Unit 2 Review

1. Unit 2 Review

2. United States Constitution • Written in Philadelphia • Original intent was to revise the Articles • James Madison was the “Father” of the Constitution • 39 men signed it in 1787

3. What is the Constitution? • The U.S. Constitution is the fundamental framework of America’s system of government. • The Constitution: • Creates a government that puts the power in the hands of the people • Separates the powers of government into three branches: the legislative branch, which makes the laws; the executive branch, which executes the laws; and the judicial branch, which interprets the laws • Sets up a system of checks and balances that ensures no one branch has too much power • Divides power between the states and the federal government • Describes the purposes and duties of the government • Defines the scope and limit of government power • Prescribes the system for electing representatives • Establishes the process for the document’s ratification and amendment • Outlines many rights and freedoms of the people

4. Supreme Law of the Land • The Constitution of the United States of America is the supreme law of the United States. Empowered with the sovereign authority of the people by the framers and the consent of the legislatures of the states, it is the source of all government powers, and also provides important limitations on the government that protect the fundamental rights of United States citizens

5. Constitution How the Constitution is divided: 1. Preamble/Intro 2. Articles—the major divisions 3. Sections---divisions of an article 4. Clauses---divisions of a section 5. Amendments

6. 6 Basic Principles The 6 principles of the United States Constitution are: 1. Limited Government- government is not all powerful. There are certain things the government may not do. 2. Popular sovereignty- power comes from the people. (We are the source of all power, the government needs our consent) 3. Rule of law-people working for the government may not violate the law. (everybody is accountable under the law, even the president.) 4. Separation of Power- each branch of the government has its own powers. Legislative makes laws, executive enforces law, judicial interprets the laws. 5. Checks and Balances- this ensures that all 3 branches are equal and that no 1 branch may become more powerful than the other 2 branches. 6. Federalism- is the idea that local affairs are handled by the local, state governments, while national affairs are handled by the national government.

7. Articles • Article 1- Legislative Branch/Congress 1. Bicameral Legislature---There are two houses, a Senate and House of Representatives. • Section Two---House of Representatives 1. Clause One • A Representative serves a two year term • Article 2 • Rules for how the President and the Vice President are elected are defined in Article II. It also defines the responsibilities and powers of the President and the executive branch

8. Articles Article 3 • The judicial branch includes the Supreme Court and lower courts. Article III states that Supreme Court Judges can hold office for life, unless they are removed, impeached, or convicted of a crime. It also says that anyone accused of committing a federal crime has the right to a trial by jury. Article IV • Discusses the relationship between states and the federal government. It also outlines the rules for admitting new states to the Union.

9. Articles Article VThe Founding Fathers realized that over time, the government might need to make changes, called amendments, to the Constitution. Two thirds of both houses of Congress must agree to propose an amendment. It takes a positive vote by three fourths of the states to make an amendment law. Article VIArticle VI states that the Constitution is the highest law of the land. Federal and state officers and judges must uphold the Constitution.

10. Articles Article VIIThe names of the men who signed and ratified, or approved the Constitution, are in Article VII. It confirms the establishment of the Constitution

11. Amendments • The First Amendment provides that Congress make no law respecting an establishment of religion or prohibiting its free exercise. It protects freedom of speech, the press, assembly, and the right to petition the Government for a redress of grievances. • The Second Amendment gives citizens the right to bear arms. • The Third Amendment prohibits the government from quartering troops in private homes, a major grievance during the American Revolution.

12. Amendments • The Fourth Amendment protects citizens from unreasonable search and seizure. The government may not conduct any searches without a warrant, and such warrants must be issued by a judge and based on probable cause. • The Fifth Amendment provides that citizens not be subject to criminal prosecution and punishment without due process. Citizens may not be tried on the same set of facts twice, and are protected from self-incrimination (the right to remain silent). The amendment also establishes the power of eminent domain, ensuring that private property is not seized for public use without just compensation.

13. Amendments • The Sixth Amendment assures the right to a speedy trial by a jury of one's peers, to be informed of the crimes with which they are charged, and to confront the witnesses brought by the government. The amendment also provides the accused the right to compel testimony from witnesses, and to legal representation. • The Seventh Amendment provides that civil cases also be tried by jury. • The Eighth Amendment prohibits excessive bail, excessive fines, and cruel and unusual punishments.

14. Amendments • The Ninth Amendment states that the list of rights enumerated in the Constitution is not exhaustive, and that the people retain all rights not enumerated. • The Tenth Amendment assigns all powers not delegated to the United States, or prohibited to the states, to either the states or to the people.

15. Bill of Rights • The first 10 Amendments are called the Bill of Rights.

16. Civil War Amendments • Thirteenth Amendment • Although Congress abolished slavery in the District of Columbia in 1862, and President Abraham Lincoln’s Emancipation Proclamation ended the practice of slavery in rebellious states in 1863, at war’s end in 1865 the question of slavery had not been resolved at the national level. The federal government required new state constitutions in former Confederate states to include the abolition of slavery, but there was nothing to prevent states from reinstituting the practice with revised state constitutions. Senators Lyman Trumbull of Illinois, Charles Sumner of Massachusetts, and John Henderson of Missouri, sponsored resolutions for a constitutional amendment to abolish slavery nationwide. The Thirteenth Amendment, ratified by the states on December 6, 1865, abolished slavery “within the United States, or any place subject to their jurisdiction.” Congress required former Confederate states to ratify the Thirteenth Amendment as a condition of regaining federal representation. • Fourteenth Amendment • Ratified July 9, 1868, the Fourteenth Amendment granted citizenship to all persons "born or naturalized in the United States," including former slaves, and provided all citizens with “equal protection under the laws,” extending the provisions of the Bill of Rights to the states. The amendment authorized the government to punish states that abridged citizens’ right to vote by proportionally reducing their representation in Congress. It banned those who “engaged in insurrection” against the United States from holding any civil, military, or elected office without the approval of two-thirds of the House and Senate. The amendment prohibited former Confederate states from repaying war debts and compensating former slave owners for the emancipation of their slaves. Finally, it granted Congress the power to enforce this amendment, a provision that led to the passage of other landmark legislation in the 20th century, including the Civil Rights Act of 1964, and the Voting Rights Act of 1965. Congress required former Confederate states to ratify the Fourteenth Amendment as a condition of regaining federal representation.

17. Civil War Amendments • Fifteenth Amendment • As a member of the Senate Committee on the Judiciary, William Stewart of Nevada guided the Fifteenth Amendment through the Senate. Ratified February 3, 1870, the amendment prohibited states from disenfranchising voters “on account of race, color, or previous condition of servitude.” The amendment left open the possibility, however, that states could institute voter qualifications equally to all races and many former confederate states took advantage of this provision, instituting poll taxes, and literacy tests, among other qualifications. • The Reconstruction amendments to the Constitution extended new constitutional protections to blacks, though the struggle to fully achieve equality would continue into the twentieth century.

18. Separation of Power/Checks and Balances

19. Powers • Expressed-Powers directly stated in the constitution. • Implied-Powers that the government requires to carry out the expressed constitutional powers • Inherent Powers-Powers that the national government may exercise simply because it is a government. • Supremacy clause-The statement in Article VI of the Constitution establishing that the Constitution, laws passed by Congress, and treaties of the United States “Shall be Supreme Law of the Land” • Concurrent- Powers that both the national government and the states have.

20. Judicial Review • The power of the courts to say that laws and actions of local, state, or national governments are in valid because they conflict with the principles of the Constitution. • All Federal courts have the power to declare a law unconstitutional. • The Supreme Court is the highest court in the land.

21. 3 Branches of Government • Executive • Legislative • Judicial

22. Executive Branch • Executive Branch • Responsible for enforcing the laws. • President is the head of the Executive Branch. • President provides leadership by setting goals and developing policy.

23. Legislative Branch • Also called Congress. • Meet in the Capitol Building in Washington, DC • Bicameral - 2 Houses • House of Representatives • Senate • Responsibility is to make (create) laws. • Has sole power to Impeach President. • All bills to raise money must come from the House of Representatives. • All bills (laws) must pass in the House before going to the President.

24. Judicial Branch • Responsible for interpreting the law in regards to the Constitution • Final court of appeals for state and federal cases. • Supreme Court justices are appointed by the President, approved by the Senate, and they hold their office for life or retirement. • Currently - 9 Justices - only can be changed by Constitutional Amendment • Justices hear 150 cases per year - over 5000 requests • 4 Justices need to agree to hear a case • Session is October through June • Removed by impeachment or conviction