The Principles of the United States Constitution

1. 1 The Principles of the United States Constitution

2. 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

3. 3 Types of Government

4. 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

5. 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

6. 6 Federalism The division of power between State and National Governments Some powers are shared The National Government has the �supreme power�

7. 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�

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9. 9 Purpose of the Charters

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22. 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

23. 23 PREAMBLE TO CONSTITUTION WE THE PEOPLE in order to

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25. 25 CIVICS TEST #1 SOL CE.2

26. 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}

27. 27 NATURALIZATION PROCESS

28. 28 NATURALIZATION REQUIREMENTS

29. 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

30. 30 The Bill of Rights The first 10 amendments To the U. S. Constitution

31. 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

32. 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. 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. 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. 35 Establishment Clause�Government cannot promote religion

36. 36 Establishment clause-Government Cans 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. 37 Free exercise of religion

38. 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. 39 Freedom of speech �Congress shall make no laws . . . abridging the freedom of speech�

40. 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. 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. 42 Freedom of the press Congress shall make no law . . . abridging . . . the freedom of the press.�

43. 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. 44 Freedom of Assembly Congress shall make no law . . . Abridging . . . The people to peaceably assemble�

45. 45 Freedom of Assembly--Individual Can 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. 46 Petition the Government �Congress shall make no law . . . Abridging . . . the people. . . to petition the government for a redress of grievances�

47. 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. 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. 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. 50 Gun debate continued Thousands of people die every year because of guns Thousands of crimes are prevented because of guns

51. 51 Third Amendment The Government cannot force you to shelter soldiers in your home without your consent in time of war or peace.

52. 52 Rights of the Accused Amendments #4-8Important to preserve freedom

53. 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. 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. 55 Sixth Amendment Right to speedy trial by impartial jury�meaning not favoring either side

56. 56 Sixth Amendment continued You must be told of charges You must be provided a lawyer if you cannot afford one

57. 57 Eighth Amendment No excessive bail No cruel and unusual punishment

58. 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

59. 59 RESPONSIBILITIES OF CITIZENS

60. 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.)

61. 61 TRAITS OF GOOD CITIZENS Trustworthy Honest Courteous (respect for others) Responsibility, accountability, and self-reliance Respect for the law (rules) Patriotism

62. 62 Test #2CivicsSOLs CE.3 & CE.4

63. 63 FUNCTIONS OF POLITICAL PARTIES Recruiting and nominating candidates Educating the electorate about campaign issues Helping candidates win elections Monitoring actions of officeholders

64. 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)

65. 65 EVALUATING CAMPAIGN MATERIALS Separate fact from opinion Detect bias Evaluate sources Identify propaganda

66. 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

67. 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!!!)

68. 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.

69. 69 CIVICS TEST #3 SOLS CE.5A-5F

70. 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

71. 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

72. 72 BRANCHES OF GOVERNMENT

73. 73 BRANCHES OF GOVERNMENT PICTURE

74. 74 Checks and Balances Prevents the abuse of power in government Each branch can check each other branch

75. 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

76. 76 Legislative Checks Override president�s veto Ratify treaties Confirm executive appointments Impeach federal officers and judges Create and dissolve lower federal courts

77. 77 Executive Checks Propose laws to Congress Veto laws made by Congress Negotiate foreign treaties Appoint federal judges Grant pardons to federal offenders

78. 78 Judicial Checks Declare executive acts unconstitutional Declare laws unconstitutional Declare acts of Congress unconstitutional The Supreme Court holds the final check

79. 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!

80. 80 CIVICS TEST #4 SOLS CE.6A-6D

81. 81 THE GREAT COMPROMISE

82. 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

83. 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

84. 84 Executive Branch The President of the United States Chief Executive Chief of State Chief Legislator Commander in Chief

85. 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

86. 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.

87. 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

88. 88 CIVICS TEST #5 SOLS CE.7A-7B

89. 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�

90. 90 VIRGINIA COURT SYSTEM

91. 91 UNITED STATES COURT SYSTEM

92. 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.

93. 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.

94. 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

95. 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.

96. 96 CIVICS TEST #6 SOLS CE.8A-8D