UNITED STATES CONSTITUTION SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation of the United.

UNITED STATES CONSTITUTION

SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation of the United States Constitution.

SSUSH5b. Evaluate the major arguments of the anti- Federalists and Federalists during the debate on ratification of the Constitution as put forth in The Federalist

concerning form of government, factions, checks and balances, and the power of the executive, including the roles of Alexander Hamilton and James Madison.

SSUSH5c. Explain the key features of the Constitution, specifically the Great Compromise, separation of powers, limited government, and the issue of slavery.

SSCG3: The student will demonstrate knowledge of the United States Constitution. SSCG3a. Explain the main ideas in debate over ratification; include those in The Federalist.

SSCG3c. Explain the fundamental principles upon which the United States Constitution is based; include the rule of law, popular

sovereignty, separation of powers, checks and balances, and federalism.

SSCG5: The student will demonstrate knowledge of the federal system of government described in the United States Constitution.

SSCG5a. Explain the relationship of state governments to the national government. SSCG5b. Define the difference between enumerated and implied powers. SSCG5c. Describe the extent to which power is shared. SSCG5d. Identify powers denied to state and national governments. SSCG5f. Analyze the supremacy clause found in Article VI and the role of the U.S. Constitution as the “supreme law.

FOUNDATIONS OF U.S. GOVERNMENT

THE UNITED STATES WAS FOUNDED AS A REPRESENTATIVE DEMOCRACY IN WHICH QUALIFIED CITIZENS ELECT REPRESENTATIVES TO CARRY OUT THEIR WILL IN GOVERNMENT.

HOWEVER, THE ONLY EXAMPLE OF DIRECTLY ELECTED OFFICIALS IN THE ORIGINAL CONSTITUTION WAS ELECTION OF REPRESENTATIVES TO THE HOUSE OF REPRESENTATIVES, AS THE PRESIDENT WAS IN-DIRECTLY ELECTED BY THE ELECTORAL COLLEGE AND SENATORS SELECTED BY STATE LEGISLATURES.

THE ARTICLES OF CONFEDERATION FAILED DURING THE YEARS IMMEDIATELY FOLLOWING THE REVOLUTIONARY WAR, THE COLONIES ORGANIZED THEMSELVES INTO A NEW AMERICAN GOVERNMENT.

THE ARTICLES OF CONFEDERATION (1781-1789) SERVED AS THE FOUNDATION FOR THIS FIRST ATTEMPT AT A NATIONAL GOVERNMENT AND WHILE A FAILURE, IT WAS THE LESSONS LEARNED UNDER THE ARTICLES THAT HELPED STRENGTHEN THE GOVERNMENT FORMED BY THE CONSTITUTION.

CONSTITUTIONAL CONVENTION CONVENED MEETING AT INDEPENDENCE HALL IN PHILADELPHIA, 55 DELEGATES FROM ALL THE STATES EXCEPT RHODE ISLAND, MET TO REWORK THE FAILING ARTICLES OF CONFEDERATION.

IT QUICKLY BECAME APPARENT THAT AMENDING THE ARTICLES WAS UNWORKABLE AND DISCUSSION SOON TURNED TO REPLACING THEM WITH A NEW GOVERNMENT. 

MANY OF OUR GREATEST FOUNDING FATHERS ATTENDED THE CONVENTION AS DELEGATES FROM THEIR RESPECTIVE STATES. GEORGE WASHINGTON (ELECTED PRESIDENT OF THE CONVENTION), BENJAMIN FRANKLIN, JAMES MADISON AND ALEXANDER HAMILTON (A STRONG CONTRIBUTOR AND DELEGATE FROM NEW YORK) ALL WERE IN ATTENDANCE.

THE GREAT COMPROMISEONE OF THE FIRST ISSUES TO BE RESOLVED WAS REPRESENTATION TO THE NEW GOVERNMENT.

THE ARTICLES OF CONFEDERATION HAD ALLOWED EACH STATE EQUAL REPRESENTATION AND EQUAL SAY, DESPITE SIZE OR POPULATION AND THIS DID NOT SIT WELL WITH THE LARGEST STATES (VIRGINIA, NEW YORK, PENNSYLVANIA).

THE SMALLER STATES FEARED LOSING SAY IN THE FEDERAL GOVERNMENT AND SO CONTINUED TO SUPPORT EQUALITY IN REPRESENTATION.

THE 3/5THS COMPROMISEA FUNDAMENTAL ECONOMIC AND SOCIAL DIVISION BEGAN TO ERUPT OVER THE ISSUE OF SLAVERY.

THE SOUTHERN, AGRICULTURALLY BASED STATES RELIED HEAVILY ON SLAVERY AND SLAVES CONSTITUTED A SIGNIFICANT PORTION OF THEIR POPULATIONS.

THE NORTHERN STATES OPPOSED COUNTING SLAVES FOR REPRESENTATION IN GOVERNMENT BECAUSE THEY WERE NOT CITIZENS AND THEIR POPULATION COULD EASILY BE INCREASED, TIPPING CONTROL OF THE FEDERAL LEGISLATURE

TO THE SOUTHERN STATES.

THE TRADE (COMMERCE) COMPROMISEAGAIN A REGIONAL DISAGREEMENT AROSE, IN THIS CASE OVER THE ISSUE OF TRADE AND ITS REGULATION.

THE NORTHERN, MORE INDUSTRIAL STATES SAW THE REGULATION OF TRADE BY THE FEDERAL GOVERNMENT AS ESSENTIAL TO THE SMOOTH WORKING OF A NATIONAL ECONOMY.

THE SOUTHERN STATES FEARED REGULATION OF TRADE WOULD NOT ONLY THREATEN THE SALE OF SLAVES, BUT ALSO THE ESSENTIAL EXPORT OF THEIR AGRICULTURAL PRODUCTS (CHIEFLY COTTON AND TOBACCO).

THE PRESIDENCY COMPROMISENEARLY ALL OF THE DELEGATES COULD AGREE ON THE NEED FOR A PRESIDENT, TO SERVE AS A CENTRAL FIGURE AND EXECUTIVE OF THE NEW NATION. THE DISAGREEMENT AROSE OVER THE POWER AND SERVICE OF SUCH AN OFFICE.

SOME DELEGATES, FEARING THE RISE OF KING-LIKE PRESIDENT ADVOCATED FOR A WEAK OFFICIAL, WHO WOULD BE LIMITED TO A SINGLE ONE-YEAR TERM.

OTHERS ARGUED THE NEED FOR A POWERFUL FIGURE WHO WOULD BE ELECTED, BUT SERVE FOR LIFE.

DEBATES ALSO RAGED ABOUT HOW BEST TO ELECT THE PRESIDENT AND WHAT ROLE THE PEOPLE OF THE NATION SHOULD SERVE IN HIS SELECTION.

RATIFICATION DEBATES

MANY OF THE SMALLER STATES QUICKLY RATIFIED THE NEW CONSTITUTION, THE DEBATE IN THE TWO LARGEST AND MOST IMPORTANT STATES, NEW YORK AND VIRGINIA, RAGED ON FOR MONTHS.

THE DEBATE IN NEW YORK WAS PARTICULARLY DIVISIVE. THE CONSTITUTIONAL SUPPORTERS, THE FEDERALISTS, TOOK THE DEBATE INTO THE PUBLIC FORUM OF THE PRESS, PUBLISHING A SERIES OF PRO-RATIFICATION ESSAYS COLLECTIVELY KNOWN AS THE FEDERALIST PAPERS.

WHILE THE FEDERALIST PAPERS WERE SIMPLY SIGNED "PUBLIUS" THEY WERE THE WORK OF ALEXANDER HAMILTON, JAMES MADISON, AND JOHN JAY. THEY STILL STAND TODAY AS SOME OF THE GREATEST COMMENTARY ON THE MEANING AND INTENT OF THE CONSTITUTION'S CHIEF AUTHORS.

RATIFICATION DEBATES

THE ANTI-FEDERALIST OPPOSITION TO RATIFICATION WAS STRONG AND WHILE ALL OF THE STATES EVENTUALLY ACCEPTED THE NEW GOVERNMENT, STATES SUCH AS VIRGINIA AND MASSACHUSETTS DID SO ONLY AFTER ATTACHING RECOMMENDATIONS CONCERNING THE ADDITION OF A BILL OF RIGHTS.

THE FIRST 10 AMENDMENTS TO THE CONSTITUTION WERE ADDED SOON AFTER RATIFICATION AND BECAME THE U.S. BILL OF RIGHTS AND STAND AS THE ANTI-FEDERALISTS GREATEST CONTRIBUTION TO THE CONSTITUTION THEY SO OPPOSED.

Federalists

Political faction and eventually a political party

that favored a strong central government,

supported ratification of the Constitution, and

held to a "loose interpretation" of the

Constitution.

Alexander HamiltonMajor leader of the Federalist Party who

served as President Washington's secretary

of the treasury and introduced an economic

plan for dealing with the nation's economic

crisis during Washington's first term.

James Madison

Federalist leader who played a key role in

drafting the Constitution and is often referred

to as the "Father of the Constitution."

Anti-FederalistsPolitical faction and eventually a political

Party that opposed a strong central

government, did not support ratification of

the Constitution, and held to a "strict

interpretation" of the Constitution.

Federalist Papers

Essays that were written to persuade New

York's legislature to ratify the Constitution by

easing fears that the document left the

government susceptible to any one faction

seizing too much power.

SSCG4: The student will demonstrate knowledge of the organization and powers of the national government. SSCG4a. Describe the structure and powers of the legislative, executive, and judicial branches.

SSCG4b. Analyze the relationship between the three branches in a system of checks and balances and separation of powers.

SSCG9: The student will explain the differences between the House of Representatives and the Senate, with emphasis on terms of office, powers, organization, leadership, and representation of each house.

SSCG10: The student will describe the legislative process including the roles played by committees and leadership.

SSCG10a. Explain the steps in the legislative process. SSCG10b. Explain the function of various leadership

positions within the legislature.

How a Bill Becomes a Law

Congressional Committees• Two basic types of Committees

1. authorizing (establish policies)2. appropriations (funding)

• Standing Committees (permanent)-19 in House, 17 in Senate- further divided into subcommittees (175 total)

• Select Committees (special issues or investigations)

• Joint Committees and Conference Committees -House and Senate Committees working together

CONGRESSIONAL COMMITTEES

CONGRESSIONAL COMMITTEES HAVE BEEN REFERRED TO AS THE "BACKBONE OF CONGRESS". HOWEVER, THE SYSTEM BY WHICH THE MAJORITY OF THE WORK IN CONGRESS IS ACCOMPLISHED IS NOT DEFINED IN THE CONSTITUTION.

THE WORK OF CONGRESS SOON BECAME SO VAST, THAT IT BECAME ESSENTIAL TO THE GOVERNING OF THE NATION, TO DIVIDE THE WORK OF LEGISLATING INTO SPECIALIZED COMMITTEES. THESE COMMITTEES IN BOTH THE HOUSE AND THE SENATE SERVE TO FIRST CONSIDER SPECIFIC LEGISLATION ON TOPICS SUCH AS THE MILITARY (ARMED SERVICES COMMITTEE), FOREIGN POLICY (FOREIGN RELATIONS COMMITTEE) OR SPENDING (APPROPRIATIONS COMMITTEE) BEFORE PASSING BILLS ONTO THE ENTIRE HOUSE OR SENATE FOR CONSIDERATION.

3 BRANCHES OF U.S. GOVERNMENT

Separation of Powers

Divides authority to govern between different

branches of government.

Legislative Branch

Responsible for making the laws of the country.

LEGISLATIVE BRANCHTHE LEGISLATIVE BRANCH OF US GOVERNMENT IS THE U.S. CONGRESS, CREATED BY ARTICLE I OF THE CONSTITUTION.

THE UPPER-HOUSE OF CONGRESS IS THE US SENATE. THE LOWER-HOUSE IS THE HOUSE OF REPRESENTATIVES.

MAIN JOB/ROLES AND POWERSTO MAKE LAWS AND CHANGES EXISTING LAWS BASED ON THE CONSTITUTION AND THE BILL OF RIGHTS; TO PASS LEGISLATION (LAWS), DECLARE WAR, REGULATE TRADE REGULATE MONEY, IMPEACH FEDERAL OFFICIALS, OVERRIDE PRESIDENTIAL VETOES (2/3 VOTE IN EACH

HOUSE).

REPRESENTATION IN CONGRESS• SENATE

REPRESENTATION: EACH STATE HAS 2 SENATORS

LEADER OF THE SENATE

VICE PRESIDENT

PRESIDENT PROTEMPORE

LEADER OF THE HOUSE

SPEAKER OF THE HOUSE

• HOUSE OF REPRESENTATIVES

REPRESENTATION: EACH STATE'S NUMBER OF REPRESENTATIVES IS PROPORTIONAL TO POPULATION. THE NUMBER OF REPRESENTATIVES IS FIXED AT 435 AND DIVISION AMONG THE STATES IS DETERMINED BY THE CENSUS (POPULATION COUNT) CONDUCTED EVER 10 YEARS AS REQUIRED BY THE CONSTITUTION.

QUALIFICATIONS HOUSE OF REPRESENTATIVES AND

SENATE• HOUSE• REQUIREMENTS:

REPRESENTATIVES MUST BE OVER 25, 7 YEAR CITIZENS OF THE US, AND A RESIDENT OF THE STATE THEY REPRESENT.

• TERM: REPRESENTATIVES SERVE UNLIMITED 2 YEAR TERMS, ELECTED BY POPULAR VOTE. 

• SENATE• REQUIREMENTS: • SENATORS MUST BE OVER 30, 9

YEAR CITIZENS OF THE US AND A RESIDENT OF THE STATE THEY REPRESENT.

• TERM:

SENATORS SERVE UNLIMITED 6 YEAR TERMS, ELECTED BY POPULAR VOTE (**NOTE: THE ORIGINAL CONSTITUTION CALLED FOR SENATORS TO BE ELECTED BY THE STATE LEGISLATURES, THE 17TH AMENDMENT CHANGED THIS TO A POPULAR VOTE).

SPECIAL POWERS & RESPONSIBILITIESREPRESENTATIVES• ORIGINATE ALL

SPENDING ($$) BILLS• SERVE AS PROSECUTION

IN IMPEACHMENT TRIAL AND VOTE TO IMPEACH THE PRESIDENT OR FEDERAL OFFICIAL

• SELECT A PRESIDENT IF THE ELECTORAL COLLEGE FAILS TO

• VOTE TO DECLARE WAR“THE PEOPLE’S VOICE” (DIRECTLY REPRESENT THEPEOPLE)

SENATE• APPROVE PRESIDENTIAL

NOMINATIONS TO THE FEDERAL COURTS (INCLUDING THE SUPREME COURT, BY MAJORITY VOTE)—OVERSEE TRIAL

• APPROVE PRESIDENTIAL APPOINTMENTS TO FEDERAL POSITIONS (BY A MAJORITY VOTE) IN THE CABINET

• APPROVE TREATIES (BY 2/3 VOTE)

• SERVE AS JURY IN IMPEACHMENT TRIALS

• SELECT A VICE-PRESIDENT IF THE ELECTORAL COLLEGE FAILS TO

“COURT OF PUBLIC OPINION” THE SENATE DIRECTLY REPRESENTS THE PUBLIC’S OPINION.

Questions for Review1. Which of the following describes the House of Representatives?

A. It has exactly 100 members.B. Representatives may serve only two year terms.C. Every States has at least one member.D. It is considered the more prestigious house of Congress.

2. Which statement about the Senate is true?A. It has two members from each state.B. Its membership is proportional to the State’s population.C. It is considered less important than the House of

Representatives.D. It has “the power of the purse.”

3. According to the Constitution, who has the sole power to impeach the President? A. The U.S. Supreme Court C. The Attorney General B. No person or group D. The House of Representatives

B. Representatives may serve only two year terms.

A. It has two members from each state.

D. The House of Representatives

SSCG12: The student will analyze the various roles played by the President of the United States; include Commander-in-Chief of the Armed Forces, chief executive, chief agenda setter, representative of the nation, chief of state, foreign policy leader, and party leader.

SSCG15: The student will explain the functions of the departments and agencies of the federal bureaucracy.

SSCG15b. Explain the functions of the Cabinet

Executive Branch

Responsible for enforcing the laws and is

headed by the president of the United

States.

EXECUTIVE BRANCH

THE EXECUTIVE BRANCH OF U.S. GOVERNMENT IS COMPOSED OF THE PRESIDENT (LEADER), VICE PRESIDENT (SECOND IN COMMAND), PRESIDENTIAL CABINET MEMBERS (ADVISORS) AND ALL FEDERAL AGENCIES AND THEIR HEADS.

THE EXECUTIVE WAS CREATED BY ARTICLE II OF THE CONSTITUTION.

QUALIFICATIONS AND TERMS

• REQUIREMENTS: PRESIDENT (OR VICE-PRESIDENT) MUST OVER 35, A NATURAL BORN CITIZEN, AND A 14 YEAR RESIDENT OF THE UNITED STATES.

• TERMS: PRESIDENT SERVES A MAXIMUM OF 2 TERMS OF 4 YEARS (**NOTE: THE ORIGINAL CONSTITUTION ALLOWED OF UNLIMITED TERMS OF SERVICE, THIS WAS REVISED BY THE 22ND AMENDMENT IN 1951).

• FRANKLIN D. ROOSEVELT WAS THE ONLY PRESIDENT TO BE ELECTED 3 TERMS.

MAIN DUTIES/ROLES AND POWERS

CHIEF EXECUTIVE—ENFORCE THE LAWS PASSED BY CONGRESS ISSUE EXECUTIVE ORDERS, ENFORCING THE LAW; ACT AS THE HEAD OF THE FEDERAL BUREAUCRACY AND ALL FEDERAL AGENCIES NOMINATE JUDGES (INCLUDING THOSE TO THE SUPREME COURT, REQUIRING SENATE CONFIRMATION); APPOINT GOVERNMENT OFFICIALS (SOME REQUIRING SENATE CONFIRMATION, SOME NOT).

CHIEF DIPLOMAT—ACT A REPRESENTATIVE OF THE UNITED STATES TO FOREIGN GOVERNMENTS; MAKE TREATIES WITH FOREIGN NATIONS (REQUIRE 2/3 VOTE IN SENATE FOR APPROVAL); EXTEND OR RESCIND DIPLOMATIC RECOGNITION OF FOREIGN NATIONS.

CHIEF LEGISLATOR—PROPOSE A FEDERAL BUDGET; RECOMMEND PROPOSED LAWS TO CONGRESS; VETO LEGISLATION; APPROVE LEGISLATION PASSED BY CONGRESS.

MAIN DUTIES/ROLES AND POWERS

COMMANDER-IN-CHIEF OF ARMED FORCES—SUPREME COMMANDER OF ALL BRANCHES OF US MILITARY; AUTHORIZE USE OF US MILITARY FOR UP TO 60 DAYS (WITHOUT APPROVAL OF CONGRESS OR DECLARATION OF WAR).

CHIEF OF STATE—SERVE AS CEREMONIAL HEAD OF US GOVERNMENT.

VICE PRESIDENT MAIN DUTIES/ROLES AND POWERS

PRESIDENT OF THE SENATE—MAKES DECIDING VOTE IN SENATE ONLY IF THERE IS A TIE.

OVERSEES THE 25TH AMENDMENT—MAKES FINAL DECISION OF WHETHER THE PRESIDENT IS CAPABLE OF FULFILLING THE JOB OF PRESIDENCY WHEN HE IS DISABLED.

PRESIDENTIAL CABINET/ADVISORS1. SECRETARY OF STATE2. ATTORNEY GENERAL3. SECRETARY OF LABOR4. SECRETARY OF ENERGY5. SECRETARY OF AGRICULTURE6. SECRETARY OF

EDUCATION7. SECRETARY OF VETERAN AFFAIRS8. SECRETARY OF DEFENSE9. SECRETARY OF HOUSING AND URBAN DEVELOPMENT

10. SECRETARY OF INTERIOR 11. SECRETARY OF TREASURY12. SECRETARY OF COMMERCE13. SECRETARY OF HEALTH

AND HUMAN SERVICES (RESOURCES) 14. SECRETARY OF TRANSPORTATION15. SECRETARY OF HOMELAND SECURITY** **(ADDED AFTER 2001)

Questions for Review

"I've come here to Cairo to seek a new beginning between the United States and Muslims around the world, one based on mutual interest and mutual respect, and one based upon the truth that America and Islam are not exclusive and need not be in competition. Instead, they overlap, and share common principles -- principles of justice and progress; tolerance and the dignity of all human beings.I do so recognizing that change cannot happen overnight. I know there's been a lot of publicity about this speech, but no single speech can eradicate years of mistrust, nor can I answer in the time that I have this afternoon all the complex questions that brought us to this point. But I am convinced that in order to move forward, we must say openly to each other the things we hold in our hearts and that too often are said only behind closed doors" --President Barack Obama, June 4, 2009

1. These lines from President Obama's speech show a President's role as

a. party leader. c. Commander in Chief. b. Chief Executive. d. Chief Diplomat d. Chief Diplomat

Use the cartoon below to answer the question.

2. Hillary Clinton is advising President Obama on the Middle East conflict due to her expertise in foreign policy, this action is Constitutional because she represents which cabinet position a. Secretary of Domestic peace c. Secretary of State b. Secretary of Defense d. Secretary of Commerce

3. Members of the Cabinet advise the President on various policy issues. Which of the following is a member of the Cabinet?

A. Solicitor General C. First LadyB. Vice President D. Attorney General

Secretary of State

***

4. Commander of the national armed forces is thea. president. c. vice president.b. State of the Union general. d. attorney general.

5. In the _____________________________ the goal is to preserve the nation’s communities and ensures the United States citizens of equal housing opportunities as well as helps to make mortgage money available. a. Department of Commerce c. Department of Housing and Urban Development b. Department of Labor d. Department of Justice

6. The branch of the federal government that has the power to propose legislation, negotiate treaties with other nations, and appoint federal judges is the

A. Legislative Branch C. Judicial BranchB. Executive Branch D. Constitutional Branch

C. Department of Housing and Urban Development

A. President

B. Executive Branch

SSCG16: The student will demonstrate knowledge of the operation of the federal judiciary.

SSCG16a. Explain the jurisdiction of the federal courts and the state courts.

SSCG16b. Examine how John Marshall established the Supreme Court as an independent, coequal branch of government through his opinions in Marbury v. Madison. SSCG16c. Describe how the Supreme Court decides cases.

Judicial Branch

The federal court system.

Its role is to make sure the laws are applied

fairly and appropriately.

U.S. Supreme Court

Serves as the highest court in the land.

JUDICIAL BRANCH

THE JUDICIAL BRANCH OF US GOVERNMENT IS COMPOSED OF THE SUPREME COURT AND ALL OF THE LOWER FEDERAL COURTS AS CREATED BY CONGRESS.

THE JUDICIAL BRANCH WAS CREATED BY ARTICLE III OF THE CONSTITUTION.

THE MOST SIGNIFICANT POWER OF THE JUDICIAL BRANCH IS THAT OF JUDICIAL REVIEW, FIRST STATED BY CHIEF JUSTICE JOHN MARSHALL IN THE 1803 CASE OF MARBURY VS. MADISON, BUT NOT EXPRESSLY GRANTED THE COURT BY THE CONSTITUTION.

REQUIREMENTS AND TERMS OF SERVICE

LEADER: CHIEF JUSTICEOTHER MEMBERS: ASSOCIATE JUSTICES

TERMS: JUDGES SERVE FOR LIFE, THEY ARE NOMINATED BY THE PRESIDENT AND APPROVED BY THE SENATE BUT MAY BE REMOVED BY AN IMPEACHMENT PROCEEDING APPOINTED BY: PRESIDENT APPROVED BY: SENATE (CONFORMATION); HOUSE (CAST VOTE FOR APPROVAL)

REQUIREMENTS: THERE ARE NO SPECIFIC REQUIREMENT FOR JUDGESHIP IN THE CONSTITUTION.

MAIN ROLES AND POWERS

**INTERPRET THE LAW—DECIDE WHETHER OR NOT THE PRESIDENTIAL ACTIONS AND LEGISLATIVE ACTIONS ARE CONSTITUTIONAL. **CHIEF JUSTICE PRESIDES OVER TRIALS OF PRESIDENTIAL IMPEACHMENT— PUNISH LAWBREAKERS; HANDLES PUNISHMENT FOR TREASON.

JUDICIAL REVIEW

THE MOST IMPORTANT POWER OF THE SUPREME COURT, THAT OF JUDICIAL REVIEW OR THE ABILITY TO DECLARE LAWS UNCONSTITUTIONAL, IS NOT IN THE CONSTITUTION. THE POWER OF JUDICIAL REVIEW WAS A PRECEDENT SET IN THE 1803 MARBURY V. MADISON DECISION. REGARDLESS, IT HAS BECOME ONE OF THE MOST FUNDAMENTAL CONCEPTS IN AMERICAN  GOVERNMENT. IT ALSO SERVES A CHECK AND BALANCE ON THE LAWS PASSED BY CONGRESS AND THE ACTIONS AND TREATIES OF THE

PRESIDENT.

EXERCISE THE POWER OF JUDICIAL REVIEW 1. DETERMINE IF LAWS PASSED BY CONGRESS ARE ALLOWABLE BY THE CONSTITUTION. 2. DETERMINE IF TREATIES NEGOTIATED BY THE PRESIDENT AND APPROVED BY THE SENATE ARE ALLOWABLE BY THE CONSTITUTION. 3. DETERMINE IF ACTIONS BY THE PRESIDENT IN ENFORCING THE LAW ARE ALLOWABLE BY THE CONSTITUTION. 4. DETERMINE IF LAWS PASSED BY STATES ARE ALLOWABLE BY THE CONSTITUTION.

JURISDICTION (SUPREME COURT)1. THE SUPREME COURT HEARS CASES OF APPEAL FROM LOWER FEDERAL AND STATE COURTS 2. THE SUPREME COURT HAS ORIGINAL JURISDICTION (MAY HEAR A CASE FIRST) IN CASES INVOLVING A STATE VS. STATE MATTER OR A

BRANCH VS. BRANCH MATTER.

FEDERAL COURTSU.S. COURT OF APPEALS (APPELLETE—13)U.S. COURT OF INTERNATIONAL TRADEU.S. DISTRICT COURTSU.S. TERRITORIAL COURTSU.S. COURT OF MILITARY APPEALSU.S. TAX COURT

STATE COURTSSTATE SUPREME COURTAPPELLETE COURTSUPERIOR COURTLOWER COURT

Questions for Review1. The Supreme Court is established in which branch of government?

A. Legislative Branch C. Executive BranchB. Judicial Branch D. Presidential Branch

2. This elevated the Supreme Court to a status balancing the powers of the other branches.

A. Judicial review C. Enumerated powersB. Constitutional amendment D. Judicial activism

3. How long is the term for a members of the Supreme Court?A. 2 years C. 6 yearsB. 4 years D. Lifetime

4. How many justices-including the chief justice-are on the Supreme Court?

A. Five C. NineB. Seven D. Eleven

B. Judicial Branch

A. Judicial review

D. Lifetime

C. Nine

Questions for Review5. The implied power of the Supreme Court to declare laws unconstitutional is called

A. Judicial activism C. Power of the peopleB. Judicial review D. Presidential veto

6. A new controversial law has passed in both houses of Congress and was signed by the President. A court case concerning the law is being brought to the Supreme Court. Many political analysts believe the Supreme Court will exercise its rights to judicial review in its decision. Which conclusion is best, given this information?

A. Every law passed by Congress must be submitted to the Supreme Court for approval.

B. The Supreme Court could declare the law unconstitutional.

C. The Supreme court will rule on the court case without making a single change in the law.

D. None of the above.

B. Judicial review

***

CHECKS & BALANCES IN GOVERNMENT

INTRODUCTION TO CHECKS AND BALANCES IN FEDERAL GOVERNMENT

THE CONCEPT OF CHECKING AND BALANCING POWER

Checks and Balances

Powers given to each branch that allow

each branch to check the powers of the

other two.

Checks and BalancesLegislative Branch

Powers• Passes bills into law• Over-ride Presidential

veto by 2/3 vote• Approval of Cabinet

positions (Senate)• “power of the Purse”

Checks on Powers• President’s power to

veto laws passed by Congress

• Supreme Court’s power to rule laws unconstitutional

Checks and Balances Executive Branch

Powers

• Approves or vetoes laws• Carries out laws• Appoints federal judges

and officials• Negotiates treaties

Checks on Powers• Congress can override

veto by 2/3 vote• Congress has power to

approve spending• Senate has power to

approve appointments• Senate approves

treaties• Congress can impeach

Checks and BalancesJudicial Branch

Powers

• Interprets the meaning of Constitution and laws

• Rules on constitutionality of laws passed by congress and actions of the Executive Branch

Checks on Powers• Congress and States

have the power to amend the Constitution

• Senate has authority to refuse appointments to the federal courts

• Congress can impeach a federal judge

EXECUTIVE BRANCH CHECKS ON THE

LEGISLATIVE BRANCH

· PRESIDENT HAS THE POWER TO VETO LAWS PASSED BY THE CONGRESS · PROPOSES LAWS TO CONGRESS · SUBMITS THE FEDERAL BUDGET TO THE HOUSE OF REPRESENTATIVES · APPOINTS FEDERAL OFFICIALS, WHO CARRY OUT AND ENFORCE LAWS

EXECUTIVE BRANCH CHECKS ON THE JUDICIAL BRANCH

**Nominates judges to the Supreme Court**Nominates judges to the federal court system**President has the power to pardon individuals convicted of crimes**President can grant amnesty, forgiving a class of crime

LEGISLATIVE BRANCH CHECKS ON THE EXECUTIVE BRANCH

**CONGRESS CAN OVERTURN A PRESIDENTIAL VETO WITH A 2/3 VOTE

OF BOTH HOUSES **SENATE CAN REJECT PROPOSED TREATIES (2/3 VOTE TO APPROVE) **SENATE CAN REJECT PRESIDENTIAL NOMINATIONS OF FEDERAL OFFICIALS OR JUDGES **CONGRESS CAN IMPEACH AND REMOVE THE PRESIDENT (HOUSE SERVES AS PROSECUTION, SENATE SERVES AS JURY)

LEGISLATIVE BRANCH CHECKS ON THE JUDICIAL BRANCH

**CONGRESS CAN CREATE LOWER COURTS**SENATE CAN REJECT NOMINEES TO THE FEDERAL COURTS/SUPREME COURT**CONGRESS CAN AMEND THE CONSTITUTION TO OVERTURN DECISIONS OF THE SUPREME COURT**CONGRESS CAN IMPEACH JUDGES AND REMOVE FROM THE BENCH

JUDICIAL BRANCH CHECKS ON THE EXECUTIVE BRANCH

· SUPREME COURT CAN USE THE POWER OF JUDICIAL

REVIEW TO RULE LAWS UNCONSTITUTIONAL

JUDICIAL BRANCH CHECKS ON THE LEGISLATIVE BRANCH

**SUPREME COURT CAN USE THE POWER OF JUDICIAL REVIEW TO RULE PRESIDENTIAL ACTIONS UNCONSTITUTIONAL**SUPREME COURT CAN USE THE POWER OF JUDICIAL REVIEW TO RULE TREATIES UNCONSTITUTIONAL

JUDICIAL REVIEW

THE MOST IMPORTANT POWER OF THE SUPREME COURT, THAT OF JUDICIAL REVIEW OR THE ABILITY TO DECLARE LAWS UNCONSTITUTIONAL, IS NOT IN THE CONSTITUTION. THE POWER OF JUDICIAL REVIEW WAS A PRECEDENT SET IN THE 1803 MARBURY V. MADISON DECISION. REGARDLESS, IT HAS BECOME ONE OF THE MOST FUNDAMENTAL CONCEPTS IN AMERICAN  GOVERNMENT. IT ALSO SERVES A CHECK AND BALANCE ON THE LAWS PASSED BY CONGRESS AND THE ACTIONS AND TREATIES OF THE

PRESIDENT.

FEDERALISM IN U.S. GOVERNMENT

FEDERALISMTHE CONCEPT OF FEDERALISM IS ONE THAT UNDERLIES ALL CONCEPTS ABOUT THE POWER OF GOVERNMENT IN THE U.S. SYSTEM. FEDERALISM WITHIN THE UNITED STATES SYSTEM IS THE BALANCING OF POWER BETWEEN A FEDERAL GOVERNMENT AND STATE GOVERNMENTS.

WITHIN THIS SYSTEM THE FEDERAL GOVERNMENT IS SUPERIOR TO THE STATE GOVERNMENTS. FOR EXAMPLE, A STATE COULD NOT PASS A LAW THAT DIRECTLY CONTRADICTED A LAW PASSED ON THE FEDERAL LEVEL. WITHIN THESE PRINCIPLES, POWER IS DIVIDED AMONG

THE FEDERAL AND STATE GOVERNMENTS.

DIVIDED POWERS IN US GOVERNMENT

THE U.S. CONSTITUTION SPECIFICALLY STATES WHAT TYPES OF POWERS ARE TO BE GRANTED TO WHAT GOVERNMENTS.

DELEGATED POWERS - TO DELEGATE MEANS TO SPECIFICALLY ASSIGN, IN THIS CASE DELEGATED POWERS ARE THOSE POWERS SPECIFICALLY ASSIGNED TO THE FEDERAL GOVERNMENT. THE FOUNDING FATHERS FEARED A NATIONAL GOVERNMENT THAT WOULD OVERSTEP ITS BOUNDS, SO THEY TOOK CARE TO ONLY ALLOW THE NATIONAL GOVERNMENT VERY SPECIFIC POWERS. THESE ARE ALSO REFERRED TO AS ENUMERATED POWERS.

RESERVED POWERS - TO RESERVE IS TO SAVE, IN THIS CASE ALL POWERS NOT SPECIFICALLY DELEGATED THE FEDERAL GOVERNMENT ARE TO BE RESERVED OR SAVED FOR THE STATE GOVERNMENTS.

CONCURRENT POWERS - CONCURRENT MEANS "AT THE SAME TIME", IN THIS CASE CONCURRENT POWERS ARE THOSE THAT BOTH THE FEDERAL AND STATE GOVERNMENTS HAVE SIMULTANEOUSLY. 

DENIED POWERS - THESE ARE POWERS THAT ARE SPECIFICALLY NOT ALLOWED TO EITHER THE FEDERAL OR STATE GOVERNMENTS. AGAIN, THIS LISTING OF DENIED POWERS WAS A SPECIFIC WAY IN WHICH THE FOUNDING FATHERS ATTEMPTED TO CREATE A LIMITED GOVERNMENT.

IMPLIED POWERS - THESE ARE POWERS THAT ARE NOT SPECIFICALLY DELEGATED IN THE CONSTITUTION, BUT ARE UNDERSTOOD TO BE NECESSARY OR ALLOWED.

THE ELASTIC CLAUSE OR NECESSARY AND PROPER CLAUSE ALLOWS THESE BY STATING THAT CONGRESS HAS THE POWER "TO MAKE ALL LAWS WHICH SHALL BE NECESSARY AND PROPER FOR CARRYING INTO EXECUTION THE FOREGOING POWERS" (ART. I, SEC. 8).

EXAMPLES INCLUDE HAMILTON'S CREATION OF THE NATIONAL BANK - NO POWER TO CREATE BANKS IS DELEGATED THE FEDERAL GOVERNMENT, HOWEVER IT WAS DEEMED NECESSARY AND PROPER TO FORM A BANK TO AID IN CONGRESS'S POWER TO COIN MONEY AND REGULATE THE ECONOMY. (SEE MCCULLOUGH VS. MARYLAND 1819)

REGULATION OF RAILROADS, SHIPPING, HIGHWAYS - CONGRESS IS DELEGATED THE POWER TO REGULATE INTERSTATE TRADE AND AS SUCH IT IS IMPLIED THAT CONGRESS ALSO HAS THE POWER TO REGULATE INTERSTATE TRANSPORTATION BY WHICH INTERSTATE TRADE IS MADE POSSIBLE. (SEE GIBBONS VS. OGDEN 1824)

DELEGATED POWERS:THOSE POWERS SPECIFICALLY GRANTED THE FEDERAL GOVERNMENT BY THE CONSTITUTION.

RESERVED POWERS:THOSE POWERS NOT

DELEGATED TO THE FEDERAL GOVERNMENT OR

DENIED THE STATES ARE RESERVED FOR THE STATES.

REGULATE INTERSTATE ANDINTERNATIONALTRADE, COINMONEY, DECLAREWAR, MAINTAIN ARMED FORCES, ESTABLISH APOSTAL SYSTEM, ENFORCECOPYRIGHTS, SIGN TREATIES, ACQUIRETERRITORY

CONCURRENT POWERS: POWERS THAT ARE

SHARED BY BOTH THE FEDERAL AND STATE GOVERNMENTS.

REGULATEINTRASTATE TRADE, ESTABLISH SCHOOLS, ESTABLISH LOCALGOVERNMENTS, PASS STATEWIDELAWS (EX. SAFETYBELT LAWS), RUN ELECTIONS,GRANTPROFESSIONALCERTIFICATION,MARRIAGEREQUIRMENTS

POWER TO TAX, MAINTAIN COURTS, BORROW MONEY, DEFINE CRIME AND

PUNISHMENTS, CONDEMN PRIVATE PROPERTY

EXAMPLES OF DIVIDED POWERS IN US GOVERNMENT

AMENDING THE CONSTITUTION

ONE OF THE MOST IMPORTANT FEATURES OF THE CONSTITUTION IS THE ABILITY TO AMEND OR CHANGE THE DOCUMENT IN ORDER TO ADAPT IT TO CHANGING TIMES AND CONDITIONS.

AMENDING THE CONSTITUTION SHOULD RIGHTLY BE A DIFFICULT TASK, THERE ARE HOWEVER A FEW METHODS TO ACCOMPLISHING THESE SIGNIFICANT

CHANGES.

METHOD 1

AMENDMENT PROPOSED BY 2/3RDS VOTE IN EACH HOUSE OF CONGRESS   

OR APPROVAL

RATIFIED BY 3/4THS OF THE STATE LEGISLATURES AND APPROVAL

RATIFIED BY CONSTITUTIONAL CONVENTIONS IN 3/4THS OF THE STATES

METHOD 2

AMENDMENT PROPOSED AT A NATIONAL CONSTITUTIONAL CONVENTION   

OR APPROVAL

RATIFIED BY 3/4THS OF THE STATE LEGISLATURES

AND APPROVAL

RATIFIED BY CONSTITUTIONAL CONVENTIONS IN 3/4THS OF THE STATES

SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation of the United States Constitution. SSUSH5d. Analyze how the Bill of Rights serves as a protector of individual and states’ rights.

SSCG6: The student will demonstrate knowledge of civil liberties and civil rights.

SSCG6a. Examine the Bill of Rights with emphasis on First Amendment freedoms. SSCG6b. Analyze due process law expressed in the 5th and 14th Amendments. SSCG6d. Explain how government seeks to maintain the balance between individual liberties and the public interest. SSCG6e. Explain every citizen’s right to be treated equally under the law.

Introduction of the US ConstitutionPreamble

• Who’s involved: People of The US• Goal/Specifics: More perfect union, Justice,

Peace, Common defense, Support business/commerce, Keep liberty and wealth forever

We the people of the United States, 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 for the United States of America.

THE BILL OF RIGHTSTHE MOST SIGNIFICANT AMENDMENTS TO THE CONSTITUTION ARE THE FIRST TEN, ALSO KNOWN AS THE BILL OF RIGHTS. THESE AMENDMENTS WERE ADDED TO THE CONSTITUTION AT THE INSISTENCE OF THE ANTI-FEDERALIST FORCES DURING THE DEBATES OVER RATIFICATION.

THE FEAR OF A DOMINATING FEDERAL GOVERNMENT, SUCH AS THE COLONISTS HAD EXPERIENCED UNDER ENGLISH RULE, LED MANY TO DEMAND ASSURANCES THAT SPECIFIC RIGHTS AND LIBERTIES WERE GOING TO BE PROTECTED. IT IS THE BILL OF RIGHTS THAT STANDS TILL TODAY AS THE GREATEST GUARANTEE OF THESE RIGHTS AND LIBERTIES UPON WHICH AMERICA WAS FOUNDED. ALL OF THE AMENDMENTS IN THE BILL OF RIGHTS WERE ADOPTED TOGETHER IN 1791.

Bill of Right-Flocabulary

AMENDMENT 1: FREEDOMS

FREEDOM OF RELIGION, FREEDOM OF PRESS, FREEDOM OF SPEECH, FREEDOM OF ASSEMBLY, SEPARATION OF CHURCH AND STATE (NO NATIONAL RELIGION)

HISTORIC ROOT:THE ENGLISH GOV'T HAD SUPPRESSED SPEECH, ASSEMBLY AND PRESS RIGHTS IN AN ATTEMPT TO QUELL THE GROWING COLONIAL DISCONTENT. ADDITIONALLY, MANY EARLY SETTLERS (SUCH AS THE PILGRIMS) CAME TO AMERICA IN SEARCH OF RELIGIOUS FREEDOM.

AMENDMENT 2: RIGHT TO KEEP AND BEAR ARMS

HISTORIC ROOT:IN THE PERIOD PRIOR TO THE REVOLUTION, THE ENGLISH ATTEMPTED TO LIMIT MILITIA ACTIVITY, AS THEY RIGHTLY FEARED PREPARATIONS FOR A COMING REVOLUTION.

First Amendment Guarantees citizens' rights for:

Freedom of speechFreedom of the pressFreedom to petition the governmentFreedom to assembleFreedom of religion.

Second Amendment

Guarantees the right to bear arms.

AMENDMENT 3: NO QUARTERING OF TROOPS

RIGHT TO PROTECTION FROM TROOPS BEING QUARTERED IN HOMES DURING PEACETIME.

HISTORIC ROOT: THE QUARTERING ACT PASSED BY ENGLISH PARLIAMENT REQUIRED THE COLONISTS TO HOUSE AND FEED BRITISH TROOPS STATIONED IN THE COLONIES.

AMENDMENT 4: SEARCH AND SEIZURE

RIGHT AGAINST UNREASONABLE SEARCH AND SEIZURE WARRANTS REQUIRE CAUSE AND MUST BE SPECIFIC

HISTORIC ROOT: BRITISH TROOPS OFTEN SEARCH HOUSES AND PROPERTY AT WILL, IN AN ATTEMPT TO SUPPRESS ORGANIZATIONS WORKING TOWARDS A REVOLUTION.

Third Amendment

Restricts quartering (housing) of federal

troops in the homes of U.S. citizens.

Fourth Amendment

Protects citizens against unreasonable

searches and seizures.

AMENDMENT 5: RIGHTS OF THE ACCUSED

**ACCUSED MUST BE INDICTED BY A GRAND JURY CANNOT BE TRIED FOR THE SAME CRIME TWICE (DOUBLE JEOPARDY) **CANNOT BE FORCED TO TESTIFY AGAINST YOURSELF **RIGHT TO A FAIR TRIAL WITH ALL PROPER LEGAL RIGHTS ENFORCED

(DUE PROCESS) **RIGHT TO FAIR COMPENSATION ($$) WHEN THE GOV'T TAKES YOUR PROPERTY FOR PUBLIC USE (EMIENT DOMAIN)

HISTORIC ROOT:MANY ACCUSED UNDER BRITISH LAW IN THE COLONIES, WERE JAILED WITHOUT BEING ACCUSED OF A CRIME. IT WAS ALSO NOT UNCOMMON FOR A PERSON IN THE COLONIES TO BE TRIED UNDER THE LAWS OF BRITAIN, WITHOUT REGARD TO THE LOCAL LAWS PASSED WITHIN THE COLONIES.

Fifth AmendmentEnsures that no person shall be imprisoned or

deprived of their property without due process.

Double Jeopardy o A person cannot be tried for the same crime more than once.

Self-Incriminationo Defendants cannot be forced to testify against themselves in

court.

Eminent domaino The government cannot take a citizen's property without

paying "just compensation"

AMENDMENT 6: RIGHTS OF THE ACCUSED

**RIGHT TO BE INFORMED OF THE CHARGES AGAINST YOU **RIGHT TO A SPEEDY AND PUBLIC TRIAL **RIGHT TO AN IMPARTIAL JURY **RIGHT TO FACE WITNESSES AGAINST YOU IN COURT **RIGHT TO COUNSEL (A LAWYER) **RIGHT TO CALL WITNESSES IN YOUR DEFENSE

HISTORIC ROOT:IN THE ERA PRIOR TO THE REVOLUTION, BRITISH COURTS COULD KEEP A SUSPECT IN JAIL WITHOUT ACCUSING HIM/HER OF A CRIME OR BRINGING THEM INTO A COURT OF LAW. MANY SUSPECTS SAT IN PRISON FOR YEARS AWAITING TRIAL, ONLY TO BE FOUND INNOCENT AN RELEASED.

Sixth Amendment

The right to a public and speedy trial by jury:

Trial by jury simply means that a group of an

accused person's peers decides his or her guilt or innocence, rather than a single government

official.

This amendment also guarantees the right to legal representation (a lawyer) and the right to call and confront witnesses.

AMENDMENT 7: RIGHTS IN A  CIVIL CASE

RIGHT TO A TRIAL BY JURY IN A CIVIL CASE (NON-CRIMINAL CASE)

HISTORIC ROOT:THIS PROVISION PROTECTED THE IDEA OF TRIAL BY JURY (A FUNDAMENTAL NOTION IN BOTH ENGLISH AND AMERICAN LAW) AND EXTENDED IT TO ALL CASES PRIVATE OR PUBLIC.

AMENDMENT 8: CRUEL AND UNUSUAL PUNISHMENT

**RIGHT TO PROTECTION AGAINST CRUEL AND UNUSUAL PUNISHMENT

**RIGHT TO PROTECTION AGAINST EXCESSIVE BAILS AND FINES

HISTORIC ROOT:EVEN GIVEN THAT ENGLISH LAWS APPLIED TO THE COLONIES, ENGLISH RUN COLONIAL COURTS DID NOT ENFORCE THE LAW EVENLY OR FAIRLY IN THE EYES OF MANY. EXCESSIVE FINES WERE LEVIED FOR SMALL OFFENSES AND EXTENDED SENTENCES WERE GIVEN COLONISTS PERCEIVED AS THREATS FOR EVEN THE MOST MINOR

OFFENSES.

Seventh Amendment

Right to a trial by jury to civil cases as well (i.e.,

when one person sues another for money).

Eighth AmendmentProhibits the government from imposing excessive

bail or fines.

Bail- Money an arrested person must pay to get

out of jail until the date of his/her trial.

Fines- Amounts of money imposed as punishment

for a crime one has been found guilty.

AMENDMENT 9: UNENUMERATED RIGHTS

GUARANTEE THAT RIGHTS NOT ENUMERATED (LISTED) IN THE CONSTITUTION ARE STILL PROTECTED

HISTORIC ROOT: THE FOUNDING FATHERS WANTED TO BE CERTAIN THAT RIGHTS ARTICULATED IN THE BILL OF RIGHTS WERE NOT THOUGHT TO BE THE ONLY POSSIBLE RIGHTS.

AMENDMENT 10: RESERVED RIGHTS

GUARANTEE THAT THE PEOPLE AND THE STATES HAVE ALL OF THE POWERS NOT SPECIFICALLY DELEGATED THE FEDERAL GOVERNMENT (RESERVED POWERS) HISTORIC ROOT: MANY OF THE FOUNDING FATHERS FEARED THE DOMINATION OF THE PEOPLE AND THE STATES BY A POWERFUL FEDERAL GOVERNMENT. TO INSURE THE CONTAINMENT OF THIS POWER, PEOPLE AND STATES ARE GRANTED ALL THE POWERS THAT THE FEDERAL GOVERNMENT IS NOT.

Ninth Amendment

States that the rights specifically mentioned

in the Bill of Rights are not necessarily the

only ones enjoyed by the people.

Tenth Amendment

Those powers not restricted by the Constitution,

nor delegated to the US government, are

reserved for the states.

Questions for Review

1. The Tenth Amendment is confirming the “Founding Fathers” dedication to the principle of A. Suffrage C. Federalism B. Checks and Balances D. Popular Sovereignty

2. The First Amendment establishes the people’s right to A. Vote C. Criticize the governmentB. Due process D. Raise a militia

3. The Seventh Amendment requires that most people accused of civil crimes be given a

A. Speedy trial C. Jury trialB. Lawyer D. Equal protection under the law

4. The Fourth Amendment requires police provide a ______________ to obtain a search warrant.

A. Good reason C. Written accusationB. Police report D. Witness

C. Federalism

C. Criticize the government

C. Jury trial

A. Good reason

Questions for Review

5. The Eighth Amendment says that bails, fines, and punishments for crimes cannot be A. Delayed C. Timely B. Unfair or cruel D. Under the law

6. The Second Amendment establishes the people’s right to A. Own a gun C. Criticize the governmentB. Serve different religions D. Request a jury trial

7. The Fifth Amendment guarantees that the government cannot take private property for its own use without

A. Fair payment C. The owner’s agreementB. Approval of Mayor D. Consent

8. The Fourteenth Amendment requires that states give all people A. The right to vote C. An income tax B. Equal protection under the law D. The weather channel

B. Unfair or cruel

A. Own a gun

A. Fair payment

B. Equal protection under the law

Other Key Amendments• 14th-Equal protection under the law for all

persons born in the United States• 15th-Gave African American males voting

rights• 17th –Direct election of Senators• 19th –Gave women voting rights• 24th –Abolished the poll tax• 26th –Extended voting rights to 18 year

olds

AMENDMENT 11: STATE IMMUNITY (1795)

LIMITS THE ABILITY OF A PERSON TO SUE A STATE ALLOWS A PERSON TO SUE IF A STATE DENIES THEIR RIGHTS

HISTORIC ROOT: THE JUDICIAL SYSTEM WAS LEFT UP TO CONGRESS TO CREATE. AS THIS WAS DONE, CLARIFICATION WAS NEEDED.

AMENDMENT 12: ELECTION OF PRESIDENT AND VICE PRESIDENT. (1804)

ELECTORS TO THE ELECTORAL COLLEGE ARE TO CAST ONE VOTE FOR PRESIDENT AND SEPARATE VOTE FOR VICE PRESIDENT THE HOUSE ELECTS THE PRESIDENT OF NO CANDIDATE GETS AN ELECTORAL MAJORITY (EACH STATE W/ 1 VOTE) THE SENATE ELECTS THE VICE PRESIDENT OF NO CANDIDATE GETS AN ELECTORAL MAJORITY

HISTORIC ROOT: IN THE ELECTION OF 1800, CONFUSION IN THE ELECTORAL COLLEGE RESULTED FROM THE REQUIREMENT THAT THE RUNNER-UP FOR PRESIDENT BECOME PRESIDENT. FURTHER CONFUSING WAS THE FACT THAT ELECTORS COULD CAST VOTES FOR VICE PRESIDENTIAL CANDIDATES FOR PRESIDENT. THE FINAL RESULT WAS THE ELECTION OF THOMAS JEFFERSON AND THE 12TH AMENDMENT.

CIVIL WAR AMENDMENTS

AMENDMENT 13: ABOLITION OF SLAVERY (1865)

SLAVERY IS ILLEGAL

HISTORIC ROOT:THE END OF THE CIVIL WAR SAW A SERIES OF THREE AMENDMENTS DESIGNED TO GRANT GREATER EQUALITY TO FORMER SLAVES.

AMENDMENT 14: EQUAL PROTECTION UNDER THE LAW (1868)

DECLARES THAT ALL CITIZENS ARE GUARANTEED EQUAL TREATMENT AND PROTECTION UNDER THE LAW; BARS FORMER CONFEDERATES FROM HOLDING OFFICE; DECLARES CONFEDERATE DEBT NULL AND VOID

HISTORIC ROOT: THIS HAS PROVEN ONE OF THE MOST SIGNIFICANT AMENDMENTS OUTSIDE THE BILL OF RIGHTS. EQUAL PROTECTION IS THE BASIS FOR ALL MODERN CIVIL RIGHTS LAWS, DISABILITY ACTS AND OTHER ACTIONS DESIGNED TO PROTECT MINORITY RIGHTS.

AMENDMENT 15: RIGHT TO VOTE (1870)

INSURES BLACK MALES THE RIGHT TO VOTE

HISTORIC ROOT: DESPITE THIS AMENDMENT, POLL TAXES AND LITERACY TESTS WOULD ATTEMPT TO DENY BLACK MALES VOTING RIGHTS IN THE SOUTHERN STATES FOR NEARLY 100 YEARS.

AMENDMENT 16: INCOME TAX (1913)

GRANTS CONGRESS THE POWER TO COLLECT TAXES ON INCOME MONEY COLLECTED DOES NOT HAVE TO BE REAPPORTIONED TO STATES BASED ON POPULATION

HISTORIC ROOT: THE POPULISTS HAD LONG FOUGHT FOR THE TAXATION IF INCOME AS A WAY OF LEVELING OUT THE GREAT ECONOMIC DISPARITY BETWEEN RICH AND POOR THAT DEVELOPED DURING THE GILDED AGE.

AMENDMENT 17: DIRECT ELECTION OF SENATORS (1913)SENATORS ARE TO BE ELECTED BY THE PEOPLE

HISTORIC ROOT: THE ORIGINAL CONSTITUTION PROVIDED FOR SENATORS TO BE ELECTED BY STATE LEGISLATURES. THIS WAS A POPULIST CAUSE, DESIGNED TO INCREASE PEOPLE'S PARTICIPATION IN GOVERNMENT.

AMENDMENT 18: PROHIBITION (1919)

THE SALE, MAKING OR TRANSPORTATION OF ALCOHOL IS ILLEGAL

HISTORIC ROOT: THE TEMPERANCE MOVEMENT HAD GAINED SUPPORT IN THE RURAL AREAS OF THE NATION, SOMEWHAT IN REACTION TO THE GROWTH OF URBAN AREAS AND THE TEMPTATIONS CITIES BROUGHT. THIS WAS REPEALED (OVERTURNED) BY THE PASSAGE OF THE 21ST AMENDMENT.

AMENDMENT 19: WOMEN'S SUFFRAGE (1920)

WOMEN ARE GRANTED THE RIGHT TO VOTE

HISTORIC ROOT: WOMEN SUCH AS SUSAN B. ANTHONY (FOR WHOM THE AMENDMENT WAS NAMED) FOUGHT FOR A VOTING RIGHT AMENDMENT FOR OVER 40+ YEARS.

AMENDMENT 20: PRESIDENTIAL INAUGURATION (1933)

PRESIDENT AND VICE PRESIDENT ARE SWORN INTO OFFICE ON JAN. 20TH (MOVED FROM MARCH 4TH)

HISTORIC ROOT: DURING THE HEART OF THE DEPRESSION VOTERS CHOSE THE NEW DEAL POLICIES OF FDR OVER THE POLICIES OF THEN PRESIDENT HOOVER. THE ELECTION OCCURRED IN NOVEMBER, BUT PRESIDENTIAL TERMS BEGAN IN MARCH OF THE NEXT YEAR. AS A RESULT NEARLY 5 MONTHS WENT BY DURING WHICH THE "LAME DUCK" PRESIDENCY OF HOOVER DID LITTLE TO ALLEVIATE THE SUFFERING OF THE GREAT DEPRESSION. THIS AMENDMENT SHORTENS THE "LAME DUCK" TIME BY MOVING INAUGURATION UP BY 2 MONTHS.

AMENDMENT 21: REPEAL OF PROHIBITION (1933)

THE 18TH AMENDMENT (PROHIBITION) IS REPEALED ALCOHOL IS AGAIN LEGAL

HISTORIC ROOT: PROHIBITION WAS REGARDED AS A HUGE FAILURE. BOOTLEGGING AND SPEAKEASIES ALLOWED LIQUOR TO FLOW FREELY, AND CREATED A HUGE NETWORK OF ORGANIZED CRIME. MANY FEARED DISRESPECT FOR THE PROHIBITION LAWS WOULD CAUSE DISRESPECT FOR ALL LAW, AND THE 18TH AMENDMENT WAS REVOKED.

AMENDMENT 22: PRESIDENTIAL TERM LIMITS (1951)

NO PERSON MAY SERVE AS PRESIDENT MORE THAN TWICE

HISTORIC ROOT: GEORGE WASHINGTON HAD SENT THE PRECEDENT OF TWO TERMS. ALL OTHER PRESIDENTS CONTINUED TO SERVE NO MORE THAN TWO TERMS, UP UNTIL FDR WAS ELECTED A RECORD FOUR TIMES. AFTER HIS ADMINISTRATION ENDED, THERE WAS WIDESPREAD SUPPORT FOR A FORMAL LIMIT ON PRESIDENTIAL TERMS.

AMENDMENT 23: VOTING IN WASHINGTON D.C. (1961)

GRANTS WASHINGTON D.C. 3 ELECTORS TO THE ELECTORAL COLLEGE

HISTORIC ROOT: RESIDENTS OF THE CAPITOL DID NOT HAVE ANY POLITICAL VOICE IN FEDERAL GOVERNMENT. THIS AMENDMENT GRANTS THEM THE MINIMUM NUMBER OF ELECTORS. TO TODAY WASHINGTON D.C. HAS NO SENATORS OR REPS. TO THE HOUSE. 

AMENDMENT 24: ABOLITION OF POLL TAXES (1964)

POLL TAXES ARE ILLEGAL IN FEDERAL ELECTIONS

HISTORIC ROOT: MANY SOUTHERN STATES HAD USED  POLL TAXES AND LITERACY TESTS TO LIMIT BLACK VOTING AFTER THE CIVIL WAR. LITERACY TESTS WERE ALREADY ILLEGAL BY THE 1960'S, BUT AN AMENDMENT WAS REQUIRED TO OUTLAW THE POLL TAX.

AMENDMENT 25: PRESIDENTIAL SUCCESSION (1967)

ESTABLISHES A CLEARER SUCCESSION TO THE PRESIDENCY AND VICE PRESIDENCY HISTORIC ROOT: DURING THE ERA OF THE COLD WAR AND IN THE WAKE OF JFK'S ASSASSINATION, A CLEARER CHAIN OF ASCENSION TO THE NATIONS' HIGHEST OFFICES WAS NEEDED.

AMENDMENT 26: VOTING AGE (1971)

THE AGE OF ELIGIBILITY FOR VOTING IS LOWERED TO 18  HISTORIC ROOT: IN THE WAKE OF PROTESTS OVER THE VIETNAM WAR, A FUNDAMENTAL HYPOCRISY IN THE AMERICAN VOTING SYSTEM BECAME CLEAR. 18 YEAR-OLDS COULD BE DRAFTED AND FORCED TO FIGHT IN WAR, BUT COULD NOT CAST A VOTE FOR THE POLITICIANS WHO WERE DETERMINING THEIR FATE.

AMENDMENT 27: CONGRESSIONAL PAY RAISES (1992)

CONGRESSIONAL PAY RAISES DO NOT TAKE EFFECT UNTIL AFTER THE NEXT CONGRESSIONAL ELECTION HISTORIC ROOT: THE PROCESS FOR THIS AMENDMENT WAS BEGUN IN THE 1790'S. IT KEEPS A CURRENT CONGRESS FROM RAISING THEIR OWN PAY.

THE UNWRITTEN CONSTITUTION

THE "UNWRITTEN CONSTITUTION" REFERS TO THE IDEAS AND PROCESSES THAT ARE ACCEPTED AS A NEEDED PART OF AMERICAN GOVERNMENT, REGARDLESS OF THE FACT THAT THEY ARE NOT ACTUALLY IN THE CONSTITUTION. THESE IDEAS AND PROCESSES CAME ABOUT THROUGH THE CUSTOM AND PRECEDENT. MANY ASPECTS OF THE UNWRITTEN CONSTITUTION ARE SO INGRAINED INTO OUR SYSTEM THAT MANY DO NOT EVEN REALIZE THAT THEY ARE NOT LAWS OR PROVISIONS OF THE CONSTITUTION.

PRESIDENT'S CABINET

GEORGE WASHINGTON WAS THE FIRST TO HAVE A CABINET OF ADVISORS TO AID HIM IN MAKING DECISIONS FOR THE NATION. TODAY, THE PRESIDENT'S CABINET CONSISTS OF THE SECRETARIES/HEADS OF THE 14 MAJOR DEPARTMENTS OF THE EXECUTIVE BRANCH (A FEW EXAMPLES INCLUDE:  THE ATTORNEY GENERAL OF THE JUSTICE DEPARTMENT, THE SECRETARY OF DEFENSE OF THE DEFENSE DEPARTMENT AND THE SECRETARY OF STATE OF THE STATE DEPARTMENT).

POLITICAL PARTIES

POLITICAL PARTIES ARE AS OLD AS THE CONSTITUTION ITSELF, HOWEVER THE DOCUMENT MAKES NO RULES TO GOVERN THEM. THE FIRST POLITICAL PARTIES AROSE FROM THE DEBATES OVER CONSTITUTIONAL RATIFICATION (THE FEDERALISTS PARTY LEAD BY ALEXANDER HAMILTON AND THE DEMOCRATIC-REPUBLICANS HEADED BY THOMAS JEFFERSON).

IT QUICKLY BECAME CLEAR THAT POLITICAL PARTIES WERE TO BE THE MAJOR FORCES IN SHAPING AMERICAN POLITICS AND BY NECESSITY RULES AND LAWS WERE ESTABLISHED FOR THEIR REGULATION, WITH NO BASIS IN THE CONSTITUTION.