Decoding the U.S. Constitution: Federal Powers and Branches

1. Chapter 9 Citizenship and the Constitution (1787 – Present)

2. Chapter 9 Citizenship and the Constitution (1787 – Present) Section 1 Understanding the Constitution

3. The Federal System • James Madison believed the best safeguard of the rights of the individual was a bill of rights • U.S. is a representative democracy – government led by officials who are chosen by the people • Federal system – powers divided between states and federal government • Delegated powers – power granted to federal government • Coining money, regulating interstate and international trade • Runs country’s defense, declares war and conducts diplomacy • “necessary and proper” clause or the elastic clause of the Constitution allows Congress to stretch delegated powers to address new or unexpected issues • Reserved powers – power kept by states or citizens • Creating local governments, holding elections, controlling education, trading within their borders • Concurrent powers – power state and federal governments share • Taxing, borrowing money, enforcing laws, providing for citizens’ welfare

4. The Legislative Branch • Separation of powers – designed to balance each branch against the others; keeps any branch from being too powerful • Congress makes nation’s laws • Article I divides Congress into the House of Representatives and the Senate • House of Reps – • 435 members • census taken every 10 years determines number of reps per state • apportionment – planned distribution – no state can gain a representative unless another state loses one • 25 years old, citizen for 7 or more years, and resident of state elected for • Serve 2 year terms (no limit) – represent a district in the state • Senate • 2 members from each state – represent whole state • 30 years old, citizen for 9 or more years, resident of state • 6 year terms (no limit) • Senator who has served longer is state’s senior senator

5. The Legislative Branch (continued) • Political party that has most members in each house of Congress = majority party; fewer members = minority party • Speaker of the House = leader of the House of Representatives • Selected by House members, usually from the majority party • Vice President of U.S. = president of the Senate • Does not join in Senate debates, but can vote to break a tie • President pro tempore leads the Senate when the vice president is absent • Congress begins regular session each year in the first week of January; special sessions may be called by the president during a national emergency • Each house carries out work in committees that specialize in certain types of bills (proposed laws) • Ex. Bills about taxes begin in the House Ways and Means Committee

6. The Executive Branch • Article II specifies the power of the executive branch • Enforces laws passed by Congress • President - head of executive branch – most powerful elected leader in the country • Must be native born U.S. citizen, 35 years old, U.S. resident for at least 14 years • Same requirements for vice president • Elections every 4 years; limited to 2 terms by the 22nd Amendment • Franklin D. Roosevelt was the only president to serve more than 2 terms (served 4) • If president dies or is removed from office, vice president become president

7. The Executive Branch (continued) • House of Reps can impeach (vote to bring charges of “treason, bribery, or other high crimes and misdemeanors” against) a president • Senate tries all impeachment cases • Andrew Johnson = first president impeached (1868), Bill Clinton was impeached in 1998 • Both cases, Senate tried the president and found him not guilty • Richard Nixon resigned in 1974 to avoid possible impeachment

8. Working With Congress • System of checks and balances often places president against Congress • Challenging when political party of president is different from majority party of Congress • President can ask members of Congress to pass or reject certain bills • Has veto power • Congress can override veto with 2/3 majority vote • After a law is passed, federal agencies and departments decide how to carry it out • In carrying out laws that affect parts of the Constitution, treaties, and statutes, the president may issued an executive order (command that has power of law)

9. Working with Congress (continued) • President has power to grant a pardon (freedom from punishment) • Sometimes given to persons convicted of federal crimes or who are facing federal criminal charges • President = commander in chief of the armed forces • In an emergency he can send in U.S. troops • Only Congress can declare war • 14 executive departments do most of the work of the executive branch • President chooses the department heads – they make up the cabinet

10. The Judicial Branch • Federal courts headed by U.S. Supreme Court • Article III outlines courts’ duties • Strike down state or federal law if found unconstitutional • President makes all appointments to federal courts • Appointed for life • Avoid influence by political parties • Lower courts are divided according to the types of cases over which they have jurisdiction (authority) • Each state has at least one district court – higher population = more than one district court • 94 U.S. district courts; 13 courts of appeals that review lower-court decisions • Someone convicted of a crime can appeal to the higher court if they believe original trial was unfair • Panel of judges – if they uphold, verdict stands; if not, the case may go back to the lower court for a new trial

11. The Supreme Court • After case has been decided by court of appeals, losing side may appeal to the Supreme Court • Justices carefully choose which cases to hear – do not review every case sent • Cases chosen must involve important constitutional or public interest issue • If Supreme Court refuses to hear case, court of appeals decision is final • Some cases go directly to Supreme Court • Involving international diplomats or disputes between states • Congress decides how many justices sit on the Court • Traditionally, number = 9 • Chief Justice leads Supreme Court • No specific requirements, but so far, every justice has been an attorney • Thurgood Marshall became the first African American justice in 1967 • Clarence Thomas = 2nd in 1991 • Sandra Day O’Connor = first woman in 1981 • 2 women currently sit – O’Connor and Ruth Bader Ginsburg • John G. Roberts, Jr. = current Chief Justice

12. Chapter 9 Citizenship and the Constitution (1787 – Present) Section 2 The Bill of Rights

13. The First Amendment • Most basic rights of all U.S. citizens • Freedom of religion, the press, speech, assembly and to petition (make a request of the government) • Government cannot support or interfere with the practice of a religion • Keeps the government from favoring one religion over another • At the time the constitution was written, most nations had a state religion • Allow expression of different points of view • Freedom of speech does not mean people can say whatever they want • Does not protect slander (false statements meant to damage someone’s reputation) or libel (intentionally publishing a lie that harms another person) • Does not protect speech that endangers public safety • Any group may gather to discuss issues or conduct business • If gathering peacefully and not involved in illegal activity

14. Protecting Citizens • 2nd, 3rd, and 4th Amendments all relate to colonial disputes with Great Britain before the Revolution • 2nd – right to bear arms – keep state militias in case of emergency; National Guard has replaced state militias • Many state that gun control laws violate this amendment – U.S. Court of Appeals ruled that they do not; Supreme Court allowed ruling to stand in 1983 • 3rd – keeps military from forcing citizens to give housing to soldiers; British issued writs of assistance – written orders that let officials search any colonist’s property for illegal goods; • 4th – protection against “unreasonable searches and seizures” • Authorities must have search warrant or order permitting them to look through someone’s property • Do not always need warrant to conduct search • if suspect tries to destroy evidence or hide a weapon – emergency search; intended to protect officers and evidence needed to prove criminal activity

15. The Rights of the Accused • 5th, 6th, and 7th – guidelines for trying people accused of crimes; protect the rights of the accused • 5th – government cannot punish anyone without due process of law (every law should be fairly applied) • Grand jury decides if there is enough info to indict (try someone) • Protects people from being forced to testify in their own criminal trial • Anyone found not guilty cannot face double jeopardy (cannot be tried again for the same crime) • No one will have property taken without process of law • Exception = eminent domain (power to take property to benefit the public; ex. Private land for public road); receive fair price unless property is gained through illegal activities • 6th – protects rights of someone accused of a crime • Speedy trial by jury • Right to know charges against him • hear and question witnesses testifying against him • Right to an attorney • Government provided legal services if you cannot afford them • 7th – juries can decide civil cases • Injured people may sue in civil court a person who caused them physical or financial injury • Civil cases = disputes over money or property

16. Bail and Punishment • 8th amendment: • allows for defendants to post bail (money they promise to pay the court if they do not appear in court at the proper time) and prevents courts from setting unfairly high bail • Ensures defendants do not have to stay in jail during the trial • Judge can refuse to set bail for people accused of serious crimes or who the court believes are a flight risk • Bans “cruel and unusual punishment” • Furman v. Georgia – 1972 – Supreme Court ruled that the methods by which most states carried out the death penalty = cruel and unusual (violating the 8th amendment; then in 1976, the court ruled that not all executions are cruel and unusual

17. The Rights of States and Citizens • 9th Amendment – rights listed in the Constitution are not the only rights citizens have • Allows the courts and Congress to recognize other rights • Ex. Constitution does not address education, but most people consider it to be a basic right • 10th Amendment – states and the people have additional powers beyond those specifically mentioned in the Constitution • Any power not specifically granted to Congress or denied to the states • Protects rights of citizens in addition to helping to keep the balance of power between the federal and state governments

18. Chapter 9 Citizenship and the Constitution (1787 – Present) Section 3 Rights and Responsibilities of Citizenship

19. Becoming a U.S. Citizen • Several ways: • Born in U.S. or territory controlled by U.S. • Person of foreign birth become naturalized • Someone born in foreign country if one parent is a citizen – does not have to move to the U.S. • People who move permanently to a new country are immigrants • Legal immigrants have same rights and responsibilities as citizens • Cannot vote or hold office • any immigrant who breaks the law can be deported • 2 differences between naturalized and native-born citizens: • Naturalized can lose their citizenship and cannot become president or vice president

20. Becoming a U.S. Citizen (continued) • Legal immigrants older than 18 may petition for naturalization • Must live in U.S. for 5 years • Able to support themselves financially – if not someone must sponsor them • INS oversees process of become a citizen and sets hearing to test person’s qualifications • Immigrants must prove that they are law-abiding and of good moral character • Take series of tests to show they can read, write, and speak English • Must have basic understanding of U.S. history and government • Background check • All minors of naturalized citizens become citizens as well

21. Duties of Citizens • Successful democracy requires that citizens fulfill their civic responsibilities • Vote • serve on juries • Those who serve on juries fulfill their fellow citizens’ 6th Amendment right to a trial by jury • protect the nation in time of danger • In the past, the government has issued a draft to acquire the needed number of soldiers for service • obey the law • help the community • respect authority figures • Paying taxes – relied on for public roads, police and fire departments, schools • Sales tax, property tax, income tax • April 15th – Income tax day • Income tax = progressive – rate of tax paid increases as level of income increases • Sales tax = regressive – applied equally to people regardless of income

22. Citizens and Elections • Elections form the basis of America’s representative democracy • Citizens should learn as much as they can about the candidate and the issues before voting • Info. Available though the Internet, newspapers, television, etc. • Be aware of propaganda • May choose to help campaign for a certain candidate or issue • Money may be donated directly to a candidate or through political action committees (PACs) – collect money to give candidates who support certain issues • Voting age = 18 • Younger than 18 may help campaigns

23. Citizens and Government • People can influence officials by letting them know what the citizens want done • Some join interest groups • Formed to lobby politicians on behalf of certain issues – represent the views of a particular segment of society • Some hold demonstrations • Can share views with leaders by writing letters and attending public meetings

24. Community Service • Civic duty to help others • Some volunteer in community service groups • Ex. Neighborhood Watch • some groups work along with the government to help people • American Red Cross, Habitat for Humanity, etc.