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This chapter explores the different parts and purposes of the Constitution and how it protects citizens from tyranny. It also delves into the roles of the three branches of government and their job descriptions.
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Skills – Reading to answer an essential question. Paraphrasing the information to be used later on a test. Effective writing to communicate understanding.
Essential Question #1 • On the back of vocabulary definitions: • Essential Question: What are the parts and purposes of the Constitution? • 1 Preamble • Purpose goals, ideals • 2 Articles • Purpose - framework • 3 Amendments • Purpose – BofRs limits government power over the individual and changes needed over time • – Draft a Paragraph answering the question! • Use RACES: Restate, Answer, Cite evidence, Explain and elaborate, Sum it up. • Claim/topic sentence must be formed from the essential question: The Constitution has three parts and each part has a different purpose.
What are the parts and purposes of the Constitution? The Constitution has three parts and each part has a different purpose. The first part is the Preamble. The Preamble states the goals and purpose of our government and the Constitution. The second part of the Constitution is the seven Articles. Articles one through three describe the responsibilities and powers of the three branches of government. The fourth explains federalism and how to amend the Constitution is covered in the fifth. Provisions of government and ratification are explained in Articles four through seven. The third part of the Constitution are the Amendments which contain the Bill of Rights and changes made from 1795 to 1992 in eleven through twenty-seven. After the Articles of Confederation proved to be ineffective, the Founding Fathers met in 1787 and replaced them with framework for a strong central government known as the Constitution. To protect the individual from government and to get ratification, the Bill of Rights were added in 1791. The Constitution is the blue print on which the USA conducts itself.
Essential Question #3 Handbook section 2 notes Indent, topic sentence/claim, The Constitution protects its citizens from tyranny. The Constitution protects the citizens from tyranny. Evidence of each protection Warrant or conclusion • What does the Constitution contain which protects the citizens from tyranny? • 1. Supreme law of the land • 2. power from the people • 3. Federalism • 4. Power split into 3 branches: • A executive • B legislative • C judicial
What does the Constitution contain which protects US citizens from tyranny? • Having the Constitution as the supreme law of the land protects the US citizens from tyranny. No one person or no branch or office of government has absolute power. The power of government comes from the consent of the people through the voting process. To stop emotions or mob formation from detracting or interfering with how society functions, elected delegates represent their constituents or voters. Power is divided between the executive, legislative, and judicial branches . It is also split between state and national governments in a system known as federalism. By allowing each branch to check the powers of the others, no branch can seize power for itself and rule over the people. The clarity of laws and the Bill of Rights also guarantee the citizens freedom and stops any one person from seizing power. Consequently, a republic is less likely to suffer from tyranny when the rights of the people overrule the powers of any office in any branch of our government.
Essential Question #4 Handbook section 3 notes Topic/claim from question Form a declarative statement from the question. Evidence for each branch’s job description Warrant/conclusion • What are the roles of the three branches of government? • Executive • Legislative • House • Senate • Judicial
What are the roles of the three branches of government? • For 227 years the United States has been governed by three branches of powers which oversee the working government as described in the Constitution. The executive branch is led by the President with the role of manager. The President and his cabinet and bureaucracy carry out the laws and conduct the workings of government. As commander and chief of the armed forces, the President is the highest ranking officer and a civilian to inhibit a military coup. The executive branch may suggest laws to help run the government or veto laws that do not assist the bureaucratic effectiveness. As a republic the branch of government most connected to the people is the bicameral legislative branch. The House of Representatives and members of the Senate make the laws and are in charge of government spending or budget. They also watch for any wrong doing in the executive and judicial branches with the power to impeach any member for wrong doing. Protecting the Constitution and determining the proper order of executing the laws is the judicial branch. The courts interpret the laws and protect the rights of the people by clarifying the actions the government may take to guarantee the citizens’ rights to life, liberty, and happiness. As the Constitution has adapted to changes, the elastic clause allows it the flexibility to do what is needed and proper. The courts also review decisions and use precedent to keep the changes on the course the Founding Fathers intended the role government to be.
Essential Question #5 Notes to answer essential ? Your Paragraph – best penmanship! Claim or topic sentence US citizens have duties and responsibilities. Evidence to explain the differences in duties and responsibilities. Warrant/claim – how do these influence our government? • What are the duties and responsibilities of the citizen in our government? • Duties – punishment or consequences if citizens do not follow the laws, pay taxes, or attend school. • Responsibilities – the things citizens should do to make the country a great place.
What are the duties and responsibilities of the citizen in our government? • As a republic, the USA depends on an educated population to make sure the government is working for the best interests of the people. US citizens have duties and responsibilities in government. The duties of the people are required to follow the laws, pay taxes, defend the nation during war, serve on juries, and attend school. If they fail any duties they face some type of punishment or consequence. These duties are vital in keeping society running safely and efficiently. The responsibilities of citizens are not punishable, but make society run smoother. Responsibilities of citizens are to respect diversity and the rights of others and to vote. Perhaps the most important responsibilities are to be well informed when selecting our government leaders and to be willing to participate in government. The only way a republic can survive to protect the people is to have public interested and informed about how government is administered. When the people stop caring, when they do not follow through on their duties and responsibilities, chaos and corruption will result in government and the rights of the people become endangered.
Essential Question #2 – interpreting and application of knowledge Apply the question to your family or current event. Just because you have a right, doesn’t mean it is absolute. Pick a topic: Freedom of speech, religion, bear arms….when do these have restrictions? Freedom of the press. Eminent domain • When do the rights of one interfere with the rights of others? • Underline the Constitutional parts you mention in the paragraph.
When do the rights of one interfere with the rights of others? • During the 1920s and 1930s, H.G. Williams owned a farm in Vineyard, Utah. He was close to his two brothers and they saved money by sharing equipment and helping each other with building, planting, harvesting, and repairs. Once WWII began the defense department needed steel for armored weapons and an interior state as a defensible location for steel making. Once Utah was selected, the government notified H. G. Williams that his farm was located at the site chosen for the steel mill. • His right to own property, was sacrificed for the common defense of the country. The government can seize private land for the public good. The rights of one infringed upon rights of others. But the Founding Fathers also thought to protect citizens like HG Williams. According to the fifth amendment of the Constitution, the term "eminent domain," H.G. Williams was paid the fair market value for his property. The rights of all people interfered with the right to own property for another.
Government and Constitution of the United States Chapter 9 part 2 The United States is a republic
Quiz #1 1. List the parts of the Constitution? • 2.Where are the branches of government described in the Constitution? • 3. Where are the freedoms of the citizens listed in the Constitution? • 4. Which part gives the intent of the Constitution? • 5. Where are the changes after 1787 listed? • 6. Where are the provisions and relationship between the states?
Citizenship Handbook Paragraph page 21 composition book 3 Parts of the Constitution • Preamble • Articles • Bill of Rights/Amendments
How does the constitution protect against tyranny? Listed in the Articles: Constitution is supreme, Separation of Power/Checks and Balances, Popular Sovereignty, and Federalism!
Quiz #2 • 1. What is the word meaning powers are split between the states and the federal government? • 2. What is the vocabulary term that refers to legislative, executive, judicial branches? • 3. What is the vocabulary term referring the people have the power to change government by voting for representatives? • 4. What is the vocabulary word in which one branch has power over another branch?
Quiz #3: a= Executive; B= Legislative; c= Judicial; d= all of these Protects the Constitution Runs the daily operation of the government Controls the budget and gives out money vetoes bills Represents the people’s wishes
Quiz #4 - A Republic depends on and educated population List three duties and three responsibilities as a citizen?
Bill of rights and amendments Even rows pick even numbers, Odd rows odd numbers Pick a number from 1 to 5, another from 6 to 10, another from 11 to 16, and another 17 to 23 On the Graph - Paraphrase the amendment and illustrate it!
The Constitution has 3 parts • Constitution - defines the roles and responsibilities of citizens, states, and national government • #1 Preamble • #2 Articles • #3 Bill of rights • (page 3 of handbook)
The Preamble • I. Preamble - The introduction that explains why the Constitution was written and that the government is based upon the will of the people. *form - more perfect union *establish justice *insure domestic tranquility *provide common defense *promote general welfare *secure liberty for ourselves and posterity(page 2of handbook)
Seven Articles • II. Seven Articles - explain the structure of the national government and the relationship between it and the states. (page 3-4 of handbook) A. Federal System - government that divides power between individual states and the national government; however, the Constitution is the supreme law. ***See graph on page 284 of text book! (Page 9 of handbook)
C. Article one • Gives expressed powers and implied powers. • i. expressed -Budget, $ raising, borrowing, coining, trade • ii. expressed -Declare War, create and maintain military • iii. implied- Law making(See graph on page 288 for page 10 hndbk) • iv. implied -elastic clause – may expand if necessary • v. the house investigates and the senate tries for impeachment (page 7-8 of handbook)
D. The Articles • They explain the structure of the three branches of our National (Federal) Government: • 1 – Article I explains the bicameral -Legislative Branch - law making • (There is no limit to the number of terms, but must follow rules) • *Together they are called Congress. (page 3-4 of handbook)
B. Shared Powers • 1 - levy taxes • 2- court system • 3-10th amendment -"powers not given to the federal government are reserved for the states” (education)(page 9 of handbook)
C. Enumerated Powers • 18 total, not for any state • 1 - coin or make money • 2 - control commerce (place tax on imports) • 3 - make treaties or declare war with foreign governments • 4 - maintain military (army, navy, air force) • (page 9 of handbook)
Bill becomes a Law If the President does not sign the bill: • After ten days (not counting Sundays) the bill that is not signed goes into effect. • If the President Vetoes the bill, the bill goes back to Congress for alteration (usually does not become a law) (Page 10 of Handbook) Introduction into the House or Senate Referred to Committee Floor Action/Debate/Vote Sent to other house for consideration Conference Action – to compromise the differences between the House and Senate Final Vote passes the bill to the President for approval.
Legislative Branch • This is the branch most closely connected to the people. • Republic, the people vote for a representative in government. • Each state has 2 senators • Each state has a representative based upon the population of the state – Utah has 4
A. House of Representatives • Requirements • i - 2 year term • ii - 25 years of age or older • iii - 7 year citizen of the state elected • iv - one representative for every 435,000-600,000 • v- led by the Speaker of the House (majority party) • Paul Ryan (R) • Utah’s – Stewart, Chaffetz, Bishop, Love
Senate • B. Senate • i - 6 year term • ii - 30 years of age or older • iii - citizen of the state elected from for 9 years • iv - 2 senators per state • v- led by the Vice President (Mike Pence) • Utah’s are Hatch and Lee
D. Limits on the power of Congress: • i. Writ of Habeas Corpus - Cannot arrest anyone illegally or without cause • ii. Ex Post Facto - No arrest after the fact, the fact being the law • iii. Cannot show favoritism among states or groups • iv. Elastic Clause: To do what is necessary and proper, allows for flexibility to change as needed. • Commerce/Discrimination/Judicial Review (page 4 or 7-8 of handbook)
Executive Branch • The President is the manager and the bureaucracy assists in the day to day management of the country. • Electoral college votes for the executives • President Trump and Vice President Pence
Article 2 • 2. Article Two explains the Executive Branch - President, Vice President, and Cabinet (advisors) (page 3-4 of handbook) • Requirements for President • A. - 4 year term and for only 2 terms • B. 35 years of age or older • C - Natural born citizen (born in USA) • D - Live in the USA for 14 years prior to election(page 5-6 of handbook)
Duties of the President • F - President is the Commander in chief of the nation's armed forces • G - He/She conducts foreign affairs • H - Must see federal laws are carried out by authorizing/appointing federal officers • I - May appoint Supreme Court Judges but Senate must approve each(page 5-6 of handbook)
Incase the President dies • Amendment 20: The Vice President assumes the office, if the Vice President is not available Congress decides who will be President (the Speaker of the House (Ryan) Senate Pro Tempore (Hatch), or Secretary of State T….) • (Nixon and Agnew resign, so Gerald Ford as Speaker of the House replaced Nixon; Kissinger was not a natural born citizen) (page 5-6 of handbook)
Executing the Constitution and running the government White House – Chief of staff oversees the day to day operation. Bureaucracy – Over 200 different agencies to run the government. IRS FBI EPA FDA FAA National Parks US Postal Service US Coast Guard • Advisors to the President are called his “Cabinet” • Secretary of State • Secretary of Defense • Secretary of Interior • Secretary of the Treasury • Secretary of Education • Secretary of Health and Human Services
Judicial Branch • Make sure the Constitution is being followed • Make sure the laws do not interfere with the citizens’ rights • Highest court is Supreme Court, Federal Courts, State Courts, District Courts, County Courts, City Courts.
Article 3 • Explains the Judicial Branch - oversees that the laws and persons follow the Constitution(page 3-4 of handbook) • A. Criminal cases must be tried in the state in which the crime occurred • B. Handles lawsuits that involve foreign citizens or that are between states • C. A federal judge may hold office for life or as long as they act properly • D. –The Chief Justice acts as judge over an impeachment that must be investigated by the House and tried by the Senate (page 7-8 of handbook)
Supreme Court – Judicial Branch • Requirements: No age limit; Must behave morally and ethically; May NOT take part in any political action; Must carry out duties of office without bias or take part in any activities that conflict with judicial duties
Neil GorsuchGorsuch, 49, is the newest justice to join the court. The former Colorado federal appeals judge was nominated by President Donald Trump on January 31 to fill the late Justice Scalia's seat on the bench. He was confirmed by the Senate on April 7. Democrats, bitter over the GOP's refusal to hold a hearing for former President Obama's Supreme Court nominee Merrick Garland, fought hard to block Gorsuch's nomination. In order to get Gorsuch confirmed, Senate Majority Leader Mitch McConnell changed Senate rules to end debate on Supreme Court nominees with a simple majority of 52 votes instead of the original 60. Gorsuch was a former 10th Circuit Court of Appeals judge in Denver, nominated by President George W. Bush in 2006. Gorsuch was also a law clerk for Justice Kennedy. Gorsuch received his bachelor's degree from Columbia University, graduated from Harvard Law and got his Ph.D. from Oxford. He was born in Denver and has two daughters with his wife, Marie Louise.
Changing the Constitution • Section under Article V allows for changing the Constitution as times and the nation change • 1. Congress proposes an amendment by 2/3's votes and then sends the proposed amendment to the states. • 3/4's of the states must approve it to become part of the Constitution • 2. States call for a convention to propose an amendment; 2/3's of the states must approve and Congress must honor the amendment (page 3-4 &11 of handbook) **See graph on page 280
Checks and Balances of Courts • President nominates judges • Senate must confirm appointments • The House may impeach judges • Congress creates the federal courts and decides the number of judges in those courts • Congress may amend the Constitution • The Supreme Court may determine the actions of Congress/President as unconstitutional.
III. Amendments • The first ten are the Bill of Rights (pages 308-317) • 1. Freedom of Religion, Speech, Press, Assembly,& Petition • 2. Right to Bear Arms– right for state militia (National Guard) bear arms (gun ownership) • 3. Housing of Troops;except by owner consent/request • 4. Search and Seizure - warrant must state what officials expect to find and have a reason(Privacy) no elephant in matchbox
“I plead the fifth!” • 5. Rights of Accused Person • A. must be charged (may not be deprived of life, liberty, or property, without due process) • B. May not be tried twice for the same crime; • C. May not give evidence against self • D. May not take property without giving the owner a fair price(Miranda Rights: the right to remain silent, that anything said can be used against you in a court of law, the right to an attorney, and that one will be provided to you if you can't afford it.)
6. Right to a speedy and fair trialhear and refute witnesses (Miranda): the right to remain silent, that anything said can be used against you in a court of law, the right to an attorney, and that one will be provided to you if you can't afford it.) • 7. Civil Suits - jury determined by $ amount • 8. Bails, Fines, and Punishments – can not be excessive – one million vs. $2000; no pillary • 9. Powers reserved to the people (rights are not denied)more not listed –to wear shorts at -10 • 10. States reserved powers that are not delegated to the federal government • (End of Bill of Rights)
(page 12-13 of handbook) • 11. Suits against states - A state cannot be sued in any other court outside of the state – Supreme Court • 12. Electing the President and Vice President; be of the same party and agr • 13. Abolition of Slavery • 14. Citizenship • 15. Right to Vote
(page 12-13 of handbook) • 16. Income Tax (major source of federal revenue) • 17. Electing Senators • 18. Prohibition 1919 • 19. Women's Suffrage or right to vote for all(ish) • 20. "Lame Duck" and Presidential succession
(page 12-13 of handbook) • 21. Repeal of Prohibition (#18) • 22. Two term limit for Presidents 1951 • 23. Washington DC electoral rights • 24 Poll taxes 1964 • 25. Presidential Disability and Succession • 26. Right to vote at age 18 (1971) • 27. Congressional pay (1992)