Founding Ideals & the Formation
of the U.S. Government
Learning Targets
Name:
Hour:
Essential Questions:
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How has the definition of We the People changed since 1787? Historically, which groups were excluded from
We the People? Are there any groups excluded today?
In what ways does the Constitution influence the rights, responsibilities and lives of American citizens within a
democratic society?
What are the proper roles of the national and state governments?
I can…
1. define the five founding American ideals.
a. rights:
basic conditions guaranteed to each person
b. democracy:
a form of government that places power in the hands of the people
c. liberty:
the freedom to think or act without being limited by unnecessary force
d. opportunity:
the promise that people should have the chance to attain their hopes and dreams
e. equality:
the ideal situation in which all people are treated the same way and valued equally
2. a. explain the significance of the phrase, We the People, in the Preamble of the U.S. Constitution.
The Constitution’s authority is based on the people
echoes ideas in the Declaration of Independence that governments come from the governed—the people
b. explain how the definition of We the People has changed over time.
1787: white men who owned property
1865-1870: Civil War Amendments 13, 14, & 15—slavery outlawed, equal protection of the law,
voting for African American men
1920: 19th Amendment voting rights for women
1965: Voting Rights Act (improved voting for African Americans)
1971: Voting rights for 18 and older
3. explain the powers and structure of the three branches of government.
a. define Checks and Balances:
the system by which each branch of the federal government can limit, or check,
the power of the others
b. define Separation of Powers: 3-part government:
division of government power into executive, legislative and judicial branches
c. Legislative Branch
Who? Congress—Bicameral Legislature (created from Great Compromise)
Senate (100 members): based on equality, 2 Senators per state, 6-year term
House of Representatives (435 members): representation based on population , 2-year terms
(the more population = the more representation)
What? (Powers) Makes the Laws
House of Representatives
*propose tax laws
*impeach President
Senate
*approve Presidential appointments
*ratify treaties
*conduct Impeachment trial of President
H of R & Senate together
*propose & pass laws
*declare war
*override President’s veto with 2/3 vote
*propose amendments to Constitution with 2/3 vote
d. Executive Branch
Who? President, Vice-President, the Cabinet & Agencies
What? (Powers) Enforces Laws
President: approves or vetoes laws, conducts foreign policy relations, nominates Cabinet
members, ambassadors & federal judges, serves as Commander in Chief of U.S.
armed forces, prepares federal budget
Vice President: serves as president of Senate, assumes Presidency if something happens to
the President
Cabinet & Agencies: advises President, enforces laws
e. Judicial Branch
Who? The Supreme Court of the United States, State Supreme Courts, U.S. Court of Appeals, U.S.
District Courts, other Federal Courts
What? (Powers) Interprets the Constitution & Laws
“Guardians of the Constitution”, judge whether laws & actions meet Constitutional principles
Judicial Review: the power to review an action of the legislative or executive branch and
declare it unconstitutional Marbury v. Madison, 1803
Judicial Branch
approve/reject nominations of federal judges, creates
lower courts, remove judges through impeachment
can declare laws unconstitutional
Executive Branch
Legislative Branch
(3) f. explain and give examples of checks and balances within the U.S. system of government.
4. analyze the role of federalism in the United States Government.
a. define federalism:
the division of power between the federal and state governments
b. define delegated powers:
a power that the Constitution delegates, or grants, to Congress and therefore to the national government
c. give examples of delegated powers:
borrow money, coin money, raise and army & navy, declare war, regulate trade & interstate commerce,
make treaties, establish post offices
Elastic Clause: make laws necessary to carry out these powers
d. define concurrent powers:
a power that the Constitution delegates, or grants, to Congress but does not deny to the states
e. give examples of concurrent powers:
collect taxes, build roads, establish courts, borrow money, make & enforce laws, law enforcement,
disaster relief
f. define reserved powers:
a power that the Constitution does not delegate to Congress or deny to the states and is therefore reserved to the states or to the people
g. give examples of reserved powers:
providing police & fire protection, establishing schools, regulating businesses, issuing marriage & driver’s
licenses, conducting elections, establishing local governments
h. define & explain the 10th Amendment:
Reserved Powers granted to the states or people
Powers not given to the federal government belong to the states or to the people
balances power between the federal government and the states
i. define & explain the Supremacy Clause:
the Constitutional clause affirming that the Constitution and federal laws are the supreme law of the land
federal law must be followed in cases involving a conflict between federal and state law
5. explain conflicting viewpoints which led to the Three-Fifths Compromise and the Great Compromise.
a. define Three-Fifths Compromise:
every 5 slaves would count as equal to 3 whites for representation in the House
b. reasons for:
states from the North and South could not agree on how slaves would be counted to impact
representation in the House and/or taxes to support the national government
c. conflicting viewpoints:
Northern and Southern states disagreed on slavery and commerce (the economy)
some Northern states wanted to abolish slavery
Southern economies relied on slavery as a system of labor
Southern states wanted slaves to be counted in determining population for representation in the House but
not when determining taxes
Northern states wanted slaves counted for taxes but not for representation
d. define the Great Compromise:
compromise reached during the Constitutional Convention on representation in Congress, with each state
represented equally in the Senate (2) and with representation in the House based on state population
based on the Virginia Plan
e. reasons for:
smaller & larger states could not agree on how to determine representation in Congress
f. conflicting viewpoints:
some wanted unicameral legislature with equal representation (New Jersey Plan)
some thought it gave too much power to federal government
smaller states worried about not having enough representation
states with larger populations wanted more influence since more people would be affected
6. analyze why the Bill of Rights was added to the U.S. Constitution.
Anti-Federalists worried the Constitution did not adequately protect individual rights and freedoms
rights such as freedom of speech, religion and the press should be added
rights to a trial by jury and protection from unreasonable search & seizure were also important
10 Amendments were ratified
7. explain the rights enumerated in the Bill of Rights.
a. First Amendment:
The Five Freedoms: freedom of religion, speech, the press, and assembly,
and the right to petition the government (ask the government to correct wrongs)
b. Second Amendment:
“well-regulated militia” and “right of the people to keep and bear arms”
c. Third Amendment:
homeowners cannot be forced to provide room and board to soldiers in times of peace
d. Fourth Amendment:
guards against unreasonable searches, seizures of property & arrests
officials must have a search warrant or just cause
does apply to electronic searches & wiretapping
e. Fifth Amendment:
basic rights to those accused of a crime: cannot be held in jail without being charged with a crime, cannot
be tried for same crime twice (double jeopardy), cannot be forced to testify against themselves, cannot
be jailed without due process-fair trial,
government cannot take property without paying a fair price for it
f. Sixth Amendment:
basic rights to those accused of a crime: right to a jury trial, right to a speedy & public trial, right to
question witnesses, right to a lawyer
g. Seventh Amendment:
right to a jury trial to in certain federal cases including disputes between people or businesses
h. Eighth Amendment:
prohibits cruel and unusual punishments
forbids courts to impose excessive bail or fines
i. Ninth Amendment:
the people have other rights in addition to those listed & those rights cannot be violated
(just because it’s not written down, doesn’t mean you don’t have the right to do it)
j. Tenth Amendment:
Reserved Powers granted to the states or people
Powers not given to the federal government belong to the states or to the people
balances power between the federal government and the states