Civics Unit 1.1 Name__________________________ Date________________ Per._______ HOW DO YOU RATE! Rate your understanding of the following terms relating to the United States government and founding of the Constitution. 1 = I have never heard this term before 2 = I’ve seen or heard of this term before, but I am not sure what it means 3 = I know this term and I think I know what it means 4 = I know this term and can explain it to others A) _____ amendment I) _____ democracy Q) _____ limited government B) _____ Anti-Federalists J) _____ dictatorship R) _____ majority rule C) _____ Articles of Confederation K) _____ expressed powers S) _____ popular sovereignty D) _____ Bill of Rights L) _____ Federalism T) _____ ratification E) _____ checks and balances M) _____ Federalists U) _____ reserved powers F) _____ Commerce & Slave Trade Compromise N) _____ government V) _____ separation of powers G) _____ concurrent powers O) _____ implied powers W) _____ Three-Fifths Compromise H) _____ Connecticut Compromise P) _____ judicial review X) _____ unconstitutional Amendments to know: #1-#10 (Bill of Rights) Supreme Court cases to know: Marbury v. Madison D.C. v. Heller Tinker v. Des Moines Texas v. Johnson Civics Unit 1.2 Name_________________________ Date________________ Per.______ DECLARATION OF INDEPENDENCE Watch it! – What you might not know about the Declaration of Independence (Ted-Ed) (3:38) Answer the following questions using the Declaration of Independence and other resources. 1. Who was the primary writer of the Declaration of Independence? 2. When was the Declaration of Independence adopted? (month/day/year) 3. Which country were the colonies declaring their independence from? 4. What was the purpose of the Declaration of Independence? (Paragraph 1) 5. Identify the three natural or unalienable rights of individuals (written in the 1776 context as men) as stated in the Declaration of Independence? (Paragraph 2) a. b. c. 6. According to the Declaration of Independence, from whom do governments get their power? (Paragraph 3) 7. According to the Declaration of Independence, what should people do when the government abuses its power? (Paragraph 3) 8. List 10 of the grievances by colonist that are identified in the Declaration of Independence. (Hint: There are a lot of them) a. f. b. g. c. h. d. i. e. j. 9. The Representatives wanted the colonies to be ________________________________ States, absolved from _________________________________________, and that all political connection between then and the State of Great Britain ______________________________________________________. (Last paragraph) 10. As a show of support to the Declaration, what did the signers pledge to each other? (Last paragraph) Civics Unit 1.3 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 Constitution is the “___________________________________ of the land.” PREAMBLE The Preamble states _______ the Constitution was written. “We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, 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.” ARTICLES AMENDMENTS The Constitution contains ____ articles. Amendment = Change or addition Each article covers a general topic. The Constitution has been formally amended ____ times. Article Article Article Article Article Article Article I II III IV V VI VII – – – – – – – Legislative Branch Executive Branch Judicial Branch Relations Among the States The Amendment Process National Supremacy Ratifying the Constitution ******** Article VI – National Supremacy Article VII – the Constitu The first ten amendments toRatifying the Constitution are known as the Bill of Rights. They were added in ______. The Bill of Rights was created to prevent the national government from becoming too strong. The Bill of Rights originally applied only to the national government. Civics Unit 1.4 Name___________________________ Date___________________ Per._____ BILL OF RIGHTS The Constitution of the United States was written during the summer of 1787. That September it was sent to the states for ratification. Nine of the thirteen states would have to ratify it for the Constitution to become effective for those ratifying states. A debate began among the states over ratification. Those who argued that the Constitution should be approved were called Federalists; those who argued against it were called AntiFederalists. that Congress had no authority to change the wording of the Constitution itself. Therefore, Madison’s changes were presented as a list of amendments that would follow Article VII. One of the many points of contention between these two groups was the Constitution’s lack of a bill of rights. A bill of rights would place specific limits on government power. Federalists argued that the Constitution did not need a bill of rights, because the people and the states kept any powers not given to the federal government. Anti-Federalists held that a bill of rights was necessary to safeguard individual liberty. The Bill of Rights is a list of limits on the federal government’s power. For example, what the Founders saw as the natural right of individuals to speak and worship freely was protected by the First Amendment’s prohibitions on Congress from making laws establishing a religion or abridging freedom of speech. For another example, the natural right to be free from unreasonable government intrusion in one’s home was safeguarded by the Fourth Amendment’s warrant requirements. Many of the state conventions ratified the Constitution, but called for amendments specifically protecting individual rights from abridgement by the federal government. The debate raged for months. By June of 1788, nine states had ratified the Constitution, ensuring it would go into effect for those nine states. However, key states including Virginia and New York had not ratified. James Madison, the principal author of the Constitution, knew that grave doubts would be cast on the Constitution if those states (the home states of several of its chief architects, including Madison himself) did not adopt it. During the ratification debate in Virginia, James Madison promised that a bill of rights would be added after ratification. His promise reassured the convention and the Constitution was approved in that state by the narrowest margin. New York soon followed, but submitted proposed amendments. Two states, Rhode Island and North Carolina, refused to ratify without a bill of rights. Though the Federalists enjoyed a majority in Congress, it was clear that the people wanted a bill of rights. A year later in June of 1789, James Madison proposed a series of amendments to be debated in the first Congress. Madison, then a member of the US House of Representatives, went through the Constitution itself, making changes where he thought most appropriate. But several Representatives objected The House approved seventeen amendments. Of these seventeen, the Senate approved twelve. Those twelve were sent to the states for approval in August of 1789. Of those twelve, ten were quickly approved (or, ratified). The Ninth Amendment protects all natural rights that are not listed in the Bill of Rights. Since it was impossible to list every right, the Ninth Amendment makes it clear that individual’s rights are not confined to those in the first eight amendments. The Tenth Amendment reinforces the limited nature of the federal government, spelling out the fact that the powers not given to the federal government are kept by the states and the people (except for those powers the Constitution explicitly says states do not have). The amendments in the Bill of Rights do not “give” anyone anything. On the other hand, Bill of Rights protections do stop the government from doing certain things. This kind of limited government is the essence of liberty: the freedom to act without unauthorized restraint. Citizens have the right to pursue happiness, but as Benjamin Franklin is believed to have said, they have to “catch” it themselves. The amendments appear in a certain order because of Madison’s original changes to the Constitution. The rights in the First Amendment—Congress has no power to infringe on free religion, speech, press, assembly, and petition—were originally written by Madison as changes to Article I of the Constitution. The First Amendment was originally the third amendment, but the first two amendments were not ratified by the states in the 18th century, and so it became the First. 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 Civics Unit 1.5 Name___________________________ Date_________________ Per._______ SIX MAJOR PRINCIPLES OF GOVERNMENT A. 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. Each of the following phrases describes one of the six principles of government. Next to each statement, state which principle it is related to by using the letters to the left. 1. ____ The people are the source of all government authority. 2. ____ President is responsible for the executing, enforcing, and administering the law. 3. ____ Congress must have a two-thirds vote in each house to override a presidential veto. 4. ____ This practice allows courts to rule a law as unconstitutional. 5. ____ “Congress shall make no law” denying individual freedoms of the 1st Amendment. 6. ____ Only Congress has the power to declare war. 7. ____ Presidential appointees are subject to approval by the Senate. 8. ____ Every 2 years we vote for representatives to the House of Representatives. 9. ____ In California, people pay both a State and Federal income tax. B. 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.” C. 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. D. 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. E. 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. F. FEDERALISM The Constitution divided the powers of gov’t between the central or national gov’t 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. 10. ____ Government may exercise only those powers delegated to it. 11. ____ The Supreme Court has voided more than 1300 state laws as unconstitutional. 12. ____ Powers not specifically given to the federal government by the Constitution are retained by the States. Civics Unit 1.6 Name___________________________ Date___________________ Per._____ CHECKS AND BALANCES OF THE THREE BRANCHES LEGISLATIVE BRANCH – MAKES THE LAW LEGISLATIVE OVER EXECUTIVE -Congress over President1. LEGISLATIVE OVER JUDICIAL -Congress over Supreme Court1. 2. 3. 2. 4. 3. 5. EXECUTIVE BRANCH – ENFORCES THE LAW EXECUTIVE OVER LEGISLATIVE -President over Congress- EXECUTIVE OVER JUDICIAL -President over Supreme Court- 1. 1. 2. 2. 3. 3. JUDICIAL BRANCH – INTERPRETS THE LAW 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 VicePresident. 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. 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 1.7 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. AMENDING THE PROPOSED by Congress by a 2/3 vote in each house CONSTITUTION PROPOSED at a national convention called by Congress at request of 2/3 of the State legislatures RATIFIED by 3/4 of the State legislatures OR RATIFIED by conventions in 3/4 of the States RATIFIED by 3/4 of the State legislatures OR RATIFIED by conventions in 3/4 of the States All formal amendments have been _____________________ and _____________________. INFORMAL AMENDMENT – changes that _______________________________ in the ___________ of the Constitution itself, but _______________________________ of the Constitution. 1. CONGRESS POWER: CHANGES THROUGH LAW - Congress has passed laws that have enlarged or clarified many of the Constitution’s provisions. 3. Congress has also assumed the role of determining the intent of the framers by passing thousands of statutes. In doing so, Congress is interpreting the fundamental laws of the Constitution. The role of the courts, especially the U.S. Supreme Court, has been pivotal in the interpretation of the Constitution. As the Court hears cases, it applies its interpretation of the Constitution. Its decisions on cases become “case law,” which sets precedents for future cases. As times and conditions change, so too does the Court’s interpretation of the Constitution. Congress has interpreted the Commerce Clause very loosely in the passage of many bills. For instance, it has passed bills relating to speed limits on interstate highways, either establishing a national maximum speed or giving that authority back to the states, as it was at the start of the Interstate Highway System in 1956. 2. PRESIDENT POWER: PRESIDENTIAL ACTION - 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). Presidents are required to obtain Congressional approval for the signing of treaties with foreign nations. To circumvent the process, some presidents have made “executive agreements” with the leaders of other countries. In fact, executive agreements are now a more popular instrument of diplomacy than formal treaties. SUPREME COURT POWER: COURT DECISIONS - As federal courts settle cases involving constitutional questions, they interpret the meaning of the Constitution’s sometimes vague words and phrases. In the 1996 Miranda v. Arizona case, the Supreme Court decided that Ernesto Miranda had been denied his constitutional rights by the police officers who arrested him because they failed to inform him of those rights. From that time forward, all police officers were required to read the Miranda Rights before questioning a suspect. 4. CHANGES THROUGH CUSTOM - 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. Civics Unit 1.8 Name______________________________ Date___________________ Per.________ FEDERALISM (OR FEDERAL SYSTEM) Government in which power is shared between the federal government and the state governments. Federalism, a central feature of the American political system, is the division and sharing of power between the national government and the states. The balance of power between the two levels of government has spawned some of the most intense controversies in American history. Historically, national interests have clashed with states' rights, and even today, when most Americans think of the government in Washington as vastly more powerful than the state governments, federalism is still one of the most important founding principles of the United States. Congress has some powers that are expressly outlined in the Constitution, and others, called implied powers, that are not stated outright but that Congress may assume in order to carry out its expressed powers. This does not give Congress free rein. The implied powers must be “reasonably” drawn from expressed powers. Reserved powers are those held by the states alone. They are not listed (as delegated powers are), but they are guaranteed by the 10th Amendment as reserved to the states respectively, or to the people. States may hold some of the same powers that the national government has, unless they have been given exclusively to the national government, either by provision of the Constitution or by judicial interpretation. Concurrent powers are those that both national and state governments hold. Distribution of Powers Within Our Federal System National (Federal) government EXPRESSED POWERS are those powers directly expressed or stated in the Constitution. Examples: tax, regulate INTERSTATE commerce (trade), coin money, borrow money, declare war, conduct foreign relations Both National and State State governments CONCURRENT POWERS are those powers that both the national government and the states have. RESERVED POWERS are powers that are reserved strictly to the states. Examples: tax, courts, make laws States have authority over matters not found in the constitution, such as the regulation of public school systems. IMPLIED POWERS 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: Education, driving laws, intrastate commerce Examples: power to setup an IRS, power to setup a draft Washington, D.C. Location President Executive Branch United States Congress Senate (100) House of Reps (435) Legislative Branch California Congress Senate (40) Assembly (80) U.S. Supreme Court District Fed Courts Judicial Branch CA Supreme Court State Superior Courts Sacramento Governor List which type of power is associated with each of the statements below. EX = expressed, IMP = implied, CON = concurrent, RES = reserved 1. __________Draft Americans into the military 5. __________Build an interstate highway system 2. __________Make war 6. __________Regulate a public school system 3. __________Establish courts 7. __________Regulate INTERSTATE commerce 4. __________Coin money 8. __________Make and enforce laws
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