8th Grade Social Studies STAAR Review: Constitutional Government

Constitutional Government (1783-1791)

• The period covering the establishment of the U.S. Constitution.

7 Principles of the Constitution

• Separation of Powers: Divides government powers into three branches.

  • Legislative Branch: Makes laws.
  • Executive Branch: Executes laws.
  • Judicial Branch: Interprets laws.

• Checks and Balances: Ensures no government branch becomes too powerful.

  • Example: President can veto bills; Congress can impeach a president; Supreme Court can rule laws unconstitutional.

• Federalism: Shared power between state and national governments.

  • Example: Powers shared between the U.S. government and Texas state government.

• Limited Government: Government power is restricted by the U.S. Constitution.

• Republicanism: Citizens elect representatives to govern.

  • Example: Voting for members of Congress.

• Popular Sovereignty: The people hold ultimate power in government.

• Individual Rights: Protected by the Bill of Rights which includes the first ten amendments.

Ratification of the Constitution

• Federalist Papers (1787-1788): Essays supporting the Constitution.
  • Key Federalists: Alexander Hamilton, John Jay, and James Madison.
  • Anti-Federalists: Patrick Henry, George Mason.

The Bill of Rights

• 1st Amendment: Protects freedom of speech, religion, press; rights to assemble and petition.
• 2nd Amendment: Protects the right to bear arms.
• 3rd Amendment: Prohibits quartering troops in peacetime.
• 4th Amendment: Protects against unlawful searches and seizures.
• 5th Amendment: Rights to due process; protects against double jeopardy and self-incrimination.
• 6th Amendment: Right to a speedy and public trial; right to a lawyer.
• 7th Amendment: Right to trial by jury in civil cases.
• 8th Amendment: Prohibits cruel or unusual punishment and excessive fines.
• 9th Amendment: Rights not specifically listed are reserved for the people.
• 10th Amendment: Powers not delegated to the national government are reserved for the states.

Three-Fifths Compromise

• An agreement on how slaves would be counted for representation purposes, benefitting southern states.

Grievances in the Declaration of Independence Addressed in the Constitution

• Taxation Without Representation: Ensured representation in Congress to set taxes.
• King's Absolute Power: Congress can override the executive branch.
• Freedom of Speech: 1st Amendment allows criticism of the government.
• Quartering of Troops: 3rd Amendment protects against forced housing of soldiers.
• Search and Seizure: 4th Amendment requires warrants.
• Trial by Jury: 6th & 7th Amendments ensure fair trials.

Articles of Confederation (1781)

• The first government structure which was weak and replaced by the U.S. Constitution.
• Strengths: Equal voice in Congress, power to declare war, negotiate treaties, etc.
• Weaknesses: No national taxes, lack of federal court system, inability to regulate commerce, limited military capability.

Key Vocabulary

• Constitution: The supreme law of the U.S., established in 1787.
• Compromise: Agreement where parties give up something.
• Federalist: Supporter of the U.S. Constitution.
• Anti-Federalist: Opponent of the U.S. Constitution.
• Due Process: Government must follow established laws.
• Ratification: Approval process for the Constitution.
• Amendment: Addition to a legal document.
• Sovereignty: Independent power in governance.

Amending the Constitution

• Purposes: Allows change to adapt to societal needs.
• Process: Proposal by Congress (two-thirds majority) or a convention by two-thirds of the states.

Criteria to Become a Citizen

• Must be at least 18 years old.
• Legal immigrant residing for a specified time.
• Resided in the state or territory applying to for a certain period.
• Must have English language proficiency.
• Must understand basics of U.S. history, government, and civics.
• Must show attachment to the U.S. Constitution.