Unit 2

Constitutional Government
Civics and Economics
Mrs. McGuire

It was difficult
to pass laws
because 9 of
13 states
approval was
needed.

Difficult to
amend/change
the Articles
because a
unanimous vote
was needed

No
executive
branch to
enforce laws

Weaknesses
of the
Articles of
Confederation

No judicial
branch to
interpret
laws

No common
currency

No means to
regulate
trade with
foreign
countries.

Congress
lacked the
power to
collect
taxes.

Constitutional Convention
When/Where
/Who

September 1787

Why

Articles of
Confederation were
Congress met for a not working
Constitutional
A stronger central
Convention
government was
needed

Principles
Separation of powers with 3
branches of government
Checks and balances so that no
branch was too powerful
Guarantees equality under the law
with majority rule and the rights of
the minority protected

Constitutional Convention

They created the

U.S. Constitution
A written plan for the
structure of the U.S.
government.

Principles
Affirms individual worth and
dignity of all people
Protects the fundamental
freedoms of religion, speech, press,
assembly, and petition
A living document

About the Constitution

describes the structure of
the government and the
rights of the American
people.
No law may be passed that
contradicts its principles

The Constitution is organized into

three parts:
1. Preamble describes the
purpose of the document and
government

no person, or the
government, is exempt from
following it.

2. Articles establish how the

government is structured and
how the Constitution can be
changed. There are seven
articles

This is why it is commonly

called the "supreme law of
the land".

3. Amendments changes to
the Constitution; the first ten
are called the Bill of Rights

Weaknesses
of the Articles of
Confederation
Unicameral Congress.
No executive branch.
Few powers given to national
government.
Congress was elected by the
state legislatures.
Congress had no power to
regulate trade.
Congress had no power to
coin money.
Congress had no power to
establish armed forces.

Strengths of the
Federal Constitution
Bicameral Congress.
President given power to
enforce laws.
Congress elected by the
people (Senate after
Amendment 17)
Simple majority needed to
pass laws.
Congress given power to
collect taxes.
Congress given power to coin
money.
Congress given power to
forms army and navy for
national defense.

FEDERALISM

Federalism
The division of power between the
national government and the
governments of the 50 states.

Federalism
The powers of government are
divided between the national
government and the state
governments.
The national government
governs the people of the
entire country
Federal Government- The
national government is called
the Federal Government
The federal government is the
supreme law of the land that
all states must defer to.

Each of the 50 states has its

own government.
State governments govern the
people living in each state.
Federal System- refers to the
countrys system of
government including both the
national government and the
governments of the 50 states.
All powers that the
Constitution does not give to
the federal government remain
with the state governments.

Delegated/
Enumerated Powers
National Government

Give the federal

government strength
to protect and serve
the country.

-Coin money
-Declare war
-Admit new states
-Establish armed
forces
-Regulate patents
and copyrights
-Regulate foreign
trade

Concurrent Powers
Both National and
State Governments

Held by both state and

federal governments

-Collect taxes
-Enforce laws
-Borrow money
-Establish
courts
-Provide for the
general welfare

Reserved Powers
State Governments

Kept for the states to

manage their own
affairs and to balance
the power of the
federal government.

-Regulate intrastate

commerce (trade)
-Conduct elections
-Incorporate businesses
-Voter qualifications
-Establish local governments
-Regulate school
-Conduct Elections
-Establish marriage laws
-Assume powers not given to
the national government and
not denied to the states
-Protect the health, safety
and welfare of the people.

The Preamble

The Constitutional Preamble

Outlines the goals of the
government that it created

Goals of the
Preamble

What it
means

We the people of
the United
States, in Order
to form a more
perfect union

To create a
better
government
than that
provided by
the Articles
of
Confederation

Where it is
found in the
Constitution

By creating a
policy making
executive
branch and by
giving Congress
the power to
tax, the new
Constitution
avoided the
worst
difficulties of

Goals of the
Preamble

What it
means

Establish Justice

To make laws
and establish
a fair court
system

Where it is
found in the
Constitution

The Constitution
created the U.S.
Supreme court
and the
judiciary Act of
1789 created
the rest of the
federal court
system

Goals of the
Preamble

What it
means

Insure Domestic
tranquility

To maintain
law and order
at home

Where it is
found in the
Constitution

The federal
government
shares with
state
governments the
task of
maintaining law
and order at
home. Together
they are
responsible for

Goals of the
Preamble

What it
means

Provide for the

common defense

To protect
the nation
against its
enemies

Where it is
found in the
Constitution

The Constitution
authorized
Congress to
create an army
and a navy.

Goals of the
Preamble
Promote the
general welfare

What it
means

Where it is
found in the
Constitution

To ensure the Over time, the

well being of U.S. government
the entire
has given all
population
citizens the
right to vote.

Goals of the
Preamble

What it
means

And secure the

blessings of
liberty to
ourselves and to
our posterity

To safeguard
peoples
personal
freedom

Where it is
found in the
Constitution
The Bill of
Rights

Goals of the
Preamble

What it
means

Do ordain and
establish this
Constitution for
the United
States of
America.

Create this
form of
government
for the
country.

Where it is
found in the
Constitution

Separation of Powers

Separation of Powers
Distributes power
equally among
three branches of
government

Ensures no person
or branch of
government is too
powerful

Legislative Branch
Created in Article I
Congress is the
lawmaking branch
Made up of 2 houses:
the Senate and the
House of
Representatives

Powers of the
Legislative Branch
Makes the laws
Confirms presidential
appointments
Approves treaties
Grants money
Declares war

Executive Branch
Created in Article II
Executes the countrys
laws
Headed by the
President

Powers of the Executive

Branch
Proposes laws
Approves or vetoes laws
Administers and executes
the laws
Commands the armed forced
Appoints ambassadors,
federal judges and others
Conducts foreign policy
Makes treaties

Judicial Branch
Created in Article III
Interprets laws and
punishes lawbreakers
Supreme Court is the
head of the judicial
branch

Powers of the
Judicial Branch
Interprets the
Constitution and
other laws
Reviews lower court
decisions

Checks and Balances

* Each branch has powers that
no other branch can have
* Each branch has powers that
limit the powers of the other
two branches
* Ensures that no branch
becomes too powerful

Legislative Checks
Over
The Executive branch
Overrides vetoes
Approves federal
judges

Over
The Judicial branch
Approves federal
judges
Impeaches federal
judges

Executive Checks
Over
The Legislative branch
Vetoes acts of
Congress
Calls Congress into
special session

Over
The Judicial branch
Appoints federal
judges

Judicial Checks
Over
The Legislative branch
Declares laws
unconstitutional

Over
The Executive branch
Declares executive
acts unconstitutional

The Bill of Rights

The 1st Ten Amendments to
the Constitution

Bill of Rights
Why?

1st Federal Congress

wanted a written list of
individual rights
To protect against
abusive government
power.
Influence of other
documents (Virginia
Statute of Religious
Freedom; Virginia
Declaration of Rights)

What
Principle?
Individual Freedoms
Protections against the
government
Rights of citizens
accused of crimes

The First Amendment

5 Protected Freedoms

Freedom of Speech
Freedom of Religion
Freedom of the Press
Freedom of Assembly
Right to petition the
government

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?

rd

Amendment

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

Important to preserve freedom

th

Amendment

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

A warrant given
to him by a judge
Probable cause is
also needed

th

Amendment

You cannot be tried for the same crime

twicecalled Double Jeopardy
You do not have to testify against your
self. I plead the fifth
You must have due process of law
before you are convicted
The government cannot take your land
unless it pays. (eminent domain)

6th Amendment
Right to
speedy trial
by impartial
jurymeaning
not favoring
either side

th

Amendment
You must be told
of charges
You must be
provided a lawyer
if you cannot
afford one

th

Amendment

Allows a jury trial in

Civil Cases when the
amount disputed is
more than $20.

th

Amendment
No
excessive
bail
No cruel
and unusual
punishment

Prisoner kissing his Mom in prison

Who determines what the Bill

of Rights mean?

The Supreme Court makes rulings on the

meaning
The Supreme Court balances the rights
of the individual with the needs of
society

1st Amendment
5 Freedoms protected by the U.S.
Constitution

Petition the Government

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

Petition
Freedom to make
views known to
public officials
Grievance with
government policy

Petition the government

You may sue the government for wrongs
You cannot be punished for exposing
wrongs by the government
The courts decide the wrongs

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

Religion
Freedom to
exercise religion
Government cant
establish an
official religion
Government cant
endorse a religion

Free Exercise of Religion

The person
Can
Cannot
Choose whatever
religion
Lead a prayer in
most examples
Ask questions about
religions
Worship whoever or
whatever you want

Break the law and

claim it is religious
belief
Raise children
without education
Deprave children of
basic needs

Establishment clauseGovernment
CAN

CAN NOT

Teach about religions in

school
Allow voluntary prayer
in many examples
Transport students to a
religious school
Read Bible for culture
or literacy content

Set a state religion

Government cannot
order a prayer
Teach religious doctrine
in the school
Pay seminary teachers
Teach creationism

Freedom of Assembly
Congress shall make no law . . . Abridging
. . . The people to peaceably assemble

Assembly

Freedom to
gather peacefully
Political rally
Protest march
Sit in

Freedom of Assembly
The 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
willloitering
Break teen curfew

Freedom of Speech
Congress shall make no laws . . .
abridging the freedom of speech

Speech
Freedom to
express opinions
and beliefs
Not absolute
Obscenity is not
protected

Free speech
The individual can:

Say 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
The Individual CANNOT
Threaten to blow up airplanes, schools
or the president
Sexual harassment
Create too much social chaos
Extremely crude language in a public
form
Disrespectful, vulgar language in schools
Hate crimes

Freedom of the Press

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

Press
Freedom to gather
and publish
information
Freedom to criticize
the government

Freedom of the pressThe press

CAN

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 persons
reputation by false
facts
Disclose defensesecurity secrets
Detail how to make a
certain weapons

The Constitution establishes

and protects our 1st
Amendment freedoms, but
there are limits!!

Constitutional Amendments

A Living Document
The framers of the Constitution planned a
system of government that could adapt
to the changing conditions and needs of
the country.

The Constitution is called a

living document because it can
be changed.

A Living Document
Adaptability- Amendments
An amendment is a
written change to the
Constitution.
The amendment process
is complex; to date only
27 amendments have
been added.
The first 10
amendments are called
The Bill of Rights.

Flexibility- Elastic Clause

Also known as the necessary
and proper clause
Allows Congress to extend
its delegated powers.to make
all laws which shall be
necessary and proper for
carrying into execution the
foregoing powers
Permits Congress to pass laws
related to situations that
have developed since the
writing of the Constitution.

Process for Amending

the Constitution
Action by
Congress or
Convention
(2/3 of Congress)

Ratification by
the states
(3/4 of States)

Eleventh Amendment (1795)

Clarifies judicial power over foreign
nationals, and limits ability of citizens
to sue states in federal courts and
under federal law.

Twelfth Amendment (1804)

Changes the method of presidential
elections so that members of the
electoral college cast separate ballots
for president and vice president

Thirteenth Amendment (1865)

Abolishes slavery and grants Congress
power to enforce abolition.

Fourteenth Amendment (1868):

Defines United States citizenship; prohibits states
from abridging citizens' privileges or immunities
and right to due process and the equal protection of
the law; repeals the three-fifths compromise.

Fifteenth Amendment (1870)

Prohibits the federal government and the
states from using a citizen's race,
color, or previous status as a slave as a
qualification for voting.

Sixteenth Amendment (1913)

Authorizes unapportioned federal taxes
on income.

Seventeenth Amendment (1913)

Establishes direct election of senators.

Eighteenth Amendment (1919)

Prohibited the
manufacturing,
importing, and
exporting of
beverage
alcohol. Repealed
by the TwentyFirst
Amendment.

Nineteenth Amendment (1920)

Prohibits the federal government and the
states from using a citizen's sex as a
qualification for voting

Twentieth Amendment (1933)

Changes details of Congressional and
presidential terms and of presidential
succession.

Twenty-first Amendment (1933)

Repeals Eighteenth Amendment but
permits states to retain prohibition
and ban the importation of alcohol.

Twenty-second Amendment (1951)

Limits president to two terms.

Twenty-third Amendment (1961)

Grants presidential electors to the
District of Columbia.

Twenty-fourth Amendment (1964)

Prohibits the
federal
government and
the states from
requiring the
payment of a tax
as a qualification
for voting for
federal officials.

Twenty-fifth Amendment (1967)

Changes details of presidential
succession, provides for temporary
removal of president, and provides for
replacement of the vice president.

Twenty-sixth Amendment (1971)

Prohibits the federal government and the
states from using an age greater than
18 as a qualification to vote.

Twenty-seventh Amendment (1992)

Limits congressional pay raises.

REVIEW

During an examination for

naturalization, an applicant must

A.prove that he or she can read, write, and

speak English acceptably.

B.show that he or she believes in the principles

of the U.S. Constitution.
C.prove that he or she knows something about
U.S. history and government.
D.all of the above

The U.S. federal system of government

was established by
A.Magna Carta.
B.the Constitution.
C.the Articles of Confederation.
D.the English Bill of Rights

The statement "to secure the blessings

of liberty" is
A.listed in the Mayflower Compact.
B.one of the six goals of government
stated in the Preamble.
C.the opening statement of the
Declaration of Independence.
D.found in the Articles of Confederation.

One of the basic ideals of American

government is that
A.government should be based on the
consent of the governed.
B.majority rule can be overruled by
presidential veto.
C.the Constitution should be easily
amended.
D.the executive branch should be the
most powerful branch.

What would happen if a proposed

amendment were not ratified by
three fourths of the states?
A.It could be ratified by two thirds of
the states.
B.The president could ratify the
amendment.
C.Congress could ratify the amendment.
D.The amendment would not be added to
the Constitution.

If the president vetoes a proposed law,

A.it can never become law.
B.Congress can override the veto with a
two-thirds vote of both houses.
C.the proposed law is sent to state
conventions for approval.
D.the Supreme Court has the power to
pass the law anyway.

If a Virginia law disagrees with a

federal law, the
A.Virginia law must give way to the
federal law.
B.Virginia law will have to be approved by
three fourths of the citizens in the
state.
C.Virginia law must be approved by the
governor of California.
D.Virginia constitution must be amended
to approve the law.

The amendment process requires

the involvement of
A.Congress and the states.
B.Congress and the president.
C.the president and the Supreme Court.
D.the Supreme Court and the states

The system of checks and balances

was created to
A.to ensure that no branch of the federal
government becomes too powerful.
B.to ensure that the state governments do not
become too powerful.
C.to manage the national treasury.
D.to give more power to the individual citizen.

The First Amendment guarantees

A.freedom of speech.
B.the right to bear arms.
C.freedom from unreasonable searches
and seizures.
D.protection against self-incrimination.

All of the following are true of the

Articles of Confederation EXCEPT
A. it created a weak central government.
B. the national government had no power
to tax.
C. it gave no power to enforce laws.
D. the states had little power.

The federal government and the state

governments share all of the following
powers EXCEPT the power to
A.establish courts.
B.borrow money.
C.punish lawbreakers.
D.coin money.

Which of the following is NOT a power

of the legislative branch?
A.interpreting the meaning of a law
B.passing laws
C.overriding presidential vetoes
D.approving appointments of federal
court judges

The powers of both the national and

state governments are known as:
A. Reserved
B. expressed
C. Concurrent
D. Implied

Calling a special session of Congress is

an example of a check by the
Executive over the:
A. Legislative Branch.
B. Judicial Branch.
C. President.
D. Supreme Court.