Citizenship In The Nation

Citizenship in the Nation

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Designed by: Gayla S. Keesee

2004

No More KingsAccording to the lyrics of the

SchoolHouse Rock song, what problems did the colonists have with British rule?

What other problems are you aware of?

How did the colonists attempt to solve the problems?

How was the government for the new United States of America different from the British government?

Four Parts

Preamble Why writing this document

Theory of government Government formed with consent of

the people If government does not serve the

people, they have the right to rebel

Grievances against the British government

Actual declaration

Basic Ideas

Statement of the American theory of government

Three basic ideas God made all men equal and given

them the rights of life, liberty, and the pursuit of happiness

Main business of government to protect these rights

If a government tries to withhold these rights, the people are free to revolt and set up a new government

Articles of Confederation1781-1789

Confederation Loosely joined together group of

states

First form of governmentStates retained most authorityDecentralized, weak union

Articles of Confederation1781-1789

Problems No executive or judiciary

Foreign affairs—Britain, Spain, FranceNative Americans

No power to tax Could only “request” that states pay war

debts

No power to regulate interstate tradeInterstate bickering

Money States coined own moneyWorthless “Continentals”

Basic Ideas

Popular Sovereignty

Limited Government

Federalism

Separation of Powers

Checks and Balances

I. Popular Sovereignty

The people hold the ultimate authority

A representative democracy lets the people elect leaders to make decisions for them.

II. Limited Government

Framers wanted to guard against tyranny

Government is limited to the powers given in the Constitution

The Constitution tells how leaders who overstep their power can be removed

III. Federalism

The division of power between State and National Governments

Some powers are sharedThe National Government has the

“supreme power”— Supremacy Clause

IV. Separation of Powers

No one holds “too much” power

Legislative branch makes the laws

Executive branch carries out the laws

Judicial branch interprets the laws

V. Checks and Balances

Prevents the abuse of power in government

Each branch can check each other

Preamble ~

Explains why the

Constitution was written

Articles

(7)~

Describe how the government

works and how the Constitution can be changed

Amendments (27)

~

Describes the rights of the

citizens of the United States

The Constitution

We the People, 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 of

the United States of America.

The Preamble

We, the People of the United States, want to make a better country.

We want a court system that treats people fairly and equally.

We want peace in our country.

We want an army to protect us.

We want our people to have the things they need.

We want freedom now and in the future.

We are writing and signing this Constitution to guarantee we will have these things.

What Does It Mean?

What are the three branches?What is the main responsibility of

each?

Three-Ring Government

Legislative Branch—makes laws

Executive Branch—enforces

laws

Judicial Branch—interprets

laws

The Federal Capital Building

House of Representatives The Senate

House of Representatives Serve 2 year terms Must be at least 25 years old Must be a resident of the U.S.

7 years Based on state population Each state has at least

one representative Total = 435 members

Senate Serve 6 year termsMust be at least 30 years oldMust be a resident of the U.S.

9 yearsEach state has 2 senatorsTotal = 100 members

Enumerated Powers—powers specifically granted

in the Constitution

Legislative Branch

House of RepresentativesSenate

Make our laws All laws must pass both Houses

Tax and spend the money raised by taxes House must introduce all spending bills

Borrow moneyEstablish uniform bankruptcy laws

Provide for the nation’s defense and general welfare   Raise and support armies and a navy Organize a militia (National Guard) Authority to call out militia to suppress

insurrections or repel invasions

Declare War Congress must approve a

declaration of war

Coin money and regulate its value Fix the standard of weights and

measuresProtect copyrights and patentsEstablish Post Offices and RoadsRegulate Interstate Commerce and

TransportationRegulate Immigration and

Naturalization

To constitute tribunals inferior to the Supreme Court…

The Constitution provides only for a Supreme Court, and left it to Congress to create lower (“inferior”) courts, and to set their jurisdictions and duties

Elastic Clause

To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

Types of Legislation

Four basic types Bills Joint resolutions Concurrent resolutions Simple resolutions

All bills must pass the House and Senate in the exact same form before they are sent to the President.

An idea for a bill may come from anybody.

Only Members of Congress can introduce a bill.

Bills can be introduced at any time the House or Senate is in session.

A Representative or Senator who introduces a bill becomes that bill’s sponsor. A bill may also have cosponsors.

Once a Bill is introduced, it is sent to committee for discussion and debate.

The Bill must pass both houses in the exact same form in order to be sent to the President.

Presidential Options

Sign the bill into law

Veto the bill

Do nothing

Presidential Options

1.Sign the bill into law Immediately becomes law Only the Supreme Court can remove

the law

2.Veto the bill Return to Congress unsigned—

usually with an explanation Congress can override the veto with

2/3 vote of both House

Presidential Options

3.Do nothingIf Congress is in session 10

business days after the President receives the bill, automatically becomes law

If Congress adjourns within 10 business days, the bill dies—Pocket Veto

Congress can do nothing to override this decision.

4 year terms no more than a total of 10 years in

succession

Must be at least 35 years oldA resident of the United

States for 14 years A natural-born citizen

PresidentVice-PresidentCabinet

Presidential Advisors15 departments

• Secretary of State

• Secretary of the Treasury

• Secretary of Defense

• Attorney General

• Secretary of the Interior

• Secretary of Agriculture

• Secretary of Commerce

• Secretary of Labor

• Secretary of Health and Human Services

• Secretary of Housing and Urban Development

• Secretary of Transportation

• Secretary of Education

• Secretary of Energy

• Secretary of Veterans’ Affairs

• Secretary of Homeland Security

The Cabinet

Enumerated Powers of the President

National Security PowersLegislative Powers

Administrative PowersJudicial Powers

National Security Powers: Serves as the Commander-in-Chief of

the armed forces. Can authorize the use of troops

overseas. To declare war officially, he must get the approval of the Congress

Makes treaties with other nations; however, the Senate must approve any treaty before it becomes official

Nominates ambassadors, with the agreement of the Senate

Legislative Powers: Presents information on the state of

the union to Congress Recommends legislation to Congress. Convenes both houses of Congress in

special sessions Approves laws passed by Congress

Administrative Powers: “Take care that the laws be faithfully

executed” -- Article II, Section 3 Appoints the heads of each Executive

Branch department Appoints ambassadors, Supreme

Court Justices, and other officials, with approval of the Senate

Fills administrative vacancies during congressional recesses

Judicial Powers: Grants reprieves and pardons for

Federal crimes (except impeachment)

Appoints Federal judges, with the agreement of the Senate

Presidential Election:Electoral College

Compromise Direct popular election vs.

Election by CongressNumber of electors based on

total number of Senators and Representatives for each state Georgia has 14 electors

Supreme Court Justices“Nine Players” (1869)

Seven members were fine'Till 1869Go up then downFrom 10-7But this act gave us nine.

Back Row (left to right): Ginsburg, Souter, Thomas, Breyer Front Row (left to right): Scalia, Stevens, Rehnquist, O'Connor, Kennedy

Supreme Court Eight Justices and one Chief

Justice Appointed by the President and

approved by the Senate Appointed for life

as long as they want”good behavior”

Enumerated Powers of the

Supreme Court

Original Jurisdiction—hear directlyCases affecting Ambassadors,

other public Ministers and Consuls (Diplomats)

Cases in which a state shall be party

Appellate Jurisdiction—review decisions of lower court Admiralty and maritime cases Controversies involving one or

more states Controversies involving the

United States

•Three levels•District trial courts -- lowest level of courts •Appeals courts -- middle level of courts •Supreme Court -- highest court in the country

Federal Court System

Checks and Balances

No one branch has more power than another

ExecutiveChecksOn the

Legislative

* Can propose laws

* Can veto laws

* Can call specialsessions of Congress

* Makes appointments

* Negotiates foreign treaties

* Can grant pardons to federal offenders

ExecutiveChecks On theJudicial

* Appoints federal judges

Checks and Balances

Legislative

Checks

On the

JudicialLegislative

Checks

On the

Executive* Can override President’s veto

* Confirms executive appointments

* Ratifies treaties

* Appropriates money

* Can impeach and remove President

* Can impeach and remove judges

* Create lower federal courts

* Can propose amendments to overrule judicial decisions

* Approves appointments of federal judges

Checks and Balances

* Can declare Executive actions unconstitutional

Judicial Checks onthe Executive Branch

* Can declare acts of Congress unconstitutional

Judicial Checks onthe Legislative Branch

Checks and Balances

* Presides over impeachment

proceedings

Relationship BetweenStates and National

Government

Delegated powers Reserved powers Concurrent powers Restricted powers

Powers Delegated to National Government

Coin money

Declare War

Regulate interstate & foreign trade

Set standard weights & measures

Create & maintain armed forces

Make copyright & patent laws

Establish postal offices

Establish foreign policy

Create federal courts

Admit new states

Powers Reserved by States

Create corporation laws

Regulate trade within state

Establish &maintain schools

Establish local governments

Make laws aboutmarriage & divorce

Conduct elections

Provide for public safety

Provide for public welfare

Administer criminal justice

Charter banks

Raise taxes

Borrow money

Restricted Powers

Article 1: Section 10 No State shall

enter into any Treaty, Alliance, or Confederation

coin money grant any title of nobility

Restricted Powers

No State shall, without the Consent of Congress, impose taxes on imports or exports lay any duty of tonnage keep Troops, or Ships of War in time

of Peace enter into any agreement or

compact with another state, or with a foreign power

engage in war, unless actually invaded, or in imminent danger

Amendments to the Constitution can be either additions or changes to the original text.

Since 1787, over 9,000 amendments have been proposed, but only 27 have been approved.

Amendment Process

Two Ways to Propose Amendments Congress

Whenever two thirds of both Houses shall deem it necessary

Constitutional Convention When two thirds of the state legislatures call a

Convention for proposing Amendments

Ratification—Two Ways Three fourths of the state Legislatures Three fourths of the state Conventions

The Bill of Rights

The first 10 amendments to the U. S. Constitution

The first amendment— 5 rights mentioned

Freedom of Speech

Freedom of Religion

Freedom of the Press

Freedom of Assembly

Right to petition the government

Freedom of Religion

“Congress shall make no law respecting an establishment of religion or prohibiting the free exercise there of”

Two clauses:Establishment clauseFree Exercise clause

Establishment Clause—Government cannot promote

religion

Free exercise of religion

Establishment clause-Government

Can Cannot Teach about

religions in school Allow voluntary

prayer in many examples

Transport students to a religious school

Read Bible for culture or literacy content

Establish a state religion

Order a prayer Teach religious

doctrine in the school

Pay seminary teachers

Teach creationism

Free Exercise—The personCan Cannot

Choose to worship when/where one chooses

Lead a prayer in most examples

Ask questions about religions

Worship whom or whatever he/she wants

Break the law and claim it is a religious belief

Raise children without an education

Deprive children of basic needs

Force others to follow his/her religious practices

Freedom of speech

“Congress shall make no laws . . . abridging the freedom of speech”

Free speech–The individual can:

Voice any political belief Protest (without getting out of

control) Say things about someone that

are true Burn the flag Say racist and hate slogans

Free speech means someone might say something you disagree with

Free speech—limits on the person

Cannot threaten to blow up airplanes, schools, or the President

No sexual harassment Incite riotsUse extremely crude language in a

public forumSay untrue things about someone

Freedom of the press

Congress shall make no law . . . abridging . . . the freedom of the press.”

Freedom of the press-the pressCan Cannot

Print any political position

Make fun of people, especially politicians

Expose wrongs by the government

Say things you might not agree with

Libel– intentionally injuring a person’s reputation by false facts

Disclose defense-security secrets

Detail how to make a certain weapons

Freedom of Assembly

Congress shall make no law . . . Abridging . . . The people to peaceably assemble”

Freedom of Assembly--Individual

Can Cannot

Protest Parade (with a

permit) Parade chanting

hate slogans Gang members

can congregate in public

Protest by throwing rocks and breaking windows

Hang out on private land against owners will—loitering

Teen curfew

Petition the Government

“Congress shall make no law . . . Abridging . . . the people. . . to petition the government for a redress of grievances”

Petition the government

You may sue the government for wrongs

You cannot be punished for exposing wrongs committed by the government

The courts decide the wrongs

2nd Amendment—Right to bear arms

“A well-regulated militia, being necessary to the security of a free state, the right of the people to bear arms shall not be infringed.”

What is the debate with the right to bear arms?

How much can the government keep guns from criminals and youth?

In order to keep guns away from criminals, does that limit the right of law abiding citizens?

Third Amendment—Quartering of Troops

The Government cannot force you to shelter soldiers in your home without your consent in time of war or peace.

Rights of the Accused Amendments #4-8

Fourth Amendment

What does a policeman need in order to search your home? Probable

cause A warrant

signed by a judge

Fifth Amendment

You cannot be tried for the same crime twice—called “Double Jeopardy”

You do not have to testify against yourself. “I plead the fifth”

You must have due process of law before you are convicted

The government cannot take your land unless it pays for it

Sixth Amendment

Right to speedy trial by impartial jury

You must be told of charges

You must be provided a lawyer if you cannot afford one

Sixth Amendment

Jury trial in civil cases as well as criminal cases.

Eighth Amendment

No excessive bail

No cruel and unusual punishment

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.

The “Civil War” Amendments

The 13th Amendment (1865) prohibits slavery in the United States.

The 14th Amendment (1868) establishes that all persons born or naturalized in the United States are citizens and that no state shall deprive citizens of their rights under the Constitution or deny “equal protection of the laws.”

The 15th Amendment established the right of citizens to vote regardless of “race, creed, color, or previous condition of servitude.”

Voting Rights Amendments

15th Amendment regardless of “race, creed, color, or

previous condition of servitude”

19th Amendment Women shall have the right to vote

23rd Amendment District of Columbia suffrage

24th Amendment No one has to pay a tax to vote

26th Amendment 18-year-olds given right to vote

TAX

Prohibition

18th Amendment Illegal to make, sell, distribute or

drink alcoholic beverages

21st Amendment Repealed the 18th Amendment

Functions of Government

1. Defense 2. Law Enforcement 3. Postal System 4. Highways 5. Veterans Benefits 6. Welfare 7. Social Security 8. Foreign Relations 9. Natural Resources 10. Agriculture

Functions of Government

DefenseDepartment of Defense

Army, Air Force, Navy, Marine Corps, Coast Guard

Protects the nationDefend our interests

around the world

Functions of Government

Law Enforcement Preserve public order Protect citizens’ rights and freedom

Federal Bureau of Investigation(FBI) Part of the U.S. Department of Justice

U.S. Postal Service Delivery of written communications Handle more than 165 billion pieces

of mail each year. Deliveries to nearly 29,000 post

offices in each country

Functions of Government

Highways More than 3.8 million miles of

interstate highways and federal roads

Highway Trust FundHelps finance construction and

maintenance with funds from theIncome from taxes on gasoline, tires, and

engine parts

Functions of Government

Veterans’ Benefits Department of Veterans Affairs Benefits to more than 25 million

veterans and their families

Functions of Government

Welfare US Department of Health and Human

ResourcesFood StampsAid to families with Dependent ChildrenSupplemental Security income

Social Security Pensions for retired persons Disability pay and medical insurance

for the elderly Financed through fixed contributions

from workers and their employers

Functions of Government

Foreign RelationsForeign policy

President Assisted by the Department of State

Maintain diplomatic relations with other countries

Help encourage international trade for U.S. products and services

Functions of Government Natural Resources

550 million+ acres of land under its jurisdiction Protect and preserve—land, water, minerals, fish,

wildlife National Park Service U.S. Fish and Wildlife Service Bureau of Land Management Bureau of Reclamation Bureau of Indian Affairs

Environmental Protection Agency (EPA) Independent agency of the federal government Control and end pollution of air, soil, and water from

solid wastes, noise, radiation, and toxic substances

Functions of Government Agriculture

Improve farm income Expand markets abroad for agricultural products Enhance the environment and agricultural production Reduce hunger and malnutrition in the U.S. Rural development and credit programs Food inspection and grading services—food quality

Subsidies—monies paid to farmers and ranchers to regulate or stimulate the production of various agricultural products

Extension agents demonstrate new methods and technologies to farmers and ranchers

Financing the Government

The federal government is the nation’s largest employer, borrower, spender, and consumer.

Taxes Borrowing money Management

Revenue

Most government revenues are received through taxes

Individual taxes—largest source of money Other taxes

Corporate income taxes Excise taxes on goods and services Customs duties Social Security taxes

Miscellaneous income Sale of government assets—offshore drilling

rights and land Collection of various licenses and fees

Borrowing Money

National Debt

The money the government owes

Tyrannosaurus Debt

TOUR GUIDE: To your left, folks, is the Washington Monument, to your right, the White House. And over there, just beyond the Capitol, is the National Debt!

TOUR GUIDE: The debt was born in 1790 when our new government took over 75 million the colonies spent in the Revolutionary War.

TOUR GUIDE: Alexander Hamilton, our first Secretary of the Treasury (he's on the 10, you know), wanted a federal debt to provide a reason to establish taxes to support our new nation.

Tyrannosaurus Debt

TOUR GUIDE: The Civil War ran up a debt of almost three billion dollars that still wasn't paid off by World War One.

We're spending money we don't haveOr so it would appearThe deficit is that amount we overspend each yearThough congressmen and senatorsMake vows to cut its sizeDespite their honest efforts

The debt just seems to rise

Tyrannosaurus Debt

Tyrannosaurus DebtTOUR GUIDE: And this is the U.S. Treasury.

It sells Treasury Bonds, bills, and notes, and savings bonds to finance the debt. The U.S. government promises to pay the owner interest plus the value of each bond at a future date.

TOUR GUIDE: Feeding time is ALL the time.

Management

Internal Revenue Service (IRS) Collects all taxes imposed by the the federal

government More than 100 million tax returns yearly

The U.S. Customs Service Collects taxes called duties, on many imported

goods Prevents illegal goods from being smuggled into

the U.S The Treasurer of the U.S.

Manages all government funds Pays all bills

Management

Office of Management and Budget (OMB) Reviews and alters budget requests from

departments of the executive branch to comply with the preferences of the President

Federal Reserve Board Independent agency of the government Regulates credit and borrowing in the

American banking system

It is our job as citizens to pay attention to politics, to

question, to participate.

Democracy only functions if its citizens are

educated, critical thinkers.