Constitutional Principles:
Core Content:
SS-08-1.2.1
I can identify the three branches of government, describe their functions, analyze, and
give examples of the ways the U.S. Constitution separates power among the Legislative, Executive, and
Judicial branches to prevent the concentration of political power and to establish a system of checks and
balances.
Civics is the study of the rights and duties of citizens.
Citizens have certain rights and duties.
On the back of every American coin are the words “E pluribus unim” meaning “one of many.”
Constitution- A written plan for government.
The main purpose of the Constitution is to provide a framework for the U.S. government.
There are three parts:
1. Preamble-Introduction. (We the people…)
2. Seven Articles- The structure of the government
3. 27 Amendments- additions and changes to the Constitution
Bicameral- divided into two parts or house, such as Congress.
Three-Fifths Compromise- Delegates agreed that every five enslaved people would count as
three free people, meaning they would get three votes for every five people.
Federalism- Is a system where national, state, and local governments share power.
Foreign Policy- Is a government’s plan for dealing with other nations.
The Articles of Confederations- Was the first Constitution of the United States of America.
Weaknesses of the Articles of ConfederationLack of Power and Money
• Congress had no power to collect taxes.
• Congress had no power to regulate laws.
• Congress had no power to enforce its laws.
Lack of Central Power
• No single leader or group directed government policy.
• No national court system existed.
Rules Too Rigid
• Congress could not pass laws without the approvals of at least 9 states.
• The Articles could not be changed without the government of all 13 states.
55 men met in Philadelphia to discuss the problems of the Articles of Confederation.
2 opposing plans were created:
The Virginia Plan, by
James Madison:
Government with three
branches; the Legislative
branch got two houses.
Membership was based
on population, giving big
states all of the power.
The New Jersey Plan, by
William Patterson:
Three branches of
government- the
legislative gets one
branch. Each state is
granted with one vote,
giving little states
power.
The Great Compromise:
Congress had two houses
(Senate and the House of
Representatives). Senate
has two members from
each state. The House of
Representatives was
based on population per
state.
The Legislative Branch
Article I-
Congress- Made of two houses: The Senate and House of Representatives. There are 535 members in
Congress- 100 from the Senate and 435 from the House.
The annual salary for Congress members is $165,200.
Main Job- To Make the Laws
The House of
Representatives:
• Serve two year terms
• Focus on the concerns of their distict
• Must be 25 years old
• Must live in the state you represent
• Must be a U.S. citizen for seven years
• All tax bills start here
• Is based on Population. They keep up
with this by a Census, which is a count
of people within the states that occurs
every 10 years.
The Senate:
•Serve six year terms
•Focus on the entire state
•Must be 30 years old
•Live in the state you represent
•Must be a U.S. citizen for nine years
•Rejects and approve treaties and
presidential appointments
•The vice president of the United States can
only vote if theres a tie in the Senate.
•President Pro Tempore- person who acts as
a chairperson for the Senate
•There are 2 senates per state
Types of Committees:
Standing Committee- Continue their work from session to session
Joint-committee- Includes members from both
Conference Committee- Is temporary; helps the House and Senate agree on details of a proposed law
The Powers of CongressExpressed Powers- Specific (First 17 clauses in Article 1)
Implied Powers- “necessary powers” also called the “elastic clause” because it allowed Congress to
stretch its powers to meet new needs.
Impeach- accuse officials of misconduct in office.
*Only the House can bring charges against someone.
The Senate then acts as the jury and decides by a two-thirds vote whether to convict and remove the
person from office.
Pork-Barrel- Government projects and grants that primarily benefit the home state or district of a
congressman.
Filibuster- Senate has no time-limit (Brightside: delay a vote and give up, or withdrawal)
Veto- Refuse
Congress’ Limits to Power1. Congress cannot suspend the Writ of Habeas Corpus. This is a court order that requires police to
bring a prisoner to court to explain why they are holding the person.
2. Congress cannot pass bills of attainder, or laws that punish a jury trial.
3. Congress cannot post ex-post facto laws. These are laws that make an act a crime after the act
has been committed.
The Executive Branch
Article II-
To become President, you must:
Be 35 years old
A native-born American citizen
A resident of the United States for at least 14 years
The President is elected indirectly by the Electoral College.
The names of presidential candidates are on the ballot but you are actually voting for a
list of electors who are pledged to that candidate.
Each state has as many electoral votes as the total of its U.S. senators and
representatives.
The Electoral College had 538 electors (100 Senators, 435 Representatives, and 3
electoral votes for Washington D.C.)
It is a winner-take-all system:
Whoever gets the most popular vote gets the state’s electoral votes.
A candidate must win 270 electoral votes to become president (majority).
The Electoral College was created by the Founding Fathers to keep the common people
from making a disastrous mistake in electing the President.
A president can serve two 4-year terms or a maximum of 10 years if the presidency began during
another president’s term.
The President’s Jobs:
The President’s main job is to execute, of carry out the laws passed by Congress.
Veto bills
Serve as Commander in Chief
Calls Congress into special session
Receive leaders and other officials of foreign countries
Make treaties with other countries
Appoint federal judges and ambassadors
Pardon or reduce the penalties against people convicted or federal judges.
The Judicial Branch
Article III-
1. U.S. District Courts-Federal courts where trials are held and lawsuits begin
-Only Federal court in which witnisses testify amd juries
hear cases and reach verdicts
2. U.S. Court of Appeals-Reviews decisions made by lower courts
3. U.S. Supreme Court-Reviews decions made by lower courts.
“Equal justice under law”= “Justice is Blind”
The goal of the Justice System is to treat everyone equal.
The Judicial Branch’s Jobs:
Interpret Laws
Can Declare acts of legislature unconstitutional
Checks and BalancesAlso known as: The Separation of Powers
Legislative Branch
Article 1
Can override a
presidential veto
Can impeach a
president or judge
Confirms all
appointments to the
Supreme Court
The president of the
Senate can break a
tie vote
Approves all treaties
Confirms all cabinet
appointments
Can pass legislation
that governs the
jurisdiction of the
courts
Controls the budget
for the Executive
Branch
Executive Branch
Article 2
Can appoint
Supreme Court
justices
Can veto legislation
Includes 15
executive
departments, whose
department heads
are approved by the
Senate
Judicial Branch
Article 3
Can declare
legislation
unconstitutional
Can declare acts of
the Executive
unconstitutional
The President
appoints members
of this branch
Civil Liberties- The freedoms we have to think and act without government interference or fear of unfair
treatment, are protects by the Bill of Rights.
The Bill of Rights, or the first ten amendments of the Constitution, is:
Amendment IFreedom of Speech
Freedom of Religion
Freedom of Press
Right to Petition
Right to Assemble
Amendment 2Right to bear arms
Amendment 3No housing of troops during peacetime
Amendment 4Protects from unreasonable searches and seizures
Amendment 5Protects the rights of people accused of crimes
Indictment- A formal charge by a group of a grand jury, which decides if enough evidence is
present to take to trial
Protects from double jeopardy (you cannot be put on trial for the same crime.)
“I plead the fifth”- cannot be forced to give evidence against yourself
Eminent Domain- the government can take your land if it’s for the good of many
Amendment 6Rights of the Accused or the Miranda Rights
o Must told the exact charges
o Guarantee a trial by jury
o Trial must be speedy and public
o Jurors must be impartial
o If you cannot afford a lawyer, the government must provide one
Amendment 7Civil Cases- Law suits that involve disagreements between people rather than crimes
Amendment 8Protects us from “excessive” bail and “cruel and unusual punishment”
Amendment 9Says that citizens have rights not listed in the Constitution
Amendment 10Powers not given to the national government are reserved to the states and the people.
Prevents Congress and the President from getting too powerful.
Other important Amendments:
Amendment 13Officially Outlawed slavery and freed thousands of African Americans
Amendment 14Enacted in 1868- defined a U.S. citizen as anyone “born or naturalized in the U.S.”
“Equal protection under laws”
Amendment 15No state can take away a person’s voting rights on the basis of race, color, or previous
enslavement.
o Suffrage: the right to vote
Amendment 19Protects the right of women to vote in all national and state elections
Unit Review:
Chapter 6- Page 162
What is the power to kill a bill, if Congress is not in session, by not signing it for 10 days?
Answer: Pocket Veto
What is the part of the Constitution that gives Congress the authority to do whatever is
necessary and proper to carry out its expressed powers?
Answer:
What is the name given to people from a legislative district?
Answer: Constituents
A person who tries to persuade government officials to support a particular group or position is
called…
Answer: A Special Interest Group
Chapter 8- Page 186
What is a rule issued by the President that has the force of law?
Answer: An Executive Order
What is a pardon toward a group of people?
Answer: An Amnesty
What is a government’s plan for dealing with other nations called?
Answer: Foreign Policy
What is an agreement prohibiting trade?
Answer: An Executive Agreement
Chapter 8- Page 212
What is an earlier model upon which judges may base decisions?
Answer: Stare Decisis
What is the power of the Supreme Court to say whether any federal, state, or local law is
unconstitutional called?
Answer: Judicial Review
A court’s authority to see and hear cases is called what?
Answer: Jurisdiction
What written document does a lawyer prepare when arguing before the Supreme Court?
Answer: A Brief