex post facto (punishment for a crime that was legal when committed).  

10. What is the elastic clause? Why is it called this?

• The government can make laws to enforce any of the laws previously stated in the constitution. It is called the elastic clause because the government can only stretch this power so far before people protest/the elastic snaps.

11. What are some powers denied to the states?

• Form alliances with foreign government/states, declare war, coin money, impose duties on imports/exports

12. Do both houses have to approve a bill for it to become a law?

• Yes

    B. Executive Branch - Enforcing Laws

1. What is the name of this branch of government?

• The executive branch

2. Who makes up this branch?

• President, Vice President, and Cabinet

3. What is their primary function?

• Enforcing Laws

4. What are the qualifications to be President?

• 35 years old natural-born citizen, been a resident of the US for at least 14 years. 

5. How long does the President serve?

• Maximum of two 4-year terms. 

6. How are electors determined in the electoral college?

• Each state is allowed the same number of electoral votes as they have senators and representatives combined. 

7. How many electors do you need to become president?

• 270 (more that half)

8. What day is election day?

• The Tuesday after the first Monday in November (This year it is Nov. 5th)

9. What are some of the executive powers?

• Commander in chief of the military, 

• conducting foreign affairs, Make treaties with ⅔ senate approval

• appoints federal judges, ambassadors, and other heads of federal office

• Grant pardons

• Veto legislation passed by congress

10. If a President vetoes a bill, can it still become a law? If yes, how?

• A vetoed bill can still become a law with ⅔ Senate and House approval. 

    C. Judicial Branch - Evaluates laws/constitutionality

1. What is the name of this branch of government?

• The Judicial Branch

2. Who makes up this branch?

• Supreme court and other federal courts created by congress

3. What is their primary function?

• Evaluates laws/constitutionality

4. How long do Supreme Court judges serve? Why?

• Judges serve for life which diminishes the chance for corruption, helping judges get elected could possibly make them biased. 

    D. Relationships among States 

1. What is the topic of Article IV?

• States’ Relation

2. What are some of the responsibilities between the states? (Full Faith and Credit/Privileges and Immunities)

• FFandC : States must recognize and respect the Acts, Records, and Judicial Proceedings of other states. Congress can also give general laws regarding those things that every state must adhere to. This means that every state must be open about things that are happening in that state and must share those things if asked by another state. 

• Privileges and immunities :  This section is added to give citizens of one state the same rights as those of another, it is also to prevent discrimination against people from different states. It also explains how if someone is charged with a crime, then flees to another state, they must be returned to the state from which they came. 

3. What limitations are put on admitting new states to the Union?

• A new state can not be formed within a preexisting state

    E. Changing the Constitution

1. What fraction of the houses of Congress is necessary to approve a proposed Amendment?

• 2/3

2. What fraction of the states must approve a proposed amendment for it to be ratified?

• 3/4

   F. Supremacy Clause 

1. What does the Constitution say about which law shall predominate if there is any conflict between laws?

• The constitution is the supreme law of the land and shall be referred to if there is any conflict between laws. 

          G. Ratifying the Constitution

1. How many states had to ratify the Constitution for it to become law?

• 9 States

V. Rights/Bill of Rights

1. Civil Liberties (Religion, petition, speech, press, assembly)

2. Right to Bear Arms

3. No Quartering of Soldiers

4. No Unlawful Searches and Seizures

5. Due Process of Law (prevents self- incrimination, ppl being tried for the same crime twice, can’t witness against yourself, gov has to give just compensation for taken land)

6. Rights of the Accused (speedy and public trial, impartial jury, be informed of crime, can cross-examine, have time to gain witnesses, have counsel for defense). 

7. Trial by Jury in Civil Case (cases over $20 will be heard)

8. Cruel and Unusual Punishment (no excessive bail or fines, nor cruel and unusual punishment). 

9. Other Rights Retained by the People

10. Limited Government (rights not given to the federal government nor prohibited to state government will go to the states or people. 

XIII. Abolished Slavery

XIV. Citizenship/Equal Protection Under the Law

              XV. African Americans Right to Vote

XIX. Women Right to Vote

XXVI. Right to Vote at 18.