Constitution Study Guide

The Three Branches of Government

Executive

Enforces the countries laws

Headed by the President

Serves a 4 year term

Also includes: Army, Navy, Air Force, Marines, Coast Guard, National

Guard, The Police, His Cabinet

Legislative

Law making branch of our government

Congress

Judicial

Judges whether laws follow the true

meaning of the Constitution

Headed by the Supreme Court

(appointed for life or until they

decide to retire)

Also: the U.S. court system and

it’s supporters

The Senate The House of

(6 years) Representatives

(2 years)

Major Constitutional Amendments

The first 10 are called: “The Bill of Rights”

(not now…. In a little bit….)

First…..

The Civil War AmendmentsAll were ratified (approved) at the end of the Civil War

• 13th Amendment• 14th Amendment• 15th Amendment

• All slaves would now be free.

• Formers slaves were now American citizens (and should be treated equally).

• Former slaves had the right to vote (men).

Others

• 16th Amendment

(43 years after 13/14/15th) Congress can collect a tax on people’s income.

18th Amendment (1919): Prohibition: Illegal to make, sell, or transport alcohol in any way.

21st Amendment: (1932)Did away with the 18thAmendment.

More…

• 22nd Amendment:

No one can ever be elected President more than twice.

24th Amendment:

Poll taxes are illegal.

And…

• 25th Amendment:

1. If the President can’t be in power, the Vice President takes over.

2. If there’s no Vice President, the President can name a new one (approved by the Senate)

3. If the President is sick, he can temporarily give power to the Vice President.

• 26th Amendment:

Lowered the voting age from 21 to 18 (in 1971)

The 27th Amendment

• Congress cannot vote itself a pay raise – any pay raise only counts for the next Congress

Now….

The Bill of Rights

1st Amendment(lists 5 freedoms people have by being here)

1. Freedom of religion: you can be any religion you wish – or none if you wish (goes back to the Church of England being tied in directly with the British government).

2. Freedom of speech: as long as it is true

3. Freedom of the press: as long as it’s true

4. Freedom of assembly: people can get together for any reason (peaceful, or even in protests)

5. Freedom of petition: the government should help you out if you “petition” them (ask them).

2nd Amendment

• People have the right to “keep and bear arms”

• This was written 230 years ago

• The question today is what they really meant:

• For hunting?

• For protection?

• For rebelling against your government if you need to?

• Guns are much different today than in 1776

3rd Amendment

• Soldiers cannot stay in your home without your permission

• This comes from colonial times – when the British government couldn’t afford food and places to stay for all it’s soldiers in the colonies – so they sometimes could live in citizen’s homes and those people “supported” them.

4th Amendment

• Police need a search warrant to enter your home.• Police need a court order to take any of your

property.

5th Amendment

• No one can be tried for the same crime more than once.

(except – criminal and civil cases are different)• No-one can be forced to testify against themselves.

(You are innocent until you’re proven guilty)• The government can’t take your property without

paying a fair price for it.

(Such as your land to build a new…)• People must have fair trials.

6th Amendment

• If you are charged with a crime… you have the right to:

1. a jury trial

2. a speedy trial

3. know why you’ve been arrested

7th Amendment

• A person involved in a lawsuit can have a jury trial if they want one

8th Amendment

• Bail cannot be too high

(the amount of money you pay to get out of jail)• Fines and punishments for crimes must be fair and

proportionate.

9th Amendment

• There are many rights that aren’t put into the constitution.

10th Amendment

• Powers not given to the United States government in the constitution, are given to the states and the people .

(Has to do with Reserved Powers, Implied Powers, etc… which we’ll look at later)

The Right to Vote

To register to vote:

• Elections are done through the County Clerk’s office.

• You have to register to vote at least 30 days before the election

• You must be an American citizen (born in the U.S. or born to American parents)

• You must be at least 18 years old on election day.

• You must have lived in the state for at least 30 days

Voting today:

• Anyone over 18 -

unless• You’ve been

convicted of a felony• If you have a mental

illness that keeps you from making good decisions

The Flag

• Red: for sacrifices made for this country• White: A new and fresh beginning• Blue: color of loyalty• 13 stripes: original 13 colonies• 50 stars: 50 states today• Presenting: In the middle, highest, first• Disposing: destroy by giving to the VFW lodge

Governmental Powers

The 6 different powers:

3 Delegated Powers: given to the national government by the Constitution.

1. Expressed Powers: Powers written in the Constitution.

2. Implied Powers: Not written, but implied in the Constitution.

3. Inherent Powers: Powers a government has just because they’re the government.

• Reserved Powers: powers only the states can use.

• Concurrent Powers: shared by both the states and the federal government.

Given to the Federal Government

by the Constitution

How to remember: Delegated means put in charge of something

Examples: make treaties and deal with foreign policies, take control in emergency situations

Written out in the Constitution

How to remember: If you express yourself, you say / write exactly what you want

Examples: the power to declare war, build and arm an army, Navy, Air Force, Marines, Coast Guard, National Guard

Not written, but implied in the Constitution

How to remember: Implied means suggested

Examples: the ability to make money, establish post offices, regulate interstate trade (between states),

protection of savings, use of energy resources

Powers a government has, just because they’re the government.

How to remember: Inherent is like inherit and if you inherit something, you get it just because of who you are

Examples: getting new territories, deciding who can come into the country

Powers only the states can have

How to remember: Reserved means saved for someone else

Examples: driving age, marriage age, conduct local and state elections, take care of public health and safety, regulate intrastate

business (within the state), elections of local officials

• Shared by both the states and

the federal government

How to remember: current is like swimming along with the current

• Examples: paying and collecting taxes, building roads, borrowing money, establishing court systems, making and enforcing laws, spend money for the general welfare of people, use private property for public use (with just compensation)

How to Change / Amend the Constitution

Amendments: (changes or additions to the constitution)

1st a new amendment must be proposed (suggested)

2nd the amendment must be ratified (approved)

Could happen by:•2/3 of both houses of Congress approve a proposal. or…•A special convention requested by 2/3 of the states

Could happen by:•Approved by legislatures of 3/4 of the states or…•Approved by special conventions in 3/4 of the states

It’s not easy to change the Constitution

• Getting 2/3 or 3/4 of a group of people to agree on anything is tough – it takes 38 out of 50 states to ratify an amendment.

• And… the people make the real final decision.

• Most amendments are done through state legislatures.

• One thing that can never be changed: each state gets 2 Senators

The other side of the sheet

People to Remember

President: Barrack Obama

Vice President: Joe Biden

Secretary of State: Hillary Rodham Clinton

Governor of Illinois: Pat Quinn

Illinois Secretary of State:Jesse White

Senator from Illinois: Dick Durbin

Senator from Illinois:Mark Kirk

Positions in County Government

County Clerk

Message from the Clerk The Office of the Clerk of the Circuit Court is responsible for maintaining a record of all traffic, civil, criminal and juvenile cases filed and heard in Lake County. On a daily basis, the office interacts with the public and attorneys performing several functions including the collection and disbursement of traffic and criminal fines, civil fees, child support and the processing of passport applications. Office staff is also responsible for recording filed documents and attending court for the purposes of maintaining a record of all proceedings.

SheriffSheriff's Office

•  The Lake County Sheriff's Office exists to serve the community by protecting life and property, by preventing crime, by enforcing the laws and incarcerating offenders of the laws, and by maintaining order for all citizens.

Mark C. Curran Jr.

Assessor

• The Chief County Assessment Office is the coordinating arm for all tax assessment activity for Lake County's 280,210 real estate parcels.

• Oversees the work of local township assessors and acts as a resource to these local offices, yet the township assessor has the primary responsibility for valuing property for assessment purposes. .

• Mission Statement To ensure that the property valuation responsibilities in the property tax cycle are accomplished in an efficient and timely fashion. In order to meet this end, the CCAO serves as a resource to both taxpayers and the property assessment professionals in Lake County.

Treasurer

The mission statement of the Lake County Treasuer's Office is to safeguard taxpayer cash in the possession of the Lake County Government through honest and competent stewardship by actively managing banking relationships and by investing temporary surpluses. Further, the Lake County Treasurer's Office, as the Ex Officio County Collector, will bill, collect, and distribute real estate taxes to Lake County taxing bodies in a timely and efficient manner, providing excellent customer service to taxpayers by telephone, internet and direct personal contact.

Coroner• The Lake County Coroner's Office

exists to serve the community by providing timely Medico-legal death investigations in a professional and courteous manner, while ensuring the highest level of compassion, dignity and respect for the deceased and their families. Through collaborative efforts that value recognized best practices, advances in technology and training, our efforts will serve those who can no longer serve themselves. We will also care for the living by providing historical data, identifying trends and offering recommendations to help prevent deaths of similar circumstances.

Artis Yancey,Lake County Coroner

•   The State's Attorney has the exclusive and statutory responsibility for prosecuting violations of the criminal laws of the State of Illinois, as well as many other regulatory laws of the state and county including traffic regulations. He is also the lawyer for Lake County providing legal advice, defense of court actions, and filing and presentation of cases brought by, or against, Lake County.

• He is also the lawyer for Lake County providing legal advice, defense of court actions, and filing and presentation of cases brought by, or against, Lake County. The State's Attorneys Office is divided into four main parts, the Executive Staff, the Criminal Division, the Civil Division and the Administrative Services Division.

State’s Attorney

Michael J. Waller

Judges• Message from the Chief

Judge

• The judges and support staff of the Circuit Court of the Nineteenth Judicial Circuit of the State of Illinois are committed to serving the public by providing a fair and efficient system of justice that fosters the public trust and confidence. We work toward accomplishing this mission by continually improving the facilities, programs, and services provided to the people of Lake and McHenry Counties.Victoria Rossetti, Chief Judge

Lake County Courthouse

Being President

(qualifications and facts)

To become President:

• You must be at least 35 years old• You must be a natural born citizen of the United States

(born here or of American parents).• You must have lived in the United States for at least 14

years.

Other things presidents have in common

• Most have been well educated (especially recently).

• About two thirds have been lawyers.

• Most have been married.• Most have been

protestants.• Most started out in small

towns or in the country.• Most were very active in

politics for a long time before they were elected.

• About 2/3 were Vice-President before they became President

(8 of them because the previous President died while in office).

Types of Elections

(and election “terms”)

Political Parties

Major• Democrats

• Republicans

Others

(Minority Parties)

http://www.politics1.com/

parties.htm

Some others are

Non-Partisan (no party)

Primary and General Elections

• An election to nominate (name) candidates to run for office.

• For example: there may be 5 different Democrats wanting to run for office, so in a primary, they’ll vote to see which one of the 5 will be the one to run.

• The election that decides who will be the one who actually wins and takes office.

Closed / Open Primaries

• You must be registered as a member of a political party to vote.

• Democrats could only vote for primary Democrats.

• Would keep the other side from voting for someone who wouldn’t beat their candidate.

• Every registered voter can vote – no matter which political party they belong to.

Split tickets

• Voting for people in more than one political party (splitting your vote a couple of ways).

• Example: voting for a Republican President and a Democratic Governor

• In some primaries, you cannot vote a split ticket.

The Judicial System

2 kinds of court “systems”

• Federal Court: Federal laws

• Robbing a bank• Terrorist activities• Crossing state lines while

committing a crime• Kidnapping

• State Courts: State Laws

• Speeding• Divorces / Custody• Writing bad checks• Shoplifting• Drug / Alcohol offenses

• Local courts are part of the state court system.

There are 3 basic kinds of laws

Constitutional Law: things that are written out in the constitution.

Statutory Law: laws made by lawmakers.

Common Law: Based on past court decisions and experience over the years.

2 different kinds of court cases

• Criminal Case: when a person is accused of breaking a law

• Civil Case: deals with problems between 2 people

Congressional Powers and Duties

Duties of Congress

• Main duty: to make laws (along with the president). Both houses of Congress and the President must approve a new law for it to take effect.

• Congress can impeach the President and other federal officials (put them on “trial” for doing something wrong). If they’re guilty, they could even remove them from office.

• May create new Agencies to do a certain job for the government, and decide how much money they get to do this new job.

The Senate also has some additional powers:

• Approves or disapproves of people appointed by the President to certain positions (like… Supreme Court Justices).

• Approves or disapproves of official agreements between the United States and other countries.

Steps in Making a Law

How a bill becomes a law

Someone has an idea

The idea is introduced to either the

Senate - or the House of Representatives

Goes to the House

Sent to a committee of a few

Representatives

Discussed in committee

Hearings are held where the whole House

discusses and debates the bill

Sent to a committee of a few

Senators

Discussed in committee

Goes to the Senate

Hearings are held where the whole Senate

discusses and debates the bill

If it passes both houses, it goes to the

President

If that bill gets to the President:

President gets the bill(has 3 choices)

1. Says yes… it becomes a law

2. Vetoes the bill(says “NO”)

The bill and the President’s reason

for refusal go back to Congress

3. Waits 10 business days and Congress adjourns

(ends their meetings)

Does not become a law(this is a “pocket veto”)

2/3 of Congress vote to pass it still,

it becomes a law

Congress could decide it won’t possibly pass and may just “let it go”

Any other things?