Name_____________________ Constitution Notes The Constitution was created using Seven Principles First Principle of the Constitution: Popular Sovereignty This tells the government the source of its power. (The voters) This is clearly stated in the first words of the Preamble: “We the people of the United States…” Definition: a government in which the people rule; a system in which the residents vote to decide an issue. Second Principle of the Constitution: Republicanism Is the belief that the people exercise their power by voting for their political representatives to work for what the voters want. The United States is not a Democracy. It is a Republic! Found in Article 4 Section 4; calls for every state to have a “republican form of government.” Third Principle of the Constitution: Federalism This is the idea that the State & National Governments have to share power. The states keep certain powers, then give the national government others and they share some powers or duties. Article 4 talks about the powers reserved for the states. It also lists the powers given to the national government. Fourth Principle of the Constitution: Separation of Powers Because the Framers of the Constitution did not want all the power given to a small group of people, they spread out the powers between three branches of government. The Constitution clearly says which branch has what power in Articles 1(Legislative), 2 (Executive) & 3 (Judicial). Fifth Principle of the Constitution: Checks and Balances To keep any one branch from becoming to powerful, the Framers of the Constitution set up a system where each of the Branches of Government would have to work together & could block another branch from becoming to powerful. Checks & Balances was first thought of by Barron de Montesquieu of 18th Century France. Listed in Articles 1, 2 & 3 Sixth Principle of the Constitution: Limited Government Requires all U.S. citizens to follow the law. In American Government, everyone is under the law. All citizens, elected officials and the government must follow the law unlike a king. Article 1 Sections 9 & 10 states that the States and National Governments must follow the laws. Seventh Principle of the Constitution: Individual Rights The guarantees that citizens have rights that protect them from the government picking on them. These rights are listed in the Bill of Rights. The Constitution has Four Parts First Part of the Constitution: The Preamble It states the purpose of the Constitution by telling what the Framers of the Constitution intended to do in writing the Constitution. Goals of the Preamble PREAMBLE EXPLANATION EXAMPLE “ Form a More Prefect Union” Create a nation in which states work together. • • US Postal System US coins, Paper Money “Establish Justice” Make laws & set up courts that are fair • • Court System Jury System “Insure Domestic Tranquility” Keep peace within the country • • National Guard Federal Marshals “Provide for the Common Defense” Safeguard the country against attack • • Army Navy “Promote the General Welfare” Contribute to the happiness and well being of all the people • • Birth Certificates Marriage License “Secure the Blessings of Liberty to Ourselves and Our Posterity” Make sure future citizens remain free • Commission on Civil Rights National Council on Disability • Second Part of the Constitution: Seven Articles Article One • Creates the Legislative Branch & divides it into 2 houses (House and Senate) • Sets up how each house is to be elected & qualifications. • Explains the Legislative Branch’s powers (checks) over the other branches • Explains how a Bill becomes a law • Describes the powers given only to the Legislative Branch (Trade, Declare War) Article Two Creates the Executive Branch Sets up & describes the Electoral College Sets up the qualifications to be President. Explains who takes over if the President can’t finish the term of office. Clearly explains the duties of the President (what they can and can’t do) Explains how the President can be removed from office (impeachment) Article Three Creates the Judicial Branch Creates all of the federal courts (Supreme, District and Circuit) Explains the Supreme Courts Authority & Jurisdiction (Original & Appellate) Describes trial by jury Defines Treason and states it’s punishment Article Four • Describes the relationships between the states • Sets up “Full Faith and Credit” between the states. (it means that each state much respect licensing or court ruling from other states) • Explains how to admit new states into the country. Article Five Explains how to amend the Constitution Proposed by Congress (2/3 majority) or by 2/3 of the States Legislatures. It then approved (Ratified) by ¾ of either Both Houses of Congress or ¾ of State Legislatures. Article Six • Explains that the Constitution is the supreme law of the land. Meaning that when it comes down between national and state laws, the national law wins out. Article Seven • Explains that the Constitution must be ratified (approved) by nine of the thirteen states to take effect Third Part of the Constitution: The Bill of Rights Amendments 1-10 Explains the rights of citizens and states It was understood that they would be added at the Constitutional Convention All ten were added at the same time Fourth Part of the Constitution: Amendments • Amendments 11-27 • These are changes to the Constitution Name ______________ (who has what power) Federalism: The Sharing of Power National Powers State Powers Regulate Interstate & Foreign Trade Regulate Trade Within the state Raise And Support A Military Shared Powers Declare War & Peace Collect Taxes Coin And Print Money Borrow Money Grant Patents & Copyrights Make & Enforce Laws Establish Federal Courts Establish Maintain courts Admit New States Set Standards Of Weights & Measurements Charter banks Establish A Postal System Regulate Immigration Provide for Public Welfare Write Business laws Establish and maintain Public Schools Set local Governments Pass marriage and divorce laws Conduct elections Ratify Constitutional amendments Congress Notes 1. Congress is the _______________ branch of Government Legislative 2. The U.S. Congress is ____cameral Bicameral 3. Congress meets is the _______________ building Capital 4. In the House of Representatives, Representation is… Based on Population 5. In the House of Representatives, there are _____ Representatives 435 6. In the House of Representatives, Missouri has _____ Representatives 9 (8 after January 3rd) 7. In the House of Representatives, elected for _____ years 2 8. In the House of Representatives, they are elected every _____ years Even 9. In the House of Representatives, the leader is called… Speaker of the House 10. Her name is… John Boener 11. She is the ______ woman to be Speaker 1st 12. In the House of Representatives, Representatives must be _____ years old 25 13. In the House of Representatives, Representatives must be citizen of that state for_____ years. 7 14. In the House of Representatives, the Representative from Affton, South City and South County is… Russ Carnahan (until January 3rd) 15. In the Senate, Representation is… Equal 16. In the Senate, there are _____ Senators 100 17. In the Senate, each state has _____ Senators 2 18. In the Senate, elected for _____ years 6 19. In the Senate, they are elected every _____ year Even (In groups of 33, 33, 34. That is why the Senate is considered a continuous Body) 20. In the Senate, the majority leader name is… Harry Reid 21. In the Senate, the president of the Senate is… The Vice President of the United States: Joe Biden 22. In the Senate, Senators must be _____ years old 30 23. In the Senate, Senators must be citizen of that state for_____ years. 9 24. Missouri’s Senators are… Claire McCaskill & Roy Blunt Gerrymandering: This deliberate drawing of district lines to favor the political party that is in power. Franking privilege: the franking privilege is meant to help legislators keep in touch with the people they represent. Congressional immunity: or freedom from arrest. Senators and Representatives cannot be placed under arrest while conducting legislative duties. Censure: The house may vote to censure, or express disapproval of the member. In extreme cases, the house may vote to expel the member, or force the member from office. Expressed Powers: Expressed powers are those powers that are written or listed in the Constitution. Most of the expressed powers given to Congress are in section 8 of Article 1 Implied Powers: in addition to expressed powers, the Constitution allows Congress to exercise implied powers. These powers are based on the last clause of Article 1, Section 8, sometimes called the Necessary and Proper Clause Powers of Congress Legislative Power to tax Power to borrow money Power to decide how money will be spent Power to coin money and to regulate its value Power to regulate trade with foreign nations among the states Power to set up uniform standards of weights and measures Power to establish post offices Power to establish and maintain highways Power to enact naturalization laws and to regulate immigration Power to govern the nation’s territories Power to set up rules about the admission of new states to the country Power to declare war Power to raise and maintain military services Power to set up federal courts Power to decide punishment for federal crimes Power to secure patients and copyrights for inventors and authors Power to make laws that are necessary and proper, or convenient and useful, to carrying out one of its expressed powers Nonlegislative Power to regulate elections and to judge the qualifications of elected members Power to conduct investigations Power to propose amendments and to call conventions to propose amendments at the request of the states Power to elect a President (House) and Vice-President (Senate) if no candidate wins a majority of votes in the Electoral College Power to bring impeachment charges (House) Power to try impeachment cases (Senate) Power to give advice and consent Power to admit new states and territories Power to administer federal lands Standing Committees of Congress Senate Agriculture, Nutrition, and Forestry Appropriations Armed Services Banking, Housing, and Urban Affairs Budget Commerce, Science, and Transportation Energy and Natural Resources Environment and Public Works Finance Foreign Relations Governmental Affairs Judiciary Labor and Human Resources Rules and Administration Small Business Veterans’ Affairs House Agriculture Appropriations Armed Services Banking, Finance, and Urban Affairs Budget District of Columbia Education and Labor Energy and Commerce Foreign Affairs Government Operations House Administration Interior and Insular Affairs Judiciary Merchant Marine and Fisheries Post Office and Civil Service Public Works and Transportation Rules Science, Space, and Technology Small Business Standards of Official Conduct Veterans’ Affairs Ways and Means President and Vice President Notes 1. The President and Vice President are in the _____________ Branch Executive 2. The President must be _______ years old. 35 3. He must be born a Citizen 4. The President can be elected twice 5. He will serve ____ years each term (time). 4 6. The President may serve up to ___ years. 10 7. The President is elected by the Electoral College 8. The Electoral College is a winner takes all process that goes state to state with each having a certain amount of votes. The way the states get their Electoral number of votes is: take the number of ______________ a state has plus two, for the number of _________ each state gets. Representatives + Senators 9. There are ___ total Electoral votes. To win a person must get ___ Electoral votes. 538, 270 10. It is possible to get fewer votes from the voters and still win in Electoral votes. That has happened four times. The last time was 2000 11. To get rid of the President, Congress can _______ him. That means that they accuse him of something. Then he would be put on trial in the Senate. If 67 of the Senators vote that he is guilty then he would be kicked out. impeach 12. Who are two Presidents that have been impeached? Andrew Johnson & Bill Clinton 13. The President and Vice President _____ _________. They can not be from the same state. They used to let the person with the second highest amount of votes become the Vice President. That means that right now the President and Vice President would be _____ and _______ Run together, Bush & Kerry 14. The President is the _________ in _______of the Military. This means he is in charge of the Army, Navy, Air Force & Marines Commander in Chief 15. There has been one President who was elected four times. That was Franklin D. Roosevelt 16. There have been ___ Presidents assassinated. 4 17. There has been one President from the state of Missouri: Harry S. Truman 18. _______________ was the first president to resign. Richard M. Nixon 19. ________________ was the first un-elected President Gerald R. Ford 20. ________________ is the 44th President? Barack Obama He is the 1st ________________________________ president. African American Supreme Court Judicial Branch Notes 1. The Supreme Court is in the Judicial Branch of Government. 2. There are 9 members on the Supreme Court. 3. The Leader of the Supreme Court is called the Chief Justice 4. The Chief Justice’s name is John Roberts. He is the 17th Chief Justice. 5. He was appointed by President George W. Bush. 6. The 1st African American Man on the Supreme Court was: Thurgood Marshall 7. The 1st Woman on the Supreme Court was Sandra Day O”Conner. 8. Who is the 1st Latino person to serve on the Supreme Court? Justice Sonja Sotomayer 9. Judges on the Supreme Court serve for Life. 10. A Judge on the Supreme Court must be 35 years old. 11. What kind of jurisdiction does the Supreme Court Have? Original & Appellate 12. List the current members of the Supreme Court Chief Justice John G. Roberts, Jr., Antonin Scalia, Anthony Kennedy, Clarence Thomas, Ruth Bader-Ginsburg, Stephen Breyer, Samuel Alito, Sonia Sotomayor & Elena Kagan • Dred Scott v Sanford – • Plessy v Ferguson – • States cannot ban abortions Marbury v Madison – • Schools cannot require students to say prayers in school Roe v Wade – • Separate but equal (for blacks and whites) 1896 Engel v Vitale – – • 1857 decision that, that whether slave or free, “Negroes” had no right to bring a lawsuit supreme court can overrule a law of congress Miranda v Arizona – when being arrested you must be read your rights before questioning or statements cannot be used as evidence • US v Nixon – • Executive privilege has limits Board of Education v Pico – a school board cannot ban books from a library just because someone does not agree with the ideas. • Brown v Board of Education – • Regents of U Cal v Bakkee – • School segregation is unconstitutional affirmative action Texas v Johnson – the government cannot stop a person from a dissenting view or action because it finds it offensive We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America 13 7 10 10 10 2
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