Civics Unit 1.1 Name___________________________ Date___________________ Per._____ FOUNDATIONS OF AMERICAN GOV’T DECLARING OUR INDEPENDENCE On _________________, the United States of America declared their independence from __________________ (or Britain). The Declaration of Independence stated America’s reasons for wanting to break away from England. _______________________________________ wrote the Declaration of Independence. GOVERNMENT SYSTEMS MAJOR TYPES OF GOVERNMENT ___________________ – One person controls power In a ________________________ of government all key powers are given to the national (or central) government. ___________________ – Small group controls power In a ________________________ of government the power is divided between the national government and state governments. ___________________ – Rule is by the people ________________________ - People govern themselves by voting individually as citizens. ________________________ - The people elect their representatives. CHARACTERISTICS OF DEMOCRACY Four characteristics of a true democratic government: 1) __________________________________________ – all people are guaranteed the same freedoms and rights at all times 2) __________________________________________ – majority does rule, but the minority has the right to ask for changes 3) __________________________________________ – everyone’s vote carries the same weight; “one person, one vote” 4) __________________________________________ – group of individuals with common interests who organize to nominate candidates for office, win elections, conduct government, and determine public policy FIRST ATTEMPT AT DEMOCRACY - THE ARTICLES OF CONFEDERATION The States wanted a confederation, or “___________________________________________________,” among the 13 independent states rather than as strong national government. In ___________, all 13 states ratified the Articles of Confederation. Weaknesses of the Articles 1) Congress did not have power to tax 2) Laws needed approval of 9 of the 13 states 3) No executive branch 4) Congress could not regulate trade 5) Amending required the consent of all states 6) No national court system 1 Civics Unit 1.2 Name___________________________ Date_________________ Per._______ THE CONSTITUTION DECISIONS AND COMPROMISE Virginia Plan = Create a congress with __________________________________________________ of the state. New Jersey Plan = Create a congress with ________________________________________________ (regardless of size, population, or money). Connecticut (Great) Compromise = Create a _______________________________________________. Upper house – Senate – representation equal for all states Lower house – House of Representatives – representation based on population of the state. _____________________________________ = counted slaves as 3/5 of a person Good for the South – they had more representation in Congress Good for the North – South had to pay more money in taxes to the federal government RATIFYING THE CONSTITUTION The ______________________________________ favored the Constitution. The ______________________________________ opposed the new Constitution. There was no Bill of Rights. The Federalist were a collection of essays in support of the Constitution. Who wrote them? In __________ George Washington became president (and the Constitution came into effect). STRUCTURE OF THE CONSTITUTION The _______________________________ is the “___________________________________ of the land.” 1) __________________________________ states why the Constitution was written. 2) The Constitution contains ____________________________________. Each article covers a general topic. Article I – Legislative Branch Article V – The Amendment Process Article II – Executive Branch Article VI – National Supremacy Article III – Judicial Branch Article VII – Ratifying the Constitution Article IV – Relations Among the States 3) The Constitution consists of ________________________ or changes. It has been formally amended ____ times. THE BILL OF RIGHTS In _________ the Bill of Rights was added to the Constitution. The Bill of Rights ______________________ the powers of the national government. The Bill of Rights originally applied _____________________________________________________. 2 Civics Unit 1.3 Name___________________________ Date_________________ Per._______ SIX MAJOR PRINCIPLES OF GOVERNMENT 1. POPULAR SOVEREIGNTY The power to rule belongs to the people. People of the nation are the sources of government power. The government can govern only with the consent of the governed. In other words - ____________________________________________________ 2. LIMITED GOVERNMENT Government is not all powerful; it can do only those things that the people have given it the power to do. Government must obey the law. This is referred to as “rule of law” or “constitutionalism.” The government and government officials are subject to the law, never “above the law.” In other words - ____________________________________________________ 3. SEPARATION OF POWERS The Constitution distributes the powers of the central government among the three branches—legislative, executive, judicial. Each branch has its own responsibilities. Each branch addresses different tasks of the whole society . . . separation of powers is meant to increase the efficiency of government. In other words - ____________________________________________________ 4. CHECKS AND BALANCES Each branch of the government would have some control over the other branches. The principle of checks and balances would prevent any one branch from ignoring or overriding the decisions of the other branches. In other words - ____________________________________________________ 5. JUDICIAL REVIEW This is the power of the Supreme Court to declare an act of Congress to be unconstitutional. Nowhere in the Constitution is this power stated. However, the interpretation of the Supremacy Clause by Chief Justice Marshall in the case of Marbury v. Madison (1803) set a precedent for the Court to act as the guardian of the Constitution. In other words - ____________________________________________________ 6. FEDERALISM The Constitution divided the powers of government between the central or national government and the state or regional governments. Neither kind of government was given all the powers. They are independent of each other in terms of certain powers; however, they must cooperate on certain shared or concurrent powers. In other words - ____________________________________________________ 3 Civics Unit 1.4 Name___________________________ Date__________________ Per.______ CHECKS AND BALANCES OF THE THREE BRANCHES LEGISLATIVE BRANCH LEGISLATIVE OVER EXECUTIVE -Congress over President- LEGISLATIVE OVER JUDICIAL -Congress over Supreme Court- 1. 1. 2. 3. 2. 4. 3. 5. EXECUTIVE BRANCH EXECUTIVE OVER LEGISLATIVE -President over Congress- EXECUTIVE OVER JUDICIAL -President over Supreme Court- 1. 1. 2. 2. 3. 3. JUDICIAL BRANCH JUDICIAL OVER LEGISLATIVE -Supreme Court over Congress- JUDICIAL OVER EXECUTIVE -Supreme Court over President- 1. 1. 2. 2. Listed below are some of the checks and balances of the three branches of government. In the spaces provided write: E if it is a power possessed by the executive branch, L if it is power possessed by the legislative branch, J if it is a power possessed by the judicial branch. 1. 2. ___ ___ 3. 4. ___ ___ 5. 6. 7. ___ ___ ___ Can veto acts of Congress. Can impeach and remove the President and Vice-President. Can declare executive acts unconstitutional. Can propose amendments to overturn Court decisions. Appoints federal judges. Can override a Presidential veto. Appointed for life, so as to be free from executive and legislative control. 4 8. ___ 9. 10. ___ ___ 11. 12. 13. 14. ___ ___ ___ ___ Can refuse to confirm Presidential appointments. Can suggest laws or policies. Can declare acts of Congress unconstitutional. Can refuse to ratify treaties. Can pardon federal offenders. Can impeach and remove federal judges. Can declare war. Civics Unit 1.5 Name___________________________ Date___________________ Per._____ FORMAL AMENDMENTS VS. INFORMAL AMENDMENTS FORMAL AMENDMENT – change or addition that becomes part of the ___________________________ of the Constitution itself. There are ____ formal amendments. All formal amendments have been _____________________ and _____________________. BILL OF RIGHTS (1791) - FIRST TEN AMENDMENTS TO THE CONSTITUTION The Bill of Rights was created to prevent the national government from becoming too strong. It originally applied only to the national government. 1 2 3 4 5 6 7 8 9 10 Freedom of speech, religion, press, assembly, petition Right to bear arms (own a gun) would not be infringed (violated) No soldier in time of peace shall be quartered in a private citizen’s home without the homeowner’s consent People and their personal property cannot be searched without a warrant, issued by a judge Due process; No double jeopardy; No self-incrimination; Eminent domain Guarantee of a speedy trial; Guarantee of a public trial; The right to confront witnesses; The right to have legal counsel (an attorney); Impartial jury of your peers In a civil suit (lawsuit between two persons or groups), the defendant has the right to a trial by jury if the amount in question is over twenty dollars No excessive bail; No cruel and unusual punishment shall be used against a convicted criminal Powers that are not specifically granted to the national government are to be retained by the people Powers that are not specifically granted to the national government are to be retained by the states INFORMAL AMENDMENT – changes that _____________________________ in the _____________ of the Constitution itself, but ____________________________ of the Constitution. There are four ways to informally amend the Constitution: 1. ______________________________ – Congress has passed laws that have enlarged or clarified many of the Constitution’s provisions. 2. ______________________________ – Presidents have used their power to “add” to the Constitution. One example is an executive agreement (an agreement made directly between the president and the head of state of another country). 3. ______________________________ – As federal courts settle cases involving constitutional questions, they interpret the meaning of the Constitution’s sometimes vague words and phrases. 4. ______________________________ – The Constitution has been informally enlarged through customs that have developed over time. Political parties are a good example. The Constitution does not mention political parties. 5 Civics Unit 1.6 Name___________________________ Date________________ Per.________ POWERS OF THE GOVERNMENT NATIONAL POWERS 1. ____________________________ are those powers directly expressed or stated in the Constitution. Examples: tax, regulate INTERSTATE commerce (trade), coin money, make war, eminent domain 2. __________________________ are the powers that the national government requires to carry out the powers that are expressly defined in the Constitution. They are not directly stated in the Constitution. Examples: The power to setup an IRS The basis for the implied powers is the necessary and proper clause. It is called the elastic clause because it allows congress to stretch its powers. All implied powers must come from an expressed power. 3. ______________________________ are powers that the national government may exercise simply because it is a government. Examples: regulate immigration, acquire territory STATE POWERS ________________________________ are powers that are reserved strictly to the states. States have authority over matters not found in the constitution, such as the regulation of public school systems. Examples: 1) __________________ 2) _____________________ 3) ___________________ NATIONAL AND STATE POWERS _________________________ are those powers that both the national government and the states have. Examples: tax, courts, eminent domain List which type of power is associated with each of the statements below. Some statements have more than one answer. Use pages 95-97 in your book to help you. 1. ___________________ Power to draft Americans into the military 2. ___________________ Power to make war 3. ___________________ Power to establish courts 4. ___________________ Power to coin money 5. ___________________ Power to limit the number of immigrants to the U.S. 6. ___________________ Power to build an interstate highway system 7. ___________________ Power to regulate a public school system 8. ___________________ Power to regulate INTERSTATE commerce 9. ___________________ Power of eminent domain 10. ___________________Power to make and enforce laws 6 Civics Unit 1.7 Name___________________________ Date_________________ Per._______ FEDERAL GOVERNMENT AND STATE GOVERNMENT UNITED STATES GOVERNMENT – NATIONAL (FEDERAL) LEVEL Location Executive Branch _____________________ _________________ Legislative Branch Judicial Branch _____________________ __________________ __________________ _________________ _________________ CALIFORNIA GOVERNMENT – STATE LEVEL Location Executive Branch _____________________ ________________ Legislative Branch Judicial Branch _____________________ __________________ __________________ ________________ ________________ RESERVED POWERS OF THE STATE RECALL – REFERENDUM – INITIATIVE – THESE THREE CAN ONLY BE DONE AT THE STATE LEVEL (RESERVED POWERS). 7
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