Government, Citizenship, and the Constitution 1787 - Present
Feb 09, 2016
Government, Citizenship, and the Constitution
1787 - Present
Ideas Behind the ConstitutionAncient Roman Republic
Independence & public service as part of devotionBritish Freedoms
Rights to private property, trial by jury, habeas corpus (no one can be jailed unless charged w/crime)
American ExperienceMayflower Compact: had powers & limits of gov.Used problems from revolutionary era
Enlightenment TeachingsJohn Locke: natural rights (life, liberty, property) & gov.
has agreement w/ ruler & the ruledBaron de Montesquieu: 3 branches of gov. & separation of
powers
PreambleIntroduction – explains reasons for new gov.“We the people”: Power to form gov. comes from the
people = popular sovereigntyGoals
“Form a more perfect union”: working together would bring strengths
“establish Justice”: Ruled by laws“insure domestic Tranquillity”: peace & order“provide for the common defense”: gov. responsible for
protecting citizens from foreign invaders“promote the general welfare”: support economy &
society which ppl could prosper“secure the Blessings of Liberty to ourselves and our
Posterity”: generations of Americans to enjoy freedom
PrinciplesPopular SovereigntyLimited gov.: gov. can only do what ppl say to doSeparation of powers: power divided b/t 3 branchesChecks & Balances: Each branch is able to check
power of the other branchesFederalism: Power is divided b/t national gov. &
state govs.Republicanism: citizens elect representatives to
carry out the will of the pplIndividual rights: rights are protected
Article I – The Legislative Branch
Senate (100) House of Representatives
( 435)Terms 6 yrs. 2 yrs.
Based on: Equal Reps. Population
Order: Upper House Lower House
Age 30 yrs. old 25 yrs. old
Citizenship 9 yrs. 7 yrs.
•Bicameral national legislature: 2-house system
How Congress Passes LawsAny member can
propose law When majority
approved it goes to the other house
Only House can propose new taxes
President can veto any law, but Congress can override by 2/3’s vote in both houses
Other Powers of CongressHow to spend $ from taxesRaise army & navyDeclare war“Elastic Clause” – gives Congress flexibility to
do many things not in Constit.
Article II: The Executive Branch
President - aka: Chief ExecutiveQualifications:
Chosen by majority from Electoral College 4 year term but can also have 1 reelection Must say “oath of office” – promise to defend Constit. Natural – born citizen 35 yrs old
Powers of the PresidentCarry out the lawsCommander in chief of militaryMakes treaties & agreements w/ foreign nationsNominates ambassadors & Supreme Court justicesGrant pardons to ppl convicted of federal crimes
Removing the PresidentCan impeach – formally accuse an official of a
crime related to official duties Ex: bribery, or high crimes
House of Reps votes to impeachSenate puts President on trialSenators serve as jury and decide innocence or
guilt
Andrew Johnson – 17th Pres.
Bill Clinton – 42nd Pres.
Richard Nixon – 37th Pres.
Article III: The Judicial BranchInterprets laws of Constitution & resolve
conflict among states, laws, and fed. Gov.Hierarchy of Courts
Supreme Courthighest
Appellate CourtsMakes sure
previous trials were fair & LegalDistrict CourtsFed. Laws first
heard here
Powers of the Supreme CourtDecisions are finalNo limit of #’s of judges, but Congress says 9Judges serve for lifeDispute only immediately to S.C. if involves a state
or ambassador from another countryRest are appeals Reviews about 100 cases a yearJudicial Review: power to decide whether laws
and actions by leg. & exe. Branch conflict with Constitution
Checks & BalancesEach branch of gov. limits powers of the other
branchesBalance of strong national gov. & protection of
freedomsChecks: allow 1 branch to block the actions of
anotherBalances: allows each branch to have some role
in the actions & power of the other branches
FederalismPower divided b/t national gov. & states
Congress has power to regulate interstate commerce & share common market
National gov. regulates trade w/Native Americans
States have any powers not granted to national gov.
Each state must accept other states’ laws & decisions
State GovernmentsEach state has own constitution that resemble
national document & are longer & more detailed½ of states citizen can change through
constitutional initiative which is gathering a petitionThen the legislature can vote
Have 3 branchesProvide many services
County & Local GovernmentsCounty has similar 3 branches but with
different titlesBergen County: County Executive,
Freeholders, and County Court (Hackensack)Towns have 3 branches as well
Mayor, Town Council, and Town Court
Bill of RightsThomas Jefferson urged James Madison to write
amendments for bill of rights after signing1st Amendment: 5 basic freedoms
Freedom of religionOf speechOf the pressAnd of assembly (meet together)The right to petition the government(appeal)
When the gov. violates these rights, he or she may challenge the government’s action in court
2-4th Amendments: protect citizens from gov. abuse2nd Amend. – Right to bear arms
Can one own a gun?3rd Amend. – Quartering troops in homes
Respect the right of privacy4th Amend. – Searches & Seizures
B4 arresting or going into home must prove to judge there is a good reason then giving a warrant
5 – 8th Amendments: Legal Rights & Protections5th – Legal Rights
1. Ppl accused of serious crimes get grand jury hearing to decide if there is enough evidence for trial
2. “Double Jeopardy”: cannot try a person twice for same crime
3. Prohibits self-incrimination: cannot force ppl to say things that can be used against them (Miranda warning)
4. Due process: gov. must follow clear rules5. Gov. cannot take private property for public use “without
just compensation” 6th – Criminal Trial Rights
Right to speedy and public trial w/ lawyer Judged by jury from area & be told the exact type and
place of crime
7th – Civil Trial RightsRight to a trial by jury & decision can’t be changed
by judge8th – Bail & Punishments
B4 Trial: Bail ($ or property given to court to hold until person shows up for trial) cannot be excessive
After Trial: punishments “proportionate to the crime”
Death Penalty?
9th & 10th: Keep a proper balance b/t gov. & states
9th – rights not listed are also kept ie.: right to privacy
10th – powers not given to nat. gov. in Constit. Are “reserved to the states …. Or to the people”
Responsibility of CitizensCitizen: person who owes loyalty to particular nation Must be responsible for ourselves & consequences of our
actionsResponsibilities
VotingObeying lawsDefending nation
@ 18 all men must sign up for draft registryJury DutyVolunteeringBeing informedPaying taxes