HOW DO YOU RATE! - the jerry perez experiment

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