Chapter 3

1. Chapter 3 Structure and Principles

2. Founders created the constitution to: • Separation of powers- Legislative, Executive, Judicial • Republic- Citizens vote on leaders Intro:

3. What are the 7 articles? • List and describe each one of the major principles of government. • Explain how each branch of government can check and balance each other.

4. Article I: Establishes the Legislative Branch • Article II: Creates the Executive Branch • Article III: Establishes a Supreme Court • Article IV: Explains the relationship of the states to one another and to the national government • Article V: Spells out the ways that the Constitution can be amended or changed. • Article VI: Contains the Supreme Clause- Laws passed by congress and treaties are the supreme law of the land • Article VII: Ratification and states that the Constitution would take effect after it was ratified by nine states Articles

5. 1. Popular Sovereignty • 2. Federalism • 3. Separation of powers • 4. Checks and Balances • 5. Judicial Review • 6. Limited Government Major Principles

6. The rule by the people • Authority for the government flows from the people. Popular Sovereignty

7. Power is divided between National and state governments • Both have their own agencies and officials and pass laws that affect citizens Federalism

8. Each branch has its responsibilities • Prevents one branch from becoming too powerful Separation of Powers

9. Each branch of government exercises some control over the others • Vetoing- refusing to pass a law Checks and Balances

10. The power of the courts to declare laws and actions of local , state, or national government s invalid if they violate the constitution. Judicial review

11. The Constitution limits that actions of the government by specifically listing the powers it has and does not have Limited Government

12. 2 Houses • Senate- Equal represented, 2 per state • House of Representatives: based on state populations, 435 • Expressed Powers- Powers given to the Legislative Branch that are directly stated in the constitution • Elastic Clause: Gives Congress the right to make all laws that are “necessary and proper” to carry out the powers expressed in the other clauses of Article 1. Legislative Branch

13. Article 2 • President is the Head of the Executive Branch • Specific Presidential powers: • Commander in chief • Appoints • Pardons • Makes treaties • Appoints ambassadors, judges • State of the Union Address • Special Session when necessary • Foreign officials • Commission all military officers • Ensure that the law Congress passes are “faithfully executed” Executive Branch

14. Two different systems • Federal Courts • Power comes from the constitution • Two factors determine Jurisdiction of the Federal court • Subject matter and parties involved • Federal court: Federal laws, treaties with foreign nations, anything at sea, bankruptcy, ect. • State Courts • Power comes from the state constitution Judicial Branch

15. The Amendments

16. In 1791, the states ratified 10 Amendments (Bill of Rights) • Limits the powers of the government • It protects the rights and individual liberty of the people Bill of Rights

17. Freedom of Religion • Freedom of Speech • Slander- the false speech intended to damage a person’s reputation. • Freedom of the press • Prior Restraint- the government censorship of information before it is published or broadcast 1st Amendment

18. The Right to Bear Arms • It does not prevent Congress from regulating the interstate sale of weapons 2nd Amendment

19. Prohibits the government form forcing people to shelter soldiers in their homes 3rd Amendment

20. Protects the right to privacy • Requires authorities to have specific reason to search a premises or to seize evidence or people • Probable cause- police must have reasonable basis to believe that the person or premises is linked to a crime 4th Amendment

21. 1st No one can be tried for a serious crime unless a grand jury has decided there is enough evidence to justify a trial • 2nd A person who is found innocent of a crime may not be tried again for the same offense • 3rd no one many be forced to testify against himself or herself • 4thDue Process Law- government must follow proper constitutional procedures in trials and in to other actions it takes against individuals. • Eminent Domain- The power of government to take private property for public use 5th Amendment

22. The right to a speedy, public trial by an impartial jury 6th Amendment

23. Provides the right to jury trial in federal courts to settle all disputes about property worth more than $20 7th Amendment

24. Prohibits excessive bail-money or property that the accused deposits with the court to gain release form jail until the trial • Prevents judges form ordering someone convicted of a crime to pay an excessive fine 8th Amendment

25. All other rights not spelled out in the Constitution are “retained by the people.” • Prevents government from claiming that the only rights people have are those listed in the Bill of Rights 9th Amendment

26. Clarifies the nature of federalism • Powers not given to the national government or denied to the states by the constitution belong to the people 10th Amendment

27. 12th- Requires presidential electors to vote separately for president and vice president • 13th- Outlaws slavery • 14th Protects rights of citizenship in general by prohibiting a state form depriving a person of life, liberty, or property without “due process law.” • 15th- All races are allowed to vote • 16th- Congress the power to levy individual income taxes Other Amendments