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
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