constitutional government kyle stumpf. weaknesses of the articles of confederation difficult to...
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Constitutional Government
Kyle Stumpf
Weaknesses of the
Articles of Confederati
on
Difficult to amend/chan
ge the Articles
because a unanimous vote was needed
No executive branch to enforce
laws
No means to
regulate trade with
foreign countries.
Congress lacked the power to collect taxes.
No common currency
No judicial branch to interpret
laws
It was difficult to pass laws because 9
of 13 states approval
was needed.
Constitutional Convention
When/Where/Who
Why
•September 1787
•Congress met for a Constitutional Convention
•Articles of Confederation were not working•A stronger central government was needed
Principles
Separation of powers with 3 branches of government
Checks and balances so that no branch was too powerful
Guarantees equality under the law with majority rule and the rights of the minority protected
Constitutional Convention
They created the U.S. Constitution
A written plan for the structure of the U.S.
government.
PrinciplesAffirms individual worth and
dignity of all peopleProtects the fundamental
freedoms of religion, speech, press, assembly, and petition
A “living document”
About the Constitution • describes the structure of
the government and the rights of the American people.
• No law may be passed that contradicts its principles
• no person, or the government, is exempt from following it.
• This is why it is commonly called the "supreme law of the land".
The Constitution is organized into three parts:
• 1. Preamble describes the purpose of the document and government
• 2. Articles establish how the government is structured and how the Constitution can be changed. There are seven articles
• 3. Amendments changes to the Constitution; the first ten are called the Bill of Rights
Weaknesses of the Articles of
Confederation
• Unicameral Congress.• No executive branch.• Few powers given to
national government.• Congress was elected by
the state legislatures.• Congress had no power to
regulate trade.• Congress had no power to
coin money.• Congress had no power to
establish armed forces.
Strengths of the Federal Constitution
• Bicameral Congress.• President given power to
enforce laws.• Congress elected by the
people (Senate after Amendment 17)
• Simple majority needed to pass laws.
• Congress given power to collect taxes.
• Congress given power to coin money.
• Congress given power to forms army and navy for national defense.
FEDERALISM
Federalism
The division of power between the national government and the
governments of the 50 states.
• The powers of government are divided between the national government and the state governments.
• The national government governs the people of the entire country
• Federal Government- The national government is called the “Federal Government”
• The federal government is “the supreme law of the land” that all states must defer to.
• Each of the 50 states has its own government.
• State governments govern the people living in each state.
• Federal System- refers to the country’s system of government including both the national government and the governments of the 50 states.
• All powers that the Constitution does not give to the federal government remain with the state governments.
Federalism
Delegated/Enumerated Powers National
Government
• Give the federal government strength to protect and serve the country.
• -Coin money• -Declare war• -Admit new states• -Establish armed
forces• -Regulate patents
and copyrights• -Regulate foreign
trade
Concurrent Powers
Both National and State
Governments
Held by both state and federal governments
• -Collect taxes• -Enforce laws• -Borrow money• -Establish
courts• -Provide for the
general welfare
Reserved Powers State Governments
Kept for the states to manage their own
affairs and to balance the power of the
federal government.
• -Regulate intrastate commerce (trade)
• -Conduct elections• -Incorporate businesses• -Voter qualifications• -Establish local
governments• -Regulate school• -Conduct Elections• -Establish marriage laws• -Assume powers not given
to the national government and not denied to the states
• -Protect the health, safety and welfare of the people.
The Preamble
The Constitutional Preamble
Outlines the goals of the government that it created
Goals of the Preamble
What it means
Where it is found in
the Constitutio
nWe the people of the United States, in Order to form a more perfect union
To create a better
government than that
provided by the Articles
of Confederatio
n
By creating a policy making
executive branch and by
giving Congress the power to tax,
the new Constitution avoided the
worst difficulties of the Articles of Confederation
Goals of the Preamble
What it means
Where it is found in
the Constitutio
nEstablish Justice To make laws
and establish a fair court
system
The Constitution created the
U.S. Supreme court and the
judiciary Act of 1789 created the rest of the federal court
system
Goals of the Preamble
What it means
Where it is found in
the Constitutio
nInsure Domestic
tranquilityTo maintain
law and order at home
The federal government shares with
state governments
the task of maintaining
law and order at home.
Together they are responsible
for enforcing laws.
Goals of the Preamble
What it means
Where it is found in
the Constitutio
nProvide for the
common defense
To protect the nationagainst its enemies
The Constitution authorized Congress to
create an army and a navy.
Goals of the Preamble
What it means
Where it is found in
the Constitutio
nPromote the
general welfareTo ensure the well
being of the entire
population
Over time, the U.S.
government has given all citizens the
right to vote.
Goals of the Preamble
What it means
Where it is found in
the Constitutio
nAnd secure the
blessings of liberty to
ourselves and to our posterity
To safeguard people’s personal freedom
The Bill of Rights
Goals of the Preamble
What it means
Where it is found in
the Constitutio
nDo ordain and establish this
Constitution for the United States of America.
Create this form of
government for the
country.
Separation of Powers
Separation of Powers
Distributes power equally among three branches of government
Ensures no person or branch of government is
too powerful
Legislative Branch• Created in Article I
• Congress is the lawmaking branch
• Made up of 2 houses: the Senate and the House of Representatives
Powers of the Legislative
Branch
• Makes the laws• Confirms presidential
appointments• Approves treaties• Grants money• Declares war
Executive Branch• Created in Article II
• Executes the country’s laws
• Headed by the President
Powers of the Executive Branch
• Proposes laws• Approves or vetoes laws• Administers and executes
the laws• Commands the armed
forced• Appoints ambassadors,
federal judges and others• Conducts foreign policy• Makes treaties
Judicial Branch• Created in Article III• Interprets laws and
punishes lawbreakers• Supreme Court is the
head of the judicial branch
Powers of the Judicial Branch
• Interprets the Constitution and other laws
• Reviews lower court decisions
Checks and Balances
•* Each branch has powers that no other branch can have•* Each branch has powers that limit the powers of the other two branches•* Ensures that no branch becomes too powerful
Legislative Checks
Over The Executive
branch
• Overrides vetoes• Approves federal
judges
Over The Judicial branch
• Approves federal
judges• Impeaches federal
judges
Executive Checks
OverThe Legislative
branch
• Vetoes acts of Congress
• Calls Congress into special session
Over The Judicial branch
• Appoints federal judges
Judicial Checks
OverThe Legislative
branch
• Declares laws unconstitutional
OverThe Executive
branch
• Declares executive acts unconstitutional
The Bill of RightsThe 1st Ten Amendments
to the Constitution
Bill of Rights
Why?• 1st Federal Congress
wanted a written list of individual rights
• To protect against abusive government power.
• Influence of other documents (Virginia Statute of Religious Freedom; Virginia Declaration of Rights)
What Principle?
• Individual Freedoms
• Protections against the government
• Rights of citizens accused of crimes
The First Amendment5 Protected Freedoms
• Freedom of Speech• Freedom of Religion • Freedom of the
Press• Freedom of
Assembly• Right to petition the
government
2nd AmendmentRight 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.”
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?
3rd Amendment• The
Government cannot force
you to shelter soldiers in your home without
your consent in time of war or
peace.
4th 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
5th 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. (eminent domain)
6th Amendment•Right to
speedy trial by impartial jury—meaning not favoring either side
6th Amendment• You must be told
of charges• You must be
provided a lawyer if you cannot afford one
7th Amendment• Allows a jury trial in
Civil Cases when the amount disputed is more than $20.
8th Amendment• No
excessive bail
• No cruel and unusual punishment
Prisoner kissing his Mom in prison
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
1st Amendment
5 Freedoms protected by the U.S. Constitution
Petition the Government
• “Congress shall make no law . . . Abridging . . . the people. . . to petition the government for a redress of grievances”
Petition• Freedom to make
views known to public officials
• Grievance with government policy
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
Freedom of Religion• “Congress shall make no law
respecting an establishment of religion or prohibiting the free exercise there of”
Religion• Freedom to
exercise religion
• Government can’t establish an official religion
• Government can’t endorse a religion
Free Exercise— The personCan Cannot
• Choose whatever religion
• Lead a prayer in most examples
• Ask questions about religions
• Worship whoever or whatever you want
• Break the law and claim it is religious belief
• Raise children without education
• Deprave children of basic needs
Establishment clause-Government
CAN• Teach about religions
in school• Allow voluntary prayer
in many examples• Transport students to
a religious school• Read Bible for culture
or literacy content
CAN NOT
• Set a state religion • Government cannot
order a prayer• Teach religious
doctrine in the school• Pay seminary teachers• Teach creationism
Freedom of Assembly
• Congress shall make no law . . . Abridging . . . The people to peaceably assemble”
Assembly• Freedom to
gather peacefully
• Political rally• Protest march• Sit in
Freedom of Assembly– The Individual
CAN• Protest • Parade (with a
permit)• Parade chanting
hate slogans• Gang members can
congregate in public
CANNOT• Protest by throwing
rocks and breaking windows
• Hang out on private land against owners will—loitering
• Break teen curfew
Freedom of Speech• “Congress shall make no laws . . .
abridging the freedom of speech”
Speech
• Freedom to express opinions and beliefs
• Not absolute• Obscenity is not
protected
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
Free speech— A person CANNOT
• 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
Freedom of the Press
• Congress shall make no law . . . abridging . . . the freedom of the press.”
Press• Freedom to gather
and publish information
• Freedom to criticize the government
Freedom of the press- The press
CAN• Print any political
position• Make fun of people,
especially politicians• Expose wrongs by
the government• Say things you
might not agree with
CANNOT• Libel– intentionally
injuring a person’s reputation by false facts
• Disclose defense-security secrets
• Detail how to make a certain weapons
The Constitution establishes and protects our 1st
Amendment freedoms, but there are limits!!
Constitutional Amendments
A “Living Document”
The framers of the Constitution planned a system of government that could adapt to the changing
conditions and needs of the country.
The Constitution is called a living document because
it can be changed.
A Living Document
Adaptability- Amendments
• An amendment is a written change to the Constitution.
• The amendment process is complex; to date only 27 amendments have been added.
• The first 10 amendments are called “The Bill of Rights.”
Flexibility- Elastic Clause
• Also known as the “necessary and proper clause
• ”Allows Congress to extend its delegated powers.“to make all laws which shall be necessary and proper for carrying into execution the foregoing powers”
• Permits Congress to pass laws related to situations that have developed since the writing of the Constitution.
Process for Amending the Constitution
•Action by Congress or Convention
(2/3 of Congress)
•Ratification by the states
(3/4 of States)
Eleventh Amendment (1795)
Clarifies judicial power over foreign nationals, and limits ability of
citizens to sue states in federal courts and under federal law.
Twelfth Amendment (1804)
Changes the method of presidential elections so that members of the electoral college cast separate ballots for president and vice
president
Thirteenth Amendment (1865)
Abolishes slavery and grants Congress power to enforce abolition.
Fourteenth Amendment (1868):
Defines United States citizenship; prohibits states from abridging citizens' privileges or immunities
and right to due process and the equal protection of the law; repeals the three-fifths
compromise.
Fifteenth Amendment (1870)
Prohibits the federal government and the states from using a citizen's
race, color, or previous status as a slave as a qualification for voting.
Sixteenth Amendment (1913)
Authorizes unapportioned federal taxes on income.
Seventeenth Amendment (1913)
Establishes direct election of senators.
Eighteenth Amendment (1919)
Prohibited the manufacturing, importing, and
exporting of beverage alcohol.
Repealed by the Twenty-
First Amendment.
Nineteenth Amendment (1920)
Prohibits the federal government and the states from using a citizen's sex
as a qualification for voting
Twentieth Amendment (1933)
Changes details of Congressional and presidential terms and of presidential succession.
Twenty-first Amendment (1933)
Repeals Eighteenth Amendment but permits states to retain prohibition and ban the importation of alcohol.
Twenty-second Amendment (1951)
Limits president to two terms.
Twenty-third Amendment (1961)
Grants presidential electors to the District of Columbia.
Twenty-fourth Amendment (1964)
Prohibits the federal government and the states from requiring the payment of a tax as a qualification for voting for federal officials.
Twenty-fifth Amendment (1967)
Changes details of presidential succession, provides for temporary removal of president, and provides
for replacement of the vice president.
Twenty-sixth Amendment (1971)
Prohibits the federal government and the states from using an age
greater than 18 as a qualification to vote.
Twenty-seventh Amendment (1992)
Limits congressional pay raises.