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Civics Core 100, Goal 2

Civics Core 100, Goal 2. Goal 2:The learner will analyze how the government established by the United States Constitution embodies the purposes, values, and principles of American democracy. Branches of Government. Legislative. The Legislative Branch is Congress :

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Civics Core 100, Goal 2

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  1. Civics Core 100, Goal 2 Goal 2:The learner will analyze how the government established by the United States Constitution embodies the purposes, values, and principles of American democracy.

  2. Branches of Government

  3. Legislative • The Legislative Branch is Congress : • House of Representatives (435) • Senate (100) • Make the laws • Legislative Powers: • Coin Money(Power of the Purse) • Interstate Commerce: Trade Between states • Declares Wars

  4. Executive • Enforces the Laws • President and Vice President and bureacracy • HELP JED C – Roles of the President • Head of State • Economic Leader • Legislative Leader • Party Leader • Judicial Leader • Chief Executive • Diplomatic Leader • Commander-in-Chief

  5. Judicial • Federal Courts: • Supreme Court • Appeals Courts • District Courts • Interprets the Laws • Settle civil disputes and decide the guilt or innocence of people accused of crimes

  6. Elastic Clause

  7. Elastic Clause • Also known as Necessary and Proper Clause • Allows Congress to its powers to meet new needs • Example: it is not written in the Constitution that Congress has the power to create an Air Force, however, the elastic clause allows this as part of its expressed powers to support the armies stretch

  8. Supremacy Clause

  9. Supremacy Clause • Article VI • The Constitution and other laws and treaties made by the national government “shall be the supreme Law of the Land” • If a national and state law are in conflict, the national law must be followed, the state law changed.

  10. Federalism

  11. Federalism • Power is shared by the national government and the states • Both are sovereign(right to rule), power from the people. • Types of Powers • Enumerated powers- powers of the national gov’t • Ex: military, coining money, • Reserved powers- powers of the state gov’t • Ex: education, intrastate commerce, creating local gov’t, elections • Concurrent powers- powers shared by both state and national • Taxing, courts, enforcing the law

  12. Levels of Government

  13. FEDERALISM POWER SHARED BY: STATE GOV'T CREATES: NATIONAL GOV'T LOCAL GOVERNMENTS

  14. Levels of Government • Federal • State • Independent Authority over people at the same time • Americans must obey federal and state laws &

  15. Popular Sovereignty

  16. Popular Sovereignty • The government should reflect the will of the people • Sovereignty= “right to rule” So popular sovereignty is THE PEOPLE SHOULD RULE • We show this through elections and political participation.

  17. Limited Government

  18. Limited Government • Minimal amount of government intervention in personal liberties and the economy • Spelled out in the Constitution and the Bill of Rights • Writ of Habeas Corpus • No Ex Post Facto Laws • No Bill of attainder

  19. Separation of Powers

  20. Separation of Powers • To protect against abuse of power and the possibility of one person or group gaining too much power • Divided Government into 3 branches • Legislative • Executive • Judicial • Montesquieu’s idea from the Enlightenment

  21. Checks and Balances

  22. Checks and Balances • To prevent any one of the three branches from becoming too powerful • System of checks and balances • Each branch of government is able to check or limit the power of the others

  23. Bill of Rights

  24. Bill of Rights • The 1st 10 Amendments to the Constitution • Limit the powers of the federal government

  25. 1st • RAPPS • Freedom of • Religion • Assembly • Petition • Press • Speech

  26. 2nd • Two bear arms

  27. 3rd • ¾ of soldiers • No quartering of soldiers

  28. 4th • Protection against unreasonable search and seizures

  29. 5th • Strive for Due Process! • Gov’t must respect all legal rights of people • Every person has right to grand jury • Double Jeopardy Clause • Eminent Domain- gov’t can take private land for public use but must pay for the land

  30. 6th • Right to a Speedy Trial and to an attorney 6

  31. 7th • Right to a jury • “Seven Civil”

  32. 8th • No Cruel or Unusual Punishment • No excessive bail • 8 looks like 2 nooses NO!

  33. 9th • People’s Rights • 9 = P backwards • People have other rights that are not defined in the Constitution

  34. 10th • States’ Rights? • Powers that are not specifically given to the national government are for states

  35. Suffrage Amendments THE RIGHT TO VOTE

  36. 15th Amendment • African American men are given the right to vote • 1870

  37. 19th Amendment • Women get the right to vote • 1920

  38. 26th Amendment 24th Amendment • No more poll taxes- don’t have to pay to vote • 1964 • Voting age set at 18 • 1971

  39. Brown v. Board of Education

  40. Brown v. Board of Education • 1954 • Supreme Court ruled that racial segregation in the public schools was unconstitutional • Segregation violated the 14th Amendment’s equal protection under the law • Desegregation of schools

  41. Marbury v. Madison

  42. Marbury v. Madison • Established that the Supreme Court had the power of judicial review • Judicial Review: Court can review any federal, state, or local law or action to see if it is constitutional (allowed by the Constitution) • If unconstitutional, can nullify, or cancel, the law or action • Judicial Review is a check on the legislative and executive branches because it prevents them from straying too far from the Constitution when they make or carry out laws

  43. Impeachment

  44. Impeachment • Constitution allows Congress to remove any federal official from office if they have committed serious wrongdoing • The House has the sole power toimpeach • Accuse officials of misconduct in office • Majority of House votes to impeach • Then, the Senate has the power to hold a trial, act as a jury, and decide official’s guilt or innocence (2/3 vote necessary to convict) if convicted, removed from office • Only 2 presidents have been impeached (1868: Andrew Johnson, 1998: Bill Clinton), but not removed from office

  45. Amendment Process

  46. 2/3 Congress propose(suggest) • ¾ States ratify(approve) • This process has been the one used in 26 of the 27 amendments passed.

  47. Amendment Process • Outlined in Article V of the Constitution • Proposal: • Congressional Action (2/3 vote from both Houses required) • OR • National Convention ( 2/3 of state legislatures) • Ratification: • ¾ of the states legislatures must ratify • Vote by either state legislature or state convention

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