The Law In Republican Government

1. The Law In Republican Government

2. Rule of Law: All people and institutions are accountable to the same set of laws. Power is restricted by law. This means that government and legal decisions are based on a standard code and should not be made by a small group, ruler, or elites based only on their will.

3. We have already seen that the Rule of Law is important to any Constitutional government. The Constitution embodies the most important laws that must be followed by all.

4. How a Bill Becomes a Law Congress has the primary roll of creating law. An idea being considered is called a bill and we will diagram the process together. Your diagram will count for a grade but you should keep it with your notes to study from.

5. Check your diagram for accuracy against this one.

6. Judicial Review The Supreme Court has the authority to consider a law’s constitutionality. This is called “judicial review.” If a law is found by the court to be unconstitutional, it is struck down and is no longer a law. This is a strong check that the judicial branch holds over the legislative branch.

7. Examples In 1954 the Supreme Court found laws segregating school children by race to be unconstitutional. In 2015 the Supreme Court found laws banning same sex marriage to be unconstitutional.

8. The Bill of Rights and the Law The Rule of Law and Judicial Review are both tied to the Bill of Rights. We have not yet studied the Bill of Rights, but they are the first ten Amendments (changes) to the Constitution. We will study all ten next quarter. The first ten amendments were brought into the Constitution together and at the same time that the Constitution was ratified.

9. For now, you need to understand three things about the Bill of Rights… Some of the most important cases of judicial review involved people’s Constitutional Rights, often those in the Bill of Rights like the freedom of religion or the freedom of the press.

10. Like the Declaration of Independence, the Bill of Rights contains basic rights that we believe belong to all people within the borders of the United States. We will study each of these first ten amendments next quarter. It is the 10th Amendment that states that all rights not given by the Constitution (Exclusive rights) to the Federal government are Reserved for the states and the people (Reserved Rights). Many important Supreme Court cases have been argued over this idea.

11. Republican Government

12. Under the Articles the nation used a Republican form of government. After the Articles were replaced by the Constitution, a Republican form of government was used. In fact, the Constitution guarantees a Republican form of government for all states

13. Ben Franklin on the Declaration of Independence: "In free governments, the rulers are the servants and the people their superiors and sovereigns" The people should have the final say on government decisions

14. Republican Government: a state in which the supreme power rests in the body of citizens entitled to vote and is exercised by representatives chosen directly or indirectly by them.

15. Why are we a Republic? Practicality: It makes it easier on the citizens because they are not constantly engaged in making decisions and voting. A Republic also prevents short term enthusiasm or vengeance from effecting the country through rash decision making.

16. Republicanism: The best opportunity for Americans to participate in government. Why? Everyone has an equal voice through a democratic voting process. All voices (votes) are equal. Elected representatives are responsible to the people and must perform well or risk losing the next election.

17. In your own words, write a paragraph explaining how you know that the United States is a republic.