CITIZENSHIP AND THE CONSTITUTION (1787–Present)

1. CITIZENSHIPAND THE CONSTITUTION(1787–Present) Chapter 9

2. Section 1: Understanding the Constitution Balance of Power The constitution tried to balance the state and federal government by giving each the following powers: • Delegated powers – federal government • Reserved powers – state government • Concurrent powers – shared by state and federal government • Representative Democracy- govt. led by elected officials • Elastic Clause -allows congress to make laws that are “necessary and proper”

3. SECTION 1 Concurrent Powers Delegated Powers Reserved Powers • conductingelections • coining money • regulating interstate & international trade • regulating trade within each state • providing for the nation’s defense • establishing local governments • declaring war • regulating education • conducting diplomacy Understanding the Constitution • taxing • borrowing money • enforcing laws • providing for citizens’ welfare

4. Separation of Powers • Montesquieu felt that the government should be divided into three branches: The legislative, executive, and judicial • He based his beliefs on the English system of Government

5. Separation of Powers

6. Checks and Balances • Each branch of government should be able to check the other two • This would keep them in line, and prevent any one branch from becoming too powerful

7. Role of Monarchs • Montesquieu was opposed to absolute monarchy • He felt that the monarch should be the head of the executive branch • One executive leader would be more effective than many

8. Liberty • Montesquieu believed that there is no liberty if the powers aren’t separated • Also believed that women were NOT worthy of the same liberties as men

9. Effects on the modern world • Inspired American form of government • For example, the separation of powers with a system of checks and balances was adopted

10. 3 Branches of GovernmentCongress, the President, and the Federal Courts

11. Congress-Legislative Branch House of Representatives – 25 years old, U.S. citizen for 7 years, resident of state in which he or she is elected Senate – 30 years old, U.S. citizen for 9 years, resident of the state he or she represents • “Makes the law” • Each of the two houses of Congress was granted different powers. Each was also designed with different methods of election and different term lengths, making the House more receptive to public opinion and the Senate more stable.

12. POTUS & VPOTUSExecutive Branch • “Carries out the law” • The President would be chosen by a group of electors from each state. The candidate with the majority of votes in the electoral college,would become President. The President was granted the power to veto Congress and to appoint judges. Executive Branch – 35 years old, native born citizen, U.S. resident for 14 years

13. The Federal Courts-Judicial • “Interpret the law” • The Constitution calls for one Supreme Court and several lesser courts, although the details of the federal court system were intentionally left vague. appointed by president for life, no special requirements

14. Section 1: Understanding the Constitution Requirements for Membership • Legislative Branch • House of Representatives– 25 years old, U.S. citizen for 7 years, resident of state in which he or she is elected • Senate – 30 years old, U.S. citizen for 9 years, resident of the state he or she represents • Executive Branch – 35 years old, native born citizen, U.S. resident for 14 years • Judicial Branch– appointed by president for life, no special requirements

15. The Bill of Rights Section 2

16. Section 2: The Bill of Rights Main Freedoms Outlined in the First Amendment and Their Importance • The First Amendment guarantees freedom of religion, press, speech, assembly and the right to petition. • These rights are important because they form the most basic rights of all citizens.

17. SECTION 2 The Bill of Rights Freedom of Religion The country cannot have an official religion. Freedom of the Press People cannot libel or slander others. First Amendment Freedom to Petition Any American can present a petition to a government official. Freedom of Assembly People can hold meetings. Freedom of Speech People cannot yell “Fire!” in a crowded theater.

18. Section 2: The Bill of Rights The Second, Third, and Fourth Amendments address colonial grievances. • Second – state militia • Third – no quartering of soldiers in peacetime • Fourth – no unreasonable searches and seizures/search warrants

19. Section 2: The Bill of Rights The Rights of the Accused – 5th, 6th, 7th, and 8th Amendments • 5th Amendment – due process of law, indictment, no person forced to testify at his own trial, no double jeopardy • 6th Amendment – quick trial by jury, nature and cause accusation, confronted with the witness against him, obtaining witnesses in his favor, right to an attorney

20. Section 2: The Bill of Rights The Rights of the Accused – 5th, 6th, 7th, and 8th Amendments (continued) • 7th Amendment – jury can decide civil cases • 8th Amendment– no excessive bail, fines, or cruel and unusual punishment

21. Section 3: Rights andResponsibilities of Citizenship Becoming a U.S. Citizen • birth • naturalization

22. Section 3: Rights andResponsibilities of Citizenship Duties of Citizens • fulfill civic responsibilities • obey and know the laws • respect authority and the rights of others • pay taxes • protect the nation in time of danger • serve on juries

23. Section 3: Rights andResponsibilities of Citizenship Citizen Involvement Citizens should be involved in their community and government to • strengthen their nation • help their neighbors • VOTE

24. SECTION 3 Organization Activities and Results Rights and Responsibilities of Citizenship Citizens on Patrol and Neighborhood Watch patrol their neighborhood; report criminal activity to the police; help prevent crime; keep crime rates down in the neighborhood American Red Cross does jobs along with the government; helps citizens in times of natural disasters or emergencies Habitat for Humanity builds houses for low-income families Boy Scouts and Girl Scouts plan many projects for the community, such as planting trees

25. CHAPTER 9 Chapter Wrap-Up 1. How does the Constitution prevent any one branch of government from becoming too powerful? Be sure to consider all three branches of government. 2. Why is voting an important responsibility in a representative democracy? 3. In what ways does the U.S. government protect the rights of all Americans?