Unit 2
Constitutional Government
American Government
https://www.youtube.com/watch?v=54frRVRv1Mw
SSCG3 The student will demonstrate knowledge of the
United States Constitution.
SSUSH5 The student will explain specific events and key
ideas that brought about the adoption and implementation of
the United States Constitution.
Essential Questions:
1. What were the major weaknesses of the Articles of
Confederation?
2. What event showed the country that we needed a
stronger central government?
3. Who is considered to be the father of the
Constitution?
It was difficult
to pass laws
because 9 of
13 states
approval was
needed.
Difficult to
amend/change
the Articles
because a
unanimous vote
was needed
No executive
branch to
enforce laws
No means to
regulate
trade with
foreign
countries.
Weaknesses of
the Articles of
Confederation
No judicial
branch to
interpret
laws
No common
currency
Congress
lacked the
power to
collect
taxes.
Need for Stronger Government
◆ Government Debt
NO $$$$
◆ Shay’s Rebellion
Daniel Shay lead farmers that were
losing their land in Massachusetts over
1000 men tried to seize a federal
arsenal
https://www.youtube.com/watch?v=1pbJHH9F9-Q
Constitutional Convention
When/Where/Who
•September 1787
•Congress met for a
Constitutional Convention in
Philadelphia
•James Madison
Why
•Articles of Confederation
were not working
•A stronger central
government was needed
https://www.youtube.com/watch?v=_JDF0WWW13A
Constitutional Convention
They created the
U.S. Constitution
A written plan for the structure of the
U.S. government.
Weaknesses
of the Articles of Confederation
• Unicameral Congress.
• No executive branch.
• Few powers given to national
government.
• Congress was elected by the state
legislatures.
• Congress had no power to regulate
trade.
• Congress had no power to levy
taxes
•
Strengths of the
Federal Constitution
• Bicameral Congress.
• President given power to enforce
laws.
• Congress elected by the people
(Senate after Amendment 17)
• Simple majority needed to pass laws.
• Congress given power to collect
taxes.
• Congress given power to coin money.
• Congress given power to forms army
and navy for national defense.
SSCG3 The student will demonstrate knowledge of the
United States Constitution.
SSUSH5 The student will explain specific events and key
ideas that brought about the adoption and implementation of
the United States Constitution.
Essential Questions:
1. What were the major weaknesses of the Articles of
Confederation?
2. What event showed the country that we needed a
stronger central government?
3. Who is considered to be the father of the
Constitution?
SSCG3 The student will demonstrate knowledge of the United
States Constitution.(repeat)
SSUSH5 The student will explain specific events and key
ideas that brought about the adoption and implementation of
the United States Constitution.(repeat)
Essential Questions:
4. Compare and Contrast the New Jersey plan with the Virginia
Plan?
5. Explain the Great Compromise?
6. Why did they need a compromise on slavery?
Compromise
• New Jersey Plan
Favored small states wanting
equality in the legislative branch
• Each state would be equal
having two votes
• Virginia Plan
Favored large states wanting the
legislative branch based on
population of each state
• Each state would get # votes
based on its population size
Great Compromise
Also known as Connecticut compromise combined the two ideas to
form a bi-cameral legislature with one house based on population
(House of Representatives) and the other house based on equality
(Senate).
Other Compromises
◆ 3/5ths
◆ Commerce and Slave Trade
◆ President
https://www.youtube.com/watch?v=WEy4sg2-kp4&list=PLN6iYAw63ugz2YaWVClfhrXTNh4EIdQku
SSCG3 The student will demonstrate knowledge of the United
States Constitution.(repeat)
SSUSH5 The student will explain specific events and key
ideas that brought about the adoption and implementation of
the United States Constitution.(repeat)
Essential Questions:
4. Compare and Contrast the New Jersey plan with the Virginia
Plan?
5. Explain the Great Compromise?
6. Why did they need a compromise on slavery?
SSCG3 The student will demonstrate knowledge of the
United States Constitution.
Essential Questions:
7. What are the three parts to the Constitution?
8. Where are the goals listed?
9. How many Articles are there?
10. What articles set up the three branches?
11. What are the powers of each of the three branches?
About the Constitution
The Constitution is organized into
three parts:
• 1. Preamble describes the
purpose of the document and
government
• 2. Articles establish how the
government is structured and
how the Constitution can be
changed. There are seven
articles
• 3. Amendments changes to the
Constitution; the first ten are
called the Bill of Rights
• describes the structure of
the government and the
rights of the American
people.
• No law may be passed that
contradicts its principles
• no person, or the
government, is exempt from
following it.
• This is why it is commonly
called the "supreme law of
the land".
The Preamble
https://www.youtube.com/watch?v=yHp7sMqPL0g
https://www.youtube.com/watch?v=Sre7GuNEjpE
The Constitutional Preamble
Outlines the goals of the government that it created
https://www.youtube.com/watch?v=L0KRT31RgK4
Goals of the
Preamble
What it means
Where it is found
in the Constitution
We the people of the
To create a better
By creating a policy
United States, in Order
government than
making executive
to form a more perfect that provided by the branch and by giving
union
Articles of
Congress the power to
Confederation
tax, the new
Constitution avoided
the worst difficulties
of the Articles of
Confederation
Goals of the
Preamble
Establish Justice
What it means
Where it is found
in the Constitution
To make laws and
The Constitution
establish a fair court
created the U.S.
system
Supreme court and the
judiciary Act of 1789
created the rest of the
federal court system
Goals of the
Preamble
Insure Domestic
tranquility
What it means
Where it is found
in the Constitution
To maintain law and The federal government
order at home
shares with state
governments the task
of maintaining law and
order at home.
Together they are
responsible for
enforcing laws.
Goals of the
Preamble
Provide for the common
defense
What it means
Where it is found
in the Constitution
To protect the
The Constitution
nation
authorized Congress to
against its enemies create an army and a
navy.
Goals of the
Preamble
Promote the general
welfare
What it means
Where it is found
in the Constitution
To ensure the well
Over time, the U.S.
being of the entire government has given all
population
citizens the right to
vote.
Goals of the
Preamble
What it means
And secure the blessings To safeguard people’
of liberty to ourselves s personal freedom
and to our posterity
Where it is found
in the Constitution
The Bill of Rights
Goals of the
Preamble
What it means
Do ordain and establish Create this form of
this Constitution for the government for the
United States of
country.
America.
Where it is found
in the Constitution
Articles
Article I
Legislative Branch that makes the laws
Article II
Executive Branch that enforces the laws
Article III
Judicial Branch the review or interprets the laws
Article IV
Relations among the states
Article V
Amending the Constitution
Article VI
Supremacy Clause
Article VII
Ratification
https://www.youtube.com/watch?v=UCJ2of4kx5E
Legislative Branch
• Created in Article I
• Congress is the
lawmaking branch
• Made up of 2 houses:
the Senate and the
House of
Representatives
Powers of the
Legislative Branch
• Makes the laws
• Confirms presidential
appointments
• Approves treaties
• Grants money
• Declares war
Executive Branch
• Created in Article II
• Executes the country’s
laws
• Headed by the
President
Powers of the Executive
Branch
• Proposes laws
• Approves or vetoes laws
• Administers and executes
the laws
• Commands the armed forced
• Appoints ambassadors,
federal judges and others
• Conducts foreign policy
• Makes treaties
Judicial Branch
• Created in Article III
• Interprets laws and
punishes lawbreakers
• Supreme Court is the
head of the judicial
branch
Powers of the
Judicial Branch
• Interprets the
Constitution and
other laws
• Reviews lower court
decisions
SSCG3 The student will demonstrate knowledge of the
United States Constitution.
Essential Questions:
7. What are the three parts to the Constitution?
8. Where are the goals listed?
9. How many Articles are there?
10. What articles set up the three branches?
11. What are the powers of each of the three branches?
SSCG3 The student will demonstrate knowledge of the United States
Constitution.
SSCG4 The student will demonstrate knowledge of the organization and
powers of the national government.
SSCG5 The student will demonstrate knowledge of the federal system of
government described in the United States Constitution.
SSCG6 The student will demonstrate knowledge of civil liberties and civil
rights
Essential Questions:
1. What are the major principles of the Constitution?
2. What is Federalism and how does it separate power?
3. How does the system of Checks and Balances work?
1.
2.
3.
4.
5.
6.
Popular Sovereignty
Limited Government
Separation of Powers
Checks and Balances
Judicial Review
Federalism
Principles
◆ Separation of powers with 3 branches
of government
◆ Checks and balances so that no branch
was too powerful
◆ Guarantees equality under the law with
majority rule and the rights of the
minority protected
Principles
◆ Affirms individual worth and dignity
of all people
◆ Protects the fundamental freedoms
◆ A “living document”
FEDERALISM
Federalism
The division of power between the
national government and the
governments of the 50 states.
https://www.youtube.com/watch?v=0IsRmNhwauc
Federalism
• The powers of government are
divided between the national
government and the state
governments.
• The national government governs
the people of the entire country
• Federal Government- The
national government is called the
“Federal Government”
• The federal government is “the
supreme law of the land” that
all states must defer to.
• Each of the 50 states has its
own government.
• State governments govern the
people living in each state.
• Federal System- refers to the
country’s system of government
including both the national
government and the
governments of the 50 states.
• All powers that the Constitution
does not give to the federal
government remain with the
state governments.
Delegated/
Enumerated Powers
National Government
• Give the federal
government strength
to protect and serve
the country.
•
•
•
•
•
-Coin money
-Declare war
-Admit new states
-Establish armed forces
-Regulate patents and
copyrights
• -Regulate foreign trade
Concurrent Powers
Both National and
State Governments
Held by both state and
federal governments
•
•
•
•
•
-Collect taxes
-Enforce laws
-Borrow money
-Establish courts
-Provide for the
general welfare
Reserved Powers
State Governments
Kept for the states to
manage their own
affairs and to balance
the power of the
federal government.
•
•
•
•
•
•
•
•
•
•
-Regulate intrastate commerce (trade)
-Conduct elections
-Incorporate businesses
-Voter qualifications
-Establish local governments
-Regulate school
-Conduct Elections
-Establish marriage laws
-Assume powers not given to the
national government and not denied to
the states
-Protect the health, safety and welfare
of the people.
Separation of Powers
https://www.youtube.com/watch?v=YMY6lOVjQgs
Separation of Powers
Distributes power
equally among
three branches of
government
Ensures no person
or branch of
government is too
powerful
https://www.youtube.com/watch?v=CkzbPUOR3SU
Checks and Balances
•* Each branch has powers that no
other branch can have
•* Each branch has powers that limit
the powers of the other two
branches
•* Ensures that no branch becomes
too powerful
https://www.youtube.com/watch?v=JEudI6CasQ8
Legislative Checks
Over
The Executive branch
• Overrides vetoes
• Approves federal
judges
Over
The Judicial branch
• Approves federal
judges
• Impeaches federal
judges
Executive Checks
Over
The Legislative branch
• Vetoes acts of
Congress
• Calls Congress into
special session
Over
The Judicial branch
• Appoints federal
judges
Judicial Checks
Over
The Legislative branch
Over
The Executive branch
• Judicial Review
Declares laws
unconstitutional
• Declares executive
acts unconstitutional
SSCG3 The student will demonstrate knowledge of the United States
Constitution.
SSCG4 The student will demonstrate knowledge of the organization and
powers of the national government.
SSCG5 The student will demonstrate knowledge of the federal system of
government described in the United States Constitution.
SSCG6 The student will demonstrate knowledge of civil liberties and civil
rights
Essential Questions:
1. What are the major principles of the Constitution?
2. What is Federalism and how does it separate power?
3. How does the system of Checks and Balances work?
SSCG3 The student will demonstrate knowledge of the United States
Constitution.
SSCG6 The student will demonstrate knowledge of civil liberties and civil
rights
SSUSH5 The student will explain specific events and key ideas that brought
about the adoption and implementation of the United States Constitution.
Essential Questions:
1. Compare and Contrast the Federalist and Antifederalist.
2. What are the Bill of Rights and why were they added to the
Constitution?
3. What is the process for amending the Constitution?
Ratifying the Constitution
• Federalist
• Anti-Federalist
supported the new
They feared that the
constitution and wrote new government was
the federalist papers too strong and would
take the rights away
from citizens
https://www.youtube.com/watch?v=kCCmuftyj8A
The Federalist Papers were a series of 85 essays
by Alexander Hamilton, James Madison, and John Jay,
under the pen-name "Publius," that appeared in New York
newspapers . The essays supported a strong national
government urged New York delegates to ratify (approve)
the Constitution.
Others such as George Mason and Patrick Henry fought
against ratification. They believed power should primarily
be held by the states.
They also demanded a BILL of RIGHTS to protect basic
freedoms that governments often take away from people.
A “Living Document”
The framers of the Constitution planned a
system of government that could adapt
to the changing conditions and needs of
the country.
The Constitution is called a
living document because it can
be changed.
A Living Document
Adaptability- Amendments
• An amendment is a
written change to the
Constitution.
• The amendment process is
complex; to date only 27
amendments have been
added.
• The first 10 amendments
are called “The Bill of
Rights.”
Flexibility- Elastic Clause
• Also known as the “necessary
and proper clause
•
”Allows Congress to extend its
delegated powers.“to make all laws
which shall be necessary and proper
for carrying into execution the
foregoing powers”
• Permits Congress to pass
laws related to situations
that have developed since
the writing of the
Constitution.
Process for Amending
the Constitution
• Action by Congress
or Convention
(2/3 of Congress)
• Ratification by the
states
(3/4 of States)
SSCG3 The student will demonstrate knowledge of the United States
Constitution.
SSCG6 The student will demonstrate knowledge of civil liberties and civil
rights
SSUSH5 The student will explain specific events and key ideas that brought
about the adoption and implementation of the United States Constitution.
Essential Questions:
1. Compare and Contrast the Federalist and Antifederalist.
2. What are the Bill of Rights and why were they added to the
Constitution?
3. What is the process for amending the Constitution?
The Bill of Rights
The 1st Ten Amendments to the
Constitution
https://www.youtube.com/watch?v=4reFwa_ixXk
Bill of Rights
Why?
• 1st Federal Congress wanted
a written list of individual
rights
• To protect against abusive
government power.
• Influence of other
documents (Virginia Statute
of Religious Freedom;
Virginia Declaration of
Rights)
What Principle?
• Individual Freedoms
• Protections against the
government
• Rights of citizens accused of
crimes
The Constitution establishes
and protects our 1st
Amendment freedoms, but
there are limits!!
Who determines what the Bill
of Rights means?
• The Supreme Court makes rulings on the
meaning
• The Supreme Court balances the rights
of the individual with the needs of
society
• Selective
Incorporation
1st Amendment
5 Freedoms protected by the U.S. Constitution
The First Amendment
5 Protected Freedoms
•
•
•
•
•
Freedom of Speech
Freedom of Religion
Freedom of the Press
Freedom of Assembly
Right to petition the
government
Petition the Government
• “Congress shall make no law . . .
Abridging . . . the people. . . to petition
the government for a redress of
grievances”
Petition
• Freedom to make
views known to public
officials
• Grievance with
government policy
Petition the government
• You may sue the government for wrongs
• You cannot be punished for exposing
wrongs by the government
• The courts decide the wrongs
Freedom of Religion
• “Congress shall make no law respecting
an establishment of religion or
prohibiting the free exercise there of”
Religion
• Freedom to
exercise religion
• Government can’t
establish an
official religion
• Government can’t
endorse a religion
Free Exercise— The person
Can
Cannot
• Choose whatever
religion
• Lead a prayer in
most examples
• Ask questions about
religions
• Worship whoever or
whatever you want
• Break the law and
claim it is religious
belief
• Raise children
without education
• Deprave children of
basic needs
Establishment clause-Government
CAN
CAN NOT
• Teach about religions in
school
• Allow voluntary prayer
in many examples
• Transport students to a
religious school
• Read Bible for culture
or literacy content
• Set a state religion
• Government cannot
order a prayer
• Teach religious doctrine
in the school
• Pay seminary teachers
• Teach creationism
Freedom of Assembly
• Congress shall make no law . . . Abridging
. . . The people to peaceably assemble”
PERMIT
Assembly
• Freedom to
gather peacefully
• Political rally
• Protest march
• Sit in
PERMIT
PERMIT
Freedom of Assembly– The Individual
CAN
CANNOT
• Protest
• Parade (with a
permit)
• Parade chanting hate
slogans
• Gang members can
congregate in public
• Protest by throwing
rocks and breaking
windows
• Hang out on private
land against owners
will—loitering
• Break teen curfew
Freedom of Speech
• “Congress shall make no laws . . .
abridging the freedom of speech”
Speech
• Freedom to express
opinions and beliefs
• Not absolute
• Obscenity is not
protected
• Dafamatory
• Slander
• Libel
Free speech– The individual can:
•
•
•
•
•
•
Say any political belief
Protest (without getting out of control)
Say things about someone that are true
Burn the flag
Say racist and hate slogans
Free speech means someone might say
something you disagree with
Free speech— A person CANNOT
• Threaten to blow up airplanes, schools or the
president
• Sexual harassment
• Create too much social chaos
• Extremely crude language in a public form
• Disrespectful, vulgar language in schools
• Hate crimes
Freedom of the Press
• Congress shall make no
law . . . abridging . . .
the freedom of the
press.”
PRIOR RESTRAINT
Press
• Freedom to gather
and publish
information
• Freedom to criticize
the government
PRIOR RESTRAINT
Freedom of the press- The press
CAN
CANNOT
• Print any political
• Libel– intentionally
position
injuring a person’s
reputation by false facts
• Make fun of people,
especially politicians
• Disclose defensesecurity secrets
• Expose wrongs by the
government
• Detail how to make a
certain weapons
• Say things you might not
agree with
Constitutional Amendments
nd
2 Amendment
Right to bear arms
• “A well-regulated
militia, being
necessary to the
security of a free
state, the right of
the people to bear
arms shall not be
infringed.”
What is the debate with the
right to bear arms?
3
rd
Amendment
• The Government
cannot force you
to shelter soldiers
in your home
without your
consent in time of
war or peace.
Rights of the Accused
Amendments #4-8
Important to preserve freedom
4
th
Amendment
• What does a policeman
need in order to
search your home?
– A warrant given to
him by a judge
– Probable cause is
also needed
5
th
Amendment
• You cannot be tried for the same crime twice—
called “Double Jeopardy”
• You do not have to testify against yourself. “I
plead the fifth”
• You must have due process of law before you are
convicted
• Grand Jury (indictment)
• The government cannot take your land unless it
pays. (eminent domain)
6th Amendment
• Right to
speedy trial
by impartial
jury—meaning
not favoring
either side
6
th
Amendment
• You must be told of
charges
• You must be
provided a lawyer if
you cannot afford
one
• Know all Evidence
• Open to Public
7
th
Amendment
• Allows a jury trial in
Civil Cases when the
amount disputed is
more than $20.
8
th
Amendment
• No
excessive
bail
• No cruel and
unusual
punishment
Prisoner kissing his Mom in prison
9
th
Amendment
10
th
Amendment
Eleventh Amendment (1795)
Clarifies judicial power over foreign
nationals, and limits ability of citizens
to sue states in federal courts and
under federal law.
Twelfth Amendment (1804)
Changes the method of presidential
elections so that members of the
electoral college cast separate ballots
for president and vice president
Thirteenth Amendment (1865)
Abolishes slavery and grants Congress
power to enforce abolition.
Fourteenth Amendment (1868):
Defines United States citizenship; prohibits states
from abridging citizens' privileges or immunities
and right to due process and the equal protection of
the law; repeals the three-fifths compromise.
Fifteenth Amendment (1870)
Prohibits the federal government and the
states from using a citizen's race,
color, or previous status as a slave as a
qualification for voting.
Sixteenth Amendment (1913)
Authorizes unapportioned federal taxes
on income.
Seventeenth Amendment (1913)
Establishes direct election of senators.
Eighteenth Amendment (1919)
Prohibited the
manufacturing,
importing, and
exporting of
beverage alcohol.
Repealed by the
Twenty-First
Amendment.
Nineteenth Amendment (1920)
Prohibits the federal government and the
states from using a citizen's sex as a
qualification for voting
Twentieth Amendment (1933)
Changes details of Congressional and
presidential terms and of presidential
succession.
Twenty-first Amendment (1933)
Repeals Eighteenth Amendment but
permits states to retain prohibition
and ban the importation of alcohol.
Twenty-second Amendment (1951)
Limits president to two terms.
Twenty-third Amendment (1961)
Grants presidential electors to the
District of Columbia.
Twenty-fourth Amendment (1964)
Prohibits the
federal
government and
the states from
requiring the
payment of a tax
as a qualification
for voting for
Twenty-fifth Amendment (1967)
Changes details of presidential
succession, provides for temporary
removal of president, and provides for
replacement of the vice president.
Twenty-sixth Amendment (1971)
Prohibits the federal government and the
states from using an age greater than
18 as a qualification to vote.
Twenty-seventh Amendment (1992)
Limits congressional pay raises.
George Washington
Elected in 1789
Established the office of President (precedent)
Isolationism
Whiskey Tax
Whiskey Rebellion
Factions( political parties)
REVIEW
During an examination for
naturalization, an applicant must
A. prove that he or she can read, write, and
speak English acceptably.
B. show that he or she believes in the principles
of the U.S. Constitution.
C. prove that he or she knows something about
U.S. history and government.
The U.S. federal system of government
was established by
A. Magna Carta.
B. the Constitution.
C. the Articles of Confederation.
D. the English Bill of Rights
The statement "to secure the blessings
of liberty" is
A. listed in the Mayflower Compact.
B. one of the six goals of government
stated in the Preamble.
C. the opening statement of the
Declaration of Independence.
D. found in the Articles of Confederation.
One of the basic ideals of American
government is that
A. government should be based on the
consent of the governed.
B. majority rule can be overruled by
presidential veto.
C. the Constitution should be easily
amended.
D. the executive branch should be the
What would happen if a proposed
amendment were not ratified by
three fourths of the states?
A. It could be ratified by two thirds of
the states.
B. The president could ratify the
amendment.
C. Congress could ratify the amendment.
D. The amendment would not be added to
If the president vetoes a proposed law,
A. it can never become law.
B. Congress can override the veto with a
two-thirds vote of both houses.
C. the proposed law is sent to state
conventions for approval.
D. the Supreme Court has the power to
pass the law anyway.
If a Virginia law disagrees with a
federal law, the
A. Virginia law must give way to the
federal law.
B. Virginia law will have to be approved by
three fourths of the citizens in the
state.
C. Virginia law must be approved by the
governor of California.
The amendment process requires
the involvement of
A. Congress and the states.
B. Congress and the president.
C. the president and the Supreme Court.
D. the Supreme Court and the states
The system of checks and balances
was created to
A. to ensure that no branch of the federal
government becomes too powerful.
B. to ensure that the state governments do not
become too powerful.
C. to manage the national treasury.
D. to give more power to the individual citizen.
The First Amendment guarantees
A. freedom of speech.
B. the right to bear arms.
C. freedom from unreasonable searches
and seizures.
D. protection against self-incrimination.
All of the following are true of the
Articles of Confederation EXCEPT
A. it created a weak central government.
B. the national government had no power
to tax.
C. it gave no power to enforce laws.
D. the states had little power.
The federal government and the state
governments share all of the following
powers EXCEPT the power to
A. establish courts.
B. borrow money.
C. punish lawbreakers.
D. coin money.
Which of the following is NOT a power
of the legislative branch?
A. interpreting the meaning of a law
B. passing laws
C. overriding presidential vetoes
D. approving appointments of federal
court judges
The powers of both the national and
state governments are known as:
A. Reserved
B. expressed
C. Concurrent
D. Implied
Calling a special session of Congress is
an example of a check by the
Executive over the:
A. Legislative Branch.
B. Judicial Branch.
C. President.
D. Supreme Court.