constitutional rights
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Constitutional Rights. Chapter 3. Foundations of Our Constitution. Lesson 3-1. Goals. Name the documents written in the course of our nation’s founding Explain the relationship between the Declaration of Independence and the Constitution. Nation’s Framing Documents. - PowerPoint PPT PresentationTRANSCRIPT
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Constitutional Rights
Chapter 3
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Foundations of Our Constitution
Lesson 3-1
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Goals
Name the documents written in the course of our nation’s founding
Explain the relationship between the Declaration of Independence and the Constitution
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Nation’s Framing Documents
Declaration of Independence Articles of Confederation U.S. Constitution Bill of Rights
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Declaration of Independence
13 original American colonies met in Philadelphia
Adopted on July 4, 1776 It declared that, “All men are created equal. .” Appendix B – page 646
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Articles of Confederation
13 Sovereign states united in 1781 under a charter
Promised the following1. One house legislature (Continental Congress)
with 2-7 representatives from each state; each state had 1 vote
2. Strict term limits places on members of Congress; subject to recall by their state
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Articles of Confederation (cont)
3. Power to declare war, make peace, enter into treaties and alliances, manage relations with Indian nations, coin money, settle differences between states, establish a postal system, and appoint a Commander in Chief
4. A national defense that would be paid for by the national government
5. States would be asked, rather than required, to make payments to the national treasury
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Articles of Confederation (cont)
6. Major legislation, including bills relating to finance, would require a 2/3 vote for passage
7. Amendments to the Articles would require a unanimous vote of the states
**Felt a need for a stronger central government than the one the Articles provided – led to the calling of a convention of delegates from the original 13 states
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The Original 13
1. Delaware2. Pennsylvania3. New Jersey4. Georgia5. Connecticut6. Massachusetts7. Maryland8. South Carolina
9. New Hampshire10. Virginia11. New York12. North Carolina13. Rhode Island
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U.S. Constitution
Convention held in Philadelphia in the summer of 1787– Drafted the initial US Constitution
7 articles provided a framework for the federal government “of the people, by the people, and for the people.”
By June 1788 – 9 states ratified March 4, 1789 – Congress declared effective and binding (9
states ratified)– 4 states (VA, RI, NY, NC) claimed the wording failed to provide
adequate protection of the human rights Situation resolved by the adoption of the Bill of Rights
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Bill of Rights
The first 10 amendments to the Constitution Enacted as a shield against the possible
violation of human rights
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Bill of Rights (cont)
Freedom of religion (I) Freedom of speech (I) Freedom to assemble
peaceably (I) A well regulated militia (II) Right to keep and bear arms
(II) Security in person and
property against unreasonable searches and seizures (IV)
Right to remain silent if accused of a crime (V)
Right to enjoy a speedy and public trial by an impartial jury (V-VI)
Right to not be tried for the same crime twice (V)
Right to fair compensation for private property taken by the government for a public purpose (V)
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Bill of Rights (cont)
Protection from the taking of life, liberty, or property without due process of law (V)
Right to a defense counsel in a trial and to confront witnesses against oneself (VI)
Protection from cruel or unusual punishment if convicted of a crime (VIII)
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Assignment
Lesson 3-1 Worksheet Page 44 #1-9, 12
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Amendments to the Constitution
Lesson 3-2
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Goals
Discuss how the Constitution has been a shield against violations of basic human rights
Identify the basic human rights protected by the Bill of Rights and subsequent amendments
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Assignment
Read lesson 3-2 and take notes Page 49 #1-11 & 14
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Division and Balance of Powers
Lesson 3-3
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Goals
Discuss how the Constitution created a system of checks and balances
Explain how the power to govern is divided between the federal and state governments
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Checks and Balances
System of checks and balances – Gives specific authority to each of the 3 basic
branches of government
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Branches of Government
Legislative Executive Judicial
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Branches of Government
Legislative (Congress)1. Senate – 2 members from every state –
regardless of population2. House of Representatives – seats allocated to
the states in proportion to their population– Majority vote of BOTH bodies is required for
passage of any bill
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Branches of Government (cont)
Legislative – The House has the power to initiate the impeachment of
any civil officer of the US (including Pres and VP) for bribery, misdemeanors, or other high crimes
– Senate has the sole power to try all impeachment cases (2/3 passage)
Impeachment Case – trying a government official for misconduct in office
– People may vote out representatives in elections House (2) Senate (6) Executive Office (4)
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Branches of Government (cont)
Executive (President)– Headed by the President & VP– Elected by a vote of the people
Not elected directly by people – most votes may not be elected (1824, 1876, and 1888)
– Political Party – private organization of citizens who select and promote candidates for election to public office
Agree on important government policies and legislation Political parties not mentioned in the Constitution
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Branches of Government (cont)
Judicial (Supreme Court)– Headed by the Supreme Court
Decides on the constitutionality of a statute passed by the legislative branch and signed by the President (executive)
Decides if actions by the President exceed the powers granted (void)
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Changing the Constitution
Amendment– Change or alteration
Constitution may be amended in 2 ways:1. Proposed by a 2/3 majority vote in both the Senate and
the House (has been used by all amendments to date)2. Requires the legislatures of 2/3 of all the states to call a
convention of all the states• The amendment becomes a valid part of the
Constitution only if it is ratified by the legislatures of ¾ of the states
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Our Form of Government
Democracy – governmental system in which citizens vote directly to decide issues
– Every adult citizen may vote on all issues (virtually impossible because millions of people)
Republic – (representative democracy) governmental system in which citizens elect representatives to decide issues
– Voters select their representatives to the legislative, executive, and judicial branches
Few people actually exercise their right to vote
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Does the Federal Government Have Total Governing Power?
X Amendment – acknowledges the continued sovereignty of all the states to govern their own citizens within their own borders
– Powers by the state – business law, contract law, most criminal law, tort law, real property, probate law, and domestic relations law
Sovereignty – freedom from external control Constitution is a shield against unlimited power of
the federal gov– “the supreme law of the land”– Prevails over any possible contrary state constitution or law
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Powers of the Federal Government
Duty to protect every state from invasion Raise and support armies, a navy, and an air force for national
defense Exclusive power to regulate interstate commerce and foreign
commerce– Each state can regulate intrastate commerce
Establish post offices, coin money, and tax imports and exports Both federal and state can impose other taxes (on sales and on
incomes) The people, through votes, ultimately control the entire
government structure
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Assignment
Page 53 #1-10 3-3 Worksheet Chapter 3 Test (Practice)