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United States Government

United States Government. Honors U.S. History I. I. Constitution Ratification A. Definition 1. Ratify means to approve B. Requirements 1. 9 out of 13 state legislatures had to ratify document in order for it to go in effect C. Opposing Sides

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United States Government

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  1. United States Government Honors U.S. History I

  2. I. Constitution Ratification A. Definition 1. Ratify means to approve B. Requirements 1. 9 out of 13 state legislatures had to ratify document in order for it to go in effect C. Opposing Sides 1. Debate over ratification of document

  3. a. Divides the US into 2 groups 2. The Federalists favored the Constitution 3. The Anti-Federalists (Republicans) oppose the Constitution D. Federalists 1. Favor the Constitution exactly as it is 2. Feel that a strong national gov’t is necessary to prevent anarchy

  4. 3. Only a strong national gov’t could protect the country and solve internal problems E. Anti-Federalists 1. Criticize and oppose the present version of Constitution 2. Felt that the Constitution was created in secret 3. Also felt that it was not legal under the old Articles of Confederation

  5. a. the Articles authorized a convention that would revise the Articles not create a whole new plan for gov’t 4. The Constitution took important powers away from the states 5. The Constitution had no Bill of Rights

  6. a. A fear that a strong national gov’t would take away the rights citizens had won during the Revolution F. Finally… 1. Federalists had to promise to add a Bill of Rights to the Constitution 2. Delaware the 1st to ratify in Dec. 1787

  7. 3. 9th state to ratify was New Hampshire in June 1788 a. Makes the Constitution official 4. Problem remains that large states of NY and VA had not ratified the document a. Need these states to lend credibility to the new plan for gov’t b. lots of debates in these states

  8. c. Finally both agree by slim margins 5. New York City named temporary capital 6. George Washington elected the 1st president of the United States of America 7. John Adams elected 1st vice- president

  9. 8. Congress 1st meets on March 4, 1789 a. 22 senators b. 59 representatives II. Constitution Basics A. Definition 1. A plan that provides the rules for gov’t

  10. 2. Has three major purposes a. Sets out the ideals that the people under the Constitution believe in and share b. Establishes the basic structure of gov’t and defines the gov’t ideals c. Provides the supreme law of the country

  11. B. Structure of Document 1. Preamble a. Introduction to the Constitution b. Lists the 6 goals for the new gov’t (1) form a more perfect union (2) establish justice (3) ensure domestic tranquility

  12. (4) provide for the common defense (5) promote the general welfare (6) secure the blessings of liberty 2. Seven Articles a. 7 sections of the body of the document Article 1: Legislative Branch

  13. Article 2: Executive Branch Article 3: Judicial Branch Article 4: the relationship between states and also the states and the gov’t

  14. Article 5: ways the Constitution can be changed Article 6: the Supremacy Clause (the Constitution is the “supreme law of the land”) Article 7: the ratification process for the Constitution

  15. 3. Amendments a. Changes to the Constitution b. 27 total as of 2009 c. 1st one passed in 1787 d. 27th passed in 1992

  16. III. Major Principles A. Basics 1. There are 6 major principles for our gov’t stated in the Constitution B. Popular Sovereignty 1. Rule by the people 2. Gov’t based on the consent of the people it governs

  17. C. Federalism 1. Gov’t system in which power is divided between the national and state gov’ts 2. This was a “middle ground” compromise between a strong, centralized national gov’t and strong state gov’ts

  18. D. Separation of Powers 1. Limits the gov’t by again dividing powers among the 3 separate branches a. Executive b. Judicial c. legislative 2. Hopefully avoids any 1 branch from becoming too powerful E. Checks and Balances 1. Each branch of gov’t exercises some control over the others

  19. 2. Created so that 1 branch of gov’t cannot become too powerful F. Judicial Review 1. The power of the courts to declare laws and actions of the gov’t invalid if they violate the Constitution 2. Not written in the Constitution but adopted later through court cases

  20. G. Limited Government 1. The Constitution limits the powers of the gov’t 2. Done by listing the specific powers the gov’t should have and also describing the powers it does not have IV. Safeguards: Separation of Powers A. Definition

  21. 1. Limiting the gov’t by dividing its power among the three branches B. Branches 1. Executive 2. Judicial 3. Legislative C. Rationale 1. Preventing any one branch from having too much power 2. Done so both national and state (and sometimes local) levels

  22. V. Safeguards: Checks and Balances A. Definition 1. A system in which the different branches of gov’t exercise some degree of control over the other branches B. Executive over Judicial 1. President appoints all federal judges C. Executive over Legislature 1. The president may do all of the following:

  23. a. Veto legislation b. Call special sessions of Congress c. Appeal to the people D. Judicial over Executive 1. Judges free from executive control a. Appointed for life 2. May declare executive actions unconstitutional

  24. E. Judicial over Legislature 1. May declare acts of Congress unconstitutional F. Legislature over Executive 1. Create agencies and programs 2. Appropriate all federal funds 3. Override presidential veto a. 2/3 vote in both houses 4. Remove president through impeachment

  25. a. Majority vote in House brings charges b. Senate holds trial; 2/3 vote for guilty G. Legislative over Judicial 1. Create all lower courts 2. Able to remove judges through impeachment 3. Senate approves judicial appointments

  26. VI. Amendments A. Definition 1. Changes to the Constitution B. Process 1. Must first be proposed a. By 2/3 of Congress or b. National convention allowed by Congress at the request of 2/3 states

  27. 2. Must then be ratified a. 3/4 of state legislatures must approve b. Each state calls a ratifying convention and then 3/4 of these must approve the amendment C. Why make it so hard to do? 1. The Constitution is a very important document so we do not want too many changes

  28. 2. Often takes years to get the large % of votes to propose and ratify the amendment 3. Needs a lot of public approval to get it done D. Bill of Rights 1. First ten amendments to the Constitution 2. Purpose to protect 2 kinds of freedom

  29. a. Rights of individual liberty b. Rights of those accused of crimes 1st Amendment: protects the freedom of… * religion * press * speech * assembly * criticize public officials 2nd Amendment: protects right to bear arms

  30. 3rd Amendment: prohibits the gov’t from forcing people to quarter soldiers in their homes required 4th Amendment: protects… * the right to privacy * no unlawful searches & seizures a. Must have a specific reason to search or seize

  31. b. The search or seize must have a probable cause c. search or arrest warrants may be required 5th Amendment: provides important protections for those accused of crimes * no one can be tried for a serious crime unless a grand jury has decided there is reasonable evidence to stand trial

  32. * “double jeopardy” a. A person who is found innocent of a crime cannot be tried again for the same crime * self-incrimination a. A person does not have to testify against themselves

  33. * Due-process a. The gov’t may not deprive you of your right to life, liberty, or property without the due process of law 6th Amendment: protects the right to… * a speedy, public trial by an impartial jury * know the charges against you

  34. * hear and question all witnesses * be defended by a lawyer 7th Amendment: rules for creating and running a jury 8th Amendment: prohibits… * an excessive bail or fine * any “cruel or unusual” punishment 9th Amendment: protects all natural rights of citizens not mentioned in Constitution

  35. 10th Amendment: all powers not given to the national gov’t in the Constitution or forbidden to the states in the Constitution are reserved for the people (states) other important amendments… 13th Amendment: outlaws slavery

  36. 14th Amendment: prohibits a state from depriving people of life, liberty or the pursuit of happiness without the due process of law 15th Amendment: prohibits the gov’t from denying anyone the right to vote based on race 18th Amendment: prohibits the manufacture, sale or transportation of alcoholic beverages

  37. 19th Amendment: grants women the right to vote 21st Amendment: repealed the 18th Amendment VII. Powers: Expressed, Implied, Inherent, Reserved, Concurrent and Denied A. Basics 1. Those gov’t powers, both national and state, as given through the Constitution

  38. B. Expressed Powers 1. a.k.a. enumerated powers 2. Those powers given to the national gov’t which are stated directly in the Constitution 3. Mostly found in the first 3 articles 4. Examples… a. Power to levy and collect taxes b. Power to coin $$$ c. Power to make war

  39. d. Power to raise an army and navy e. Power to regulate commerce among states C. Implied Powers 1. Those powers that the national gov’t requires to carry out the powers expressly given to them in the Constitution 2. Not specifically listed in the Constitution

  40. 3. Comes out of the necessary and proper clause a. a.k.a. the elastic clause b. “Congress shall have power… to make all Laws which shall be necessary and proper for carrying into Execution the Foregoing powers, and all other powers vested… in the Government of the United States.”

  41. c. Helped the national gov’t deal with any problems the Founders could not foresee D. Inherent Powers 1. Those powers that the national gov’t has simply because it is a national gov’t 2. Examples are immigration, diplomatic relations with other countries, etc.

  42. E. Reserved Powers 1. Those powers reserved for the state only 2. Not listed in the Constitution 3. Comes from the 10th Amendment a. Those powers “not delegated to the United States by the Constitution, nor prohibited by it to the states”

  43. 4. Examples are licensing jobs, and regulating commerce F. Concurrent Powers 1. Those powers that both the federal and state gov’ts have 2. Examples are power to tax and operate courts G. Denied Powers 1. Powers denied to all levels of gov’t

  44. 2. Examples are to tax exports and interfere with the ability of the states to do their jobs H. Supremacy Clause 1. Stated in the Constitution that all acts and treaties of the national gov’t are supreme a. More powerful than the states

  45. 2. “This Constitution, and Laws of the United States which shall be made in the Pursuance thereof, and all treaties made…under the Authority of the United States, shall be supreme Law of the Land; and the Judges in every State shall be bound thereby.” 3. No state law may conflict with any national law at any time

  46. VIII. Election Process A. Nomination Process 1. Four major ways to be nominated for election a. Caucus b. Nominating convention c. Primary election d. Petition 2. A caucus is a private meeting of political party leaders who choose candidates

  47. a. Considered undemocratic b. Not done to much 3. A nominating convention is an official public meeting of a political party to choose the candidate a. Local party reps sent to convention b. Considered more democratic c. Much more popular

  48. 4. The primary election is an election in which party members select people to run for office a. They vote for which candidate can run for party 5. The candidate can announce their candidacy and file petitions (signed by voters) to get their name on the ballot

  49. B. The Vote 1. Cannot be a convicted felon 2. Cannot be legally insane 3. Must be a US citizen 4. Must be at least 18 years of age 5. Election held on the 1st Tuesday after the 1st Monday in November C. Popular Vote 1. The actual number of voters who vote for a candidate

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