Principles of the Constitution (USHC 1.5)

USCH 1.5-The Constitution
Opening:
Complete
Reading
Journal
1.5
Work Period:
•USHC 1.5 The
Constitution
•Complete The
Federalist Papers
Closing
Quiz on 1.5

Explain how the Constitution and the Bill
of Rights limit the federal government
Essential Question
• What are some examples of
federalism, separation of powers,
and checks and balances found in
the Constitution and how did this
differ from the Articles of
Confederation?
USHC 1.5
Explain how the fundamental principle of
limited government is protected by the
Constitution and the Bill of Rights…
Limiting the
Government
Federalism
Checks and
Balances
The Bill of
Rights
FEDERALISM
Sovereignty is constitutionally divided
between a central authority and states.
Delegated Powers
Powers given to the Federal Government
Reserved Powers
Powers kept by the states and people
Concurrent (Shared) Powers
Powers shared by both levels of gov.
From The Federalist, No. 45
MADISON
The powers delegated by the
proposed Constitution to the
federal government, are few and
defined. Those which are to remain
in the State governments are
numerous and indefinite.
The former will be exercised principally on
external objects, as war, peace, negotiation,
and foreign commerce… The powers reserved
to the several States will extend to all the
objects which… concern the lives, liberties,
and properties of the people…
Source: http://www.constitution.org/fed/federa45.htm
Federal States
Federalism
Admit New States
Coin Money Collect Tariffs
Establish
Declare War Foreign Policy
Courts
Weights and Army and
Organize and
Measures
Navy
Maintain Militia
National Defense
Punish
Concurrent
Treason
[Delegated]
Taxation
Immigration and Naturalization
Propose
Regulate
Constitutional Foreign Trade
Amendments
Regulate
Interstate Commerce
Education
Establish Local Governments
Marriage Laws
& Everything Else
State
Federal
[Reserved]
Ratify
Constitutional
Amendments
Regulate
Intrastate Commerce
AMENDMENT X
The powers not delegated to the United States by the
Constitution, nor prohibited by it to the states, are reserved to
the states respectively, or to the people.
Separation of Powers
Montesquieu
– French Philosopher
– The Spirit of the Laws (1748)
THREE BRANCHES OF GOVERNMENT
LEGISLATIVE
(Congress)
EXECUTIVE
(President)
JUDICIAL
(Courts)
Montesquieu
SEPARATION OF POWERS
Limits the power of the government.
Graphic Organizer 3.4
The Veto
• From Latin: “I Forbid”
• President checks Congress’ legislative power
• 2/3 Vote of Both Houses to Override
– 1845 – First Veto Overridden
Bill of Rights
Limits national government from infringing
upon individual’s rights
ADOPTION OF THE BILL OF RIGHTS
• To satisfy the States-Rights
advocates, a Bill of Rights
was added to the
Constitution to guarantee
individual rights
• The Bill of Rights was ratified
in December of 1791- three
years after the Constitution
was ratified
First Ten Amendments
Bill of Rights-1st 10 Amendments to the
Constitution
Amendment
Main Idea
Specifics
1
Basic Freedoms
2
3
Self Protection
Quartering
Troops
Search and
Seizure
Religion, Speech, Press,
Assembly, and Petition
Right to bear arms
Requires owner consent
4
5
Rights of the
Accused
Warrants and Probable Cause
Jury, Due Process, and Confront
accuser
Amendment
Main Idea
Specifics
6
Criminal Trials
Speedy, Public, Impartial Jury,
and Lawyer
7
Civil Trials
Trial by Jury
8
Limits Fines and Excessive Bail, Cruel and Unusual
Punishments
Punishment
9
Rights of the
People
Cannot use your rights to harm
others
10
Powers of the
States and
People
Any powers not listed are
RESERVED for states
OLDEST LIVING CONSTITUTION
How do we change the
Constitution?
1. Elastic Clause
2. Necessary and Proper
Clause
3. Amendments