1

The Principles of the United States Constitution

CE.2A1

“Somewhere Out There” 4

(click)

“Text chapters refer to Holt, Rinehart, & Winston’s CIVICS AND ECONOMICS”

2

POLITICAL PRINCIPLES

• Rule of Law – all are bound by law

• Separation of Church and State - limited government (gov’t. is not all powerful; people place limits on it)

• Consent of the Governed – People are the source of all governmental power

• Bill of Rights

• Federalism

• Checks and Balances

CE.2A2

Chapters 1&2

3

Types of Government

1. Anarchy - no government

2. Monarchy - rule by one person (king usually)

3. Oligarchy - rule by a few people (royal family, etc.)

4. Democracy - rule by people (Athens, Greece)

5. Republic - rule by representatives (Rome)

6. Dictatorship - rule by one person with absolute power (Hitler, Stalin, Saddam Hussein, etc.)

CE.2A3

Chapters 1 & 2

4

Popular Sovereignty• The people hold the ultimate authority

• A representative democracy lets the people elect leaders to make decisions for them.

• John Warner, George Allen, and Virgil Goode are our elected officials in Congress

CE.2A4

Chapters 1 & 2

5

Limited Government

• Framers wanted to guard against tyranny

• Government is limited to the power given it in the Constitution.

• The Constitution tells how leaders who overstep their power can be removed

CE.2A5

Chapters 1 & 2

Thunder Rolls 6

6

Federalism• The division of power between State and

National Governments

• Some powers are shared

• The National Government has the “supreme power”

CE.2A6

Chapters 1 & 2

7

INFLUENCES ON CONSTITUTION• Charters of the VA Company of London

– Rights of Englishmen guaranteed to colonists

• Virginia Declaration of Rights– Model for Bill of Rights & Constitution

• Declaration of Independence– Stated grievances against king

– Declared independence

– Affirmed unalienable rights (life, liberty, pursuit of happiness)

– “All people are Equal under the law”

CE.2B1

Chapter 2

8

King James I gave a charter to the Virginia Company of London.April 10, 1606

The Charters of the The Charters of the Virginia Company of Virginia Company of

LondonLondon

The Charters of the The Charters of the Virginia Company of Virginia Company of

LondonLondon

Borrowed from Internet

9

Purpose of the Charters

•They authorized the Virginia Company to start a colony.

•They allowed for a representative government.

•They gave the colonists the same rights as Englishmen.

10

The Virginia Declaration

of Rights Written By:

George Mason

June 12, 1776

11

The Declaration of Rights

•This was an introduction to the Virginia Constitution

•George Mason believed all Virginians should have certain rights.

All Through the Night 6

12

Virginia Declaration of Rights:

•Freedom of Religion

•Right to a fair trial

•Freedom of the press

13

Thomas Jefferson used the Virginia Declaration of Rights as a basis for the first 10 amendments to the United States Constitution.This was a giant step toward freedom and Democracy.

14

Virginia Statute for Religious Freedom

Written by: Thomas Jefferson

15

1786

• Colonial Virginians attended the Church of England

• As Virginia grew, many people came to live in the state who were not of English ancestry.

• Should the new state continue to support a state church? ****** Jefferson argued that religious beliefs should be solely matters of individual conscience and immune from any interference by the state.

Reasons for Statute

16

Separated church and Separated church and statestate

Established religious Established religious freedomfreedom

What did the What did the Virginia Statute Virginia Statute

for Religious for Religious Freedom do?Freedom do?

What did the What did the Virginia Statute Virginia Statute

for Religious for Religious Freedom do?Freedom do?

17

The Basis for the First Amendment

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of press; or the right of people peaceably to assemble, and to petition the Government for a redress of grievances.

“Coming to America” 4

18

The Declaration of Independence

Written by:Thomas Jefferson

19

The Declaration of Independence as it appeared in the “Pennsylvania Packet”

July 8, 1776

20

The Declaration of Independence explained to the world why the colonies should break away from England.

Reason for Declaration

FOR EXAMPLE:• Taxation without Representation• Refusal to pass laws needed by colonies• Forced to quarter soldiers in homes

21

“We hold these

truths to be self-

evident…”

22

INFLUENCES ON CONSTITUTION• Articles of Confederation

– Established the first gov’t; very weak– Power with states– Weaknesses: No President or court system; no power

to tax or enforce laws; led to Constitution

• Virginia Statute for Religious Freedom– Freedom of religion

• U.S. Constitution & Bill of Rights– Set up structure of U.S. Government– Equality under the law; majority rule with rights of

minority protected– Affirms individual worth and dignity– Protects freedoms: religion, speech, press, assembly,

and petition

CE.2B2

Chapter 2“Don’t Cry for Me Argentina” 1

23

PREAMBLE TO CONSTITUTION

WE THE PEOPLE in order to

CE.2C

Chapter 4.1

“Preamble” (click)

Form a more perfect union

Establish justice

Insure domestic tranquility

Provide for the common defense

Promote the general welfare and

Secure the blessings of Liberty to ourselves and our posterity

24

Do ordain and establish this Constitution for the United States of America.

15 Stars Grand Star 20 Stars

13 Stars

28 Stars (Mexican War)

34 Stars (Civil War)

46 Stars (1912)

48 Stars (WWII)

49 Stars

50 Stars

Alamo

Bennington 1776

Betsy RossBunker Hill Continental Navy

Grand Union

Washington’s

1st CSA Bonnie Blue 2nd CSA

Virgin Islands

Puerto Rico

Guam

MidwayWake I.

25

CIVICS TEST #1

SOL CE.2

26

HOW TO BECOME A CITIZEN

• Established by the 14th Amendment – all persons born or naturalized in the U.S.– Birth

– Naturalization

• Naturalization led to a very diverse society– A person must demonstrate knowledge of American

history and principles and the ability to speak and write English {Take Citizenship Test}

CE.3A1

Chapter 1.2

27

1.File an application. The application asks for biographical information about the person. The person has his or her fingerprints taken, and provides photographs and legal documents. 2.Take a naturalization examination. The examination tests the applicant’s knowledge of U.S. government and history. The applicant must also pass an English test. 3.Appear for a court hearing. The applicant appears before a judge and asks to become a U.S. citizen. The judge will listen to the applicant’s reasons and will decide on naturalization.

NATURALIZATION PROCESSCE.3A2

Chapter 1.2

28

NATURALIZATION REQUIREMENTS

To become a citizen, or to be naturalized, a person must meet certain requirements:

•Be at least 18 years old •Have lived in the U.S. for at least 5 years •Be of good moral character and loyal to the U.S. •Be able to read, write, speak and understand basic English •Have basic knowledge and understanding of the history, government structure and the Constitution of the U.S. •Be willing to take an oath of allegiance to the U.S.

CE.3A3

Chapter 1.2

29

1ST AMENDMENT FREEDOMS• Religion – Congress may not interfere• Speech – People are free to express their

feelings• Press – Press has right to publish criticism of

gov’t.• Assembly – People may peacefully gather• Petition – People may petition the gov’t. to

change things

CE.3B1

14th AMENDMENT

•Extends due process to actions of statesChapter 4.1

30

The Bill of Rights

The first 10 amendments

To the U. S. Constitution

31

Who determines what the Bill of Rights mean?

• The Supreme Court makes rulings on the meaning

• The Supreme Court balances the rights of the individual with the needs of society

Individual?? Society??“Every Breath I Take” 27

32

The first amendment—5 rights mentioned

• Freedom of Speech

• Freedom of Religion

• Freedom of the Press

• Freedom of Assembly

• Right to petition the government

33

Freedom of Religion

• “Congress shall make no law respecting an establishment of religion or prohibiting the free exercise there of”

• Two clauses:

– Establishment clause

– Free Exercise clause

34

Establishment and free exercise clause often conflict with each other

• In schools, the religion issue is most prevalent

• If a student raises his hand and says “teacher, can we say an opening prayer before this test”

• If the teacher says:

• “Yes”, It looks like establishment of religion

• “No”, It is denying a student free exercise.

35

Establishment Clause—Government cannot promote religion

36

Establishment clause-GovernmentCans Cannot

• Teach about religions in school

• Allow voluntary prayer in many examples

• Transport students to a religious school

• Read Bible for culture or literacy content

• Set a state religion • Government cannot

order a prayer• Teach religious

doctrine in the school• Pay seminary teachers• Teach creationism

37

Free exercise of religion

38

Free Exercise—The personCan Cannot

• Choose whatever religion

• Lead a prayer in most examples

• Ask questions about religions

• Worship whoever he wants

• Break the law and claim it is religious belief

• Raise children without education

• Deprive children of basic needs

39

Freedom of speech

• “Congress shall make no laws . . . abridging the freedom of speech”

40

Free speech– The individual can:

• Say any political belief

• Protest (without getting out of control)

• Say things about someone that are true

• Burn the flag

• Say racist and hate slogans

• Free speech means someone might say something you disagree with

41

Free speech—limits on the person

• Threaten to blow up airplanes, schools or the president

• Sexual harassment

• Create too much social chaos

• Extremely crude language in a public form

• Disrespectful, vulgar language in schools

• Hate crimes

42

Freedom of the press

• Congress shall make no law . . . abridging . . . the freedom of the press.”

43

Freedom of the press-the pressCan Cannot

• Print any political position

• Make fun of people, especially politicians

• Expose wrongs by the government

• Say things you might not agree with

• Libel– intentionally injuring a person’s reputation by false facts

• Disclose defense-security secrets

• Detail how to make a certain weapons

44

Freedom of Assembly

• Congress shall make no law . . . Abridging . . . The people to peaceably assemble”

45

Freedom of Assembly--IndividualCan Cannot

• Protest • Parade (with a

permit)• Parade chanting

hate slogans• Gang members can

congregate in public

• Protest by throwing rocks and breaking windows

• Hang out on private land against owners will—loitering

• Ignore teen curfew

46

Petition the Government

• “Congress shall make no law . . . Abridging . . . the people. . . to petition the government for a redress of grievances”

47

Petition the government

• You may sue the government for wrongs

• You cannot be punished for exposing wrongs by the government

• The courts decide the wrongs

48

2nd Amendment—Right to bear arms

• “A well-regulated militia, being necessary to the security of a free state, the right of the people to bear arms shall not be infringed.”

49

What is the debate with the right to bear arms?

• How much can the government keep guns from criminals and youth?

• In order to keep guns away from criminals, does that limit the right of law abiding citizens?

50

Gun debate continued

• Thousands of people die every year because of guns

• Thousands of crimes are prevented because of guns

Shoes representing gun deaths.

51

Third Amendment

• The Government cannot force you to shelter soldiers in your home without your consent in time of war or peace.

52

Rights of the Accused Amendments #4-8

Important to preserve freedom

53

Fourth Amendment

• What does a policeman need in order to search your home? – A warrant given

to him by a judge

– Probable cause is also needed

54

Fifth Amendment

• You cannot be tried for the same crime twice—called “Double Jeopardy”

• You do not have to testify against your self. “I plead the fifth”

• You must have due process of law before you are convicted

• The government cannot take your land unless it pays.

55

Sixth Amendment

• Right to speedy trial by impartial jury—meaning not favoring either side

56

Sixth Amendment continued

• You must be told of charges

• You must be provided a lawyer if you cannot afford one

57

Eighth Amendment

• No excessive bail

• No cruel and unusual punishment

Prisoner kissing his Mom in prison

58

DUTIES OF RESPONSIBLE CITIZENS

• Obey laws• Pay taxes• Serve in the armed forces if called• Serve on a jury or as a witness in court

CE.3C

* Citizens who choose not to do these face legal consequences

Chapter 4.3“Walk Like an Egyptian” 5

59

CE.3D

* These are voluntary!

•Register and vote

•Hold elective office

•Influence gov’t. by communicating with gov’t. officials

•Serve in voluntary or appointed positions

•Participate in political campaigns

•Keep informed regarding current issues

•Respect others’ rights to an equal voice in gov’t.

RESPONSIBILITIES OF CITIZENS

Chapter 4.3

60

WAYS CITIZENS PARTICIPATE• Volunteer to support democratic institutions• Express concern about the welfare of the

community (e.g. environment, safety, etc.)• Help to make the community a good place to

work & live (e.g. tutoring, involved with public service, volunteering in nursing homes, etc.)

CE.3E

Chapter 15.3

61

TRAITS OF GOOD CITIZENS• Trustworthy• Honest• Courteous (respect for others)• Responsibility, accountability, and self-reliance• Respect for the law (rules)• Patriotism

CE.4A,B,C,D,E

Thank you!

Chapter 1.2

62

Test #2

CivicsSOLs CE.3 & CE.4

63

FUNCTIONS OF POLITICAL PARTIES

• Recruiting and nominating candidates

• Educating the electorate about campaign issues

• Helping candidates win elections

• Monitoring actions of officeholders

CE.5A

Chapter 10.1, 10.2, 10.3

“That’s the Way I Like It” 4

64

POLITICAL PARTIES• Similarities

– Organize to win elections

– Influence public policies

– Reflect both liberal and conservative views

– Define themselves in a way to win majority support by appealing to the political center

• Differences– Stated in party platforms

– Reflected in campaigning

• Third Parties– Introduce new ideas or press for an issue

– Often revolve around a political personality (e.g. Teddy Roosevelt = Bull Moose Party)

CE.5B

Chapter 10.1

65

EVALUATING CAMPAIGN MATERIALS

• Separate fact from opinion• Detect bias• Evaluate sources• Identify propaganda

CE.5C

MASS MEDIA ROLES IN ELECTIONS•Identifying candidates

•Emphasizing selected issues

•Writing editorials, creating political cartoons, publishing op-ed pieces

•Broadcasting different points of view

Chapter 11.1

66

RISING CAMPAIGN COSTS• Extensive fund-raising activities• Limit chance to run for public office• Gives an advantage to the wealthy• Encourages Political Action Committees

(PACs)• Gives issue-oriented special interest groups

more influence

CE.5D

CAMPAIGN FINANCE REFORM

•Efforts to reform campaign finance laws

•Limits exist on amount people may contribute

Chapter 10.4

67

VOTING IN VA• Qualifications to register to vote in VA

– Citizen of the U.S.– Resident of VA and precinct– 18 years of age by the day of election

• How to Register– In person at registrar’s office, at DMV, or other site– By mail application (computer?)– Registration is closed 29 days before an election

• Who votes– Education is a factor– Age is a factor– Income is a factor

• Why citizens fail to vote– Lack of interest (Every vote is important!!! More people vote

in national elections than in state and local elections.)– Not registered (Must be registered to vote!!!)

CE.5E

Chapter 8.1“Suddenly Seymour” 12

68

ELECTORAL COLLEGE PROCESS• Electors for each state are chosen by popular

vote (political parties)• Electors meet to vote for Pres. & Vice Pres.• Winner-take-all system leads to candidates

targeting large states (CA, NY, TX, etc.)• Number of electors is determined by number of

Congressmen (senators + representatives)• Requirements for a majority of electoral votes

favors a two-party system of gov’t.

CE.5F

2 SENATORS + ? REPRESENTATIVES = # ELECTORS

Chapter 3.2?

69

CIVICS TEST #3

SOLS CE.5A-5F

70

DIVISION OF POWERS• Federal system of government; national gov’t.

is supreme• Powers are enumerated/expressed or implied in

the Constitution• Powers are reserved to the states if not

expressed• Some powers are denied to both federal and

state governments• Local government powers are derived from the

state• Responsibilities of each level

– National – conducts foreign policy, regulates commerce

– State – promotes public health, safety, and welfare

CE.6A

Chapter 8.1

71

Separation of Powers

• No one holds “too much” power

• Legislative branch makes the laws

• Executive branch carries out the laws

• Legislative branch interprets the laws

CE.6A

Chapter 3.2

“3 Ring Circus” (click)

72

BRANCHES OF GOVERNMENTCE.6B1

BRANCH

Local

Government

Virginia

Government

National

Government

Legislative Makes ordinances for community; approves annual budget; power limited to that delegated by the state

Makes laws for VA; approves annual budget; exercises power under the 10th amendment

Makes laws for nation; approves annual budget; approves presidential appointments

Executive Elected or appointed by the Board of Supervisors or City Council; city or county managers hired by local legislatures

Executes laws of VA; prepares biennial budget for General Assembly; appoints cabinet officers and boards; administers state bureaucracy; grants pardons

Executes law of the land; prepares annual budget for congressional action; appoints cabinet officers, ambassadors, and federal judges; administers federal bureaucracy

Judicial Cases heard by local courts under the authority provided by state legislation

Supreme Court has power of judicial review over state laws; Circuit courts try civil and criminal cases

Supreme Court has power of judicial review; Federal courts try cases involving federal law and U.S. Constitutional questions

Chapter 3.2

73

BRANCHES OF GOVERNMENT PICTURE

CE.6B2 Chapter 3.2

74

Checks and Balances

• Prevents the abuse of power in government

• Each branch can check each other branch

CE.6C1 Chapter 3.2

75

CHECKS & BALANCES• Legislative Powers over

– Executive Branch• Overrides vetoes• Impeaches President

– Judicial Branch• Approves federal judges• Impeaches federal judges

• Executive Powers over– Legislative Branch

• Vetoes acts of Congress• Call Congress into special session

– Judicial Branch• Appoints federal judges

• Judicial Powers over– Legislative Branch

• Declares laws unconstitutional– Executive Branch

• Declares executive acts unconstitutional

CE.6C2

Chapter 3.2

76

Legislative Checks• Override president’s veto

• Ratify treaties

• Confirm executive appointments

• Impeach federal officers and judges

• Create and dissolve lower federal courts

CE.6C3

Chapter 3.2

77

Executive Checks

• Propose laws to Congress

• Veto laws made by Congress

• Negotiate foreign treaties

• Appoint federal judges

• Grant pardons to federal offenders

CE.6C4

Chapter 3.2

78

Judicial Checks• Declare executive acts unconstitutional

• Declare laws unconstitutional

• Declare acts of Congress unconstitutional

• The Supreme Court holds the final check

CE6C5

Chapter 3.2

79

AMENDING THE CONSTITUTION• Process for amending the Constitution

– Action by Congress or convention– Ratification by states

*Amendment process is complex; 27 amendments have been added

• Ways to change constitutional interpretation• Court decision• Congressional action• Presidential action• Custom* Most changes to interpretation are informal!

CE.6D

Chapter 3.3“Suspicious Minds” 9

80

CIVICS TEST #4

SOLS CE.6A-6D

81

THE GREAT COMPROMISE

VIRGINIA PLAN – A Congress with representation based on population.

NEW JERSEY PLAN – A Congress with representation based on equal votes for each state.

CE.7A1

CONGRESS

Chapter 2.3

82

HOW LAWS ARE MADE• Bicameral legislatures (U.S. & VA)

• Legislative Powers– Expressed (listed in Constitution)

– Implied (used to carry out expressed)

• Process:– Committees

– Debate on floor

– Voting

– Signing bill into law (bill is proposed law)

• Elected officials write laws and take action in response to problems or issues

• Individuals and interest groups help shape legislation

CE.7A1

Chapter 5.4“I’m Just a Bill” (click)

83

Legislative Branch

• Senate and House of Representatives• Make our laws• Appropriate Money• Regulate Immigration• Establish Post Offices and Roads• Regulate Interstate Commerce and Transportation• Declare War

SENATOR – GEORGE ALLEN

5TH DISTRICT REPRESENTATIVE – VIRGIL GOODE

5TH DISTRICT

SENATOR – JOHN WARNER

CE.7A2Chapter 5

84

Executive Branch

• The President of the United States

• Chief Executive

• Chief of State

• Chief Legislator

• Commander in Chief

CE.7B1 Chapter 6

85

EXECUTIVE BRANCH• Powers are defined in national and state

constitutions• Carries out the laws• Ways executive influences policy making

– Proposes laws (State of the Commonwealth or State of the Union Address)

– Appealing directly to the people

– Approving or vetoing legislation

– Appointing officials who carry out the laws

• Cabinet departments, agencies, and regulatory groups interpret and carry out the laws

CE.7B2

Chapter 6

86

WAYS MEDIA SETS PUBLIC AGENDA• Focusing public attention on issues• Offering a forum in which opposing viewpoints

are communicated• Holding government officials accountable to

the public

* Government officials use media to communicate with the public.

CE.7C

Chapter 11.1

87

INFLUENCES ON PUBLIC POLICY• Individuals

– Participating in politics (voting, campaigning)

– Expressing opinions (lobbying, demonstrating, writing letters)

– Joining interest groups

• Interest Groups– Identifying issues

– Making political contributions

– Lobbying government officials

CE.7D

Chapter 11.1 & 11.2

88

CIVICS TEST #5

SOLS CE.7A-7B

89

Judicial Branch

• Supreme Court and other Federal Courts

• Preserve and protect the rights guaranteed by the Constitution

• Considers cases involving national laws

• Declares laws and acts “unconstitutional”

CE.8A Chapter 7

Jailhouse Rock 5

90

VIRGINIA COURT SYSTEMCE.8AVirginia Supreme Court (Justices / no Jury)

•Court of final appeal (Appellate jurisdiction)

•Limited original jurisdiction

Court of Appeals of VA (Judges / no Jury)

•Appellate jurisdiction

Circuit Court (Judge and Jury)

•Original jurisdiction for: criminal cases & civil cases over $1,000

•Appellate jurisdiction

General District Court (Judge)

•Original jurisdiction of misdemeanors

•Civil cases less than $1,000

Juvenile and Domestic Relations Court

(Judge, No Jury)

•Juvenile and family cases

** Magistrates issue search warrants, subpoenas, arrest warrants, and summons and set bail.

Chapter 8.4

91

UNITED STATES COURT SYSTEMCE.8A

U.S. Supreme Court

(Justices / No Jury)

Jurisdiction: Appellate & Limited Original

U.S. Court of Appeals

(Justices / No Jury)

Jurisdiction: Appellate

U.S. District Court

(Judge with Jury)

Jurisdiction: Original

* The U.S. has a separate court system whose organization and jurisdiction are derived from the Constitution.

Chapter 7

92

JUDICIAL REVIEW• The Supreme Courts of VA and the United

States determine the constitutionality of laws and acts of the executive branch of government.

• Marbury v. Madison established the principle of judicial review at the national level.

• The Constitution of the United States is the supreme law of the land.

• State laws must conform to the VA and U.S. Constitutions.

CE.8B

Chapter 7.3

93

CRIMINAL LAW • In a criminal case, a court determines whether a person

accused of breaking the law is guilty or not guilty of a misdemeanor or a felony.

• Criminal procedure in felony cases:

– Person may be arrested if there is probable cause

– Accused may be jailed or released on bail

– Arraignment where probable cause is reviewed, the defendant may have an attorney, and a plea is entered

– Court date is set and a trial is conducted

– A guilty verdict may be appealed to the Court of Appeals or directly to the Supreme Court in a capital case.

CE.8C

Chapter 7.1 & 7.2

94

Procedure for civil cases• Plaintiff files a complaint to recover damages

or receive compensation.• Case can be hard by judge or jury.• Case can be appealed the Court of Appeals and

the VA Supreme Court

CE.8C

Procedure for cases involving juveniles

•Judges have greater say in handling juvenile cases.

•Juveniles who commit serious crimes can be tried as adults.

Chapters 7.2 & 8.4“Morning Has Broken” 2

95

DUE PROCESS OF LAW• Due process of law is the constitutional protection

against unfair governmental actions and laws.

• Amendment 5 – keeps national gov’t. from acting in an unfair manner.

• Amendment 14 – prohibits state and local governments from acting in an unfair manner.

• The Supreme Court has extended the due process clauses to protect the guarantees of the Bill of Rights.

CE.8D

Chapter 7.1

96

CIVICS TEST #6

SOLS CE.8A-8D