NEW GOV ’ T

1. NEW GOV’T • -New government is much stronger in hopes of protecting America from enemies abroad and solve America’s internal problems • -power to tax • -regulate trade • Federal gov’t regulates trade with other countries and between the states • -strong executive • President given many powers (in charge of armed forces, can make treaties with other nations, etc.)

2. Preamble -An Introduction -Gives the purposes and goals of government (A thesis statement, in a sense) -We, the people of the United States, in Order to from a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common Defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

3. Preamble • The Preamble is the opening of the Constitution that states its purpose. • To form a more perfect union: unification for the good of all states • To establish justice: laws/courts that treat all fairly • To insure domestic tranquility: keep peace and order at home • To provide for the common defense: protect country from outsiders • To promote the general Welfare: prosperous lives for all • To secure the Blessings of Liberty to ourselves and our Posterity: guarantee freedoms for everyone, now and in the future

4. Article 1 -Describes the Congress and its powers -Divides Congress into two Houses -Sets qualification and terms of members -Describes law making process -Specifically denies certain powers to Congress (Article 1 Section 9) -Delegates certain powers to Congress (Article 1 Section 8) Ex.: taxation, borrow money, regulate commerce, coin money, declare war, establish military, Necessary and proper clause – last clause in Article 1 Section 8 that has been used to expand government power over the years

5. Congress was specifically banned from doing the following things: -Posing a direct tax, which was overturned by the 16th Amendment -Congress was banned for 20 years from touching the slave trade. (Check your pocket Constitutions to see this! See Article One Section 8 and 9) These major three things are still in effect today: -Congress shall not suspend the Writ of Habeas Corpus, or arresting and imprisoning someone without a trial -Congress shall pass no ex post facto laws, or passing laws and charging people who broke the law before it was a law -Congress shall not tax any exports

6. Article 2 -Describes the Executive Branch -Term and Qualifications (we should have already seen this in the pocket constitution) -Electoral method described (later amended) -commander in chief -make agreements with other leaders, appoint officials upon approval -Execute the laws of the United States (See Article 2, Section 2) -Impeachment process (See Article 2, Section 4)

7. Article 3 -Describes the Judicial Branch -Term and qualification of judges (Article 3, Section 1) -Jurisdiction of Federal Courts -Right to Trial by Jury in Federal Cases -Crime of Treason is defined – Treason is the only crime mentioned in the Constitution, and is punishable by death (Article 3, section 3)

8. Checks and Balances • Ensures that one branch will not become stronger than the other • Allows each branch to check, or restrain, the power of the others • These are defined in the Constitution in the first three articles • Checks and Balances is A Constitutional Principle

9. Checks and Balances • HOUSE is a check on SENATE - no statute becomes law without its approval, and vice-versa. They check each other. • EXECUTIVE (President) can restrain the LEGISLATURE using Veto Power. • LEGISLATIVE (Congress - Senate & House) has a check on EXECUTIVE by being able to pass, with 2/3 majority, a bill over President's veto. (or, just override a veto) • LEGISLATIVE (Senate) must approve EXECUTVE decisions in filling important posts and appointing judges. • LEGISLATIVE (Senate) must approve of EXECUTIVE before treaties with foreign nations can be effective.

10. More Checks and Balances • LEGISLATIVE (Congress) has the Power of the Purse (money) over the Executive • JUDICIARY is check on LEGISLATIVE and EXECUTIVE through its review of all laws (Judicial Review) • LEGISLATIVE has power to impeach members of JUDICIARY and EXECUTIVE if they break the law • EXECUTIVE (President) is check on JUDICIARY by having power to nominate new judges.

11. The terms • Veto – act of the President nullifying Congress’ laws • Override – Congress passes a law over the President anyway with 2/3rd vote • Impeach – Congress can convict the President or a judge of breaking laws • Treaty – an agreement with a foreign nation • Appoint – the President names people to his executive department or to judge/judicial appointments • Unconstitutional – the Judiciary (Supreme Court or Federal Courts) declaring a law to be against the US Constitution, which is the supreme law

12. Article 4 -Describes the relationship of states to one another and the central government -Full Faith and Credit clause describes the legal relationship between states, meaning they have to respect each others laws (Article 4 Section 2) -Extradition process described - moving a criminal from one state to another (Article 4, Section 2) -Addition of new states and territories -Guarantee of Federal protection from invaders

13. Article 5 • -Describes the amendment process Amendments: changes to the Constitution, only 27 times (the first ten are known as the Bill of Rights); purposely difficult to change (two part process) • Proposal: congressional action by 2/3 vote or 2/3 of state legislatures requesting a national convention • Ratification: vote of ¾ of the state legislatures or special convention

14. Only 27 of thousands of amendments have ever been made to the Constitution, and 10 of those were the Bill of Rights! Among some strange Amendments… 1. 1893: Rename the country ‘The United States of Earth’ 2. 1878: Replace the President by an executive council of three 3. 1876: Abolish the United States Senate 4. 1894: Recognize God & Jesus Christ as the “supreme authority” in human affairs 5. 1876: Bar religious leaders from holding political office 6. 1912: Forbid interracial marriage 7. 1914: Ban divorce 8. 1916: Put acts of war to a national vote with those voting in the affirmative being required to enlist 9. 1933: Limit personal wealth to $1 million 10. 1938: Ban drunkenness in the US & its territories 11. 1971: Give American citizens the inalienable right to be free from polution http://www.buzzfeed.com/daves4/11-amendments-you-wont-believe-were-actually-prop#.gwDRPjqkzv

15. Article 6 -Describes the supremacy of the Constitution and the national government -Statement that the Constitution is the Supreme Law of the nation (Supremacy Clause) -requirement of an oath of office in all State and Federal positions to support the Constitution

16. Article 7 -Describes the process of ratification of this Constitution -Set up the approval method for the Constitution

17. Principles of the Constitution • Popular sovereignty: the right to rule comes from the people (elections ensure this principle) • Rule of law: laws apply to everyone, even those that govern • Federalism: idea that the national and state governments work together but the Constitution is the supreme law of the land and the national nor state governments can violate it • Expressed powers: enumeratedpowers only for national government • Reserved powers: powers delegated to the states • Concurrent powers: powers shared by both the national and state governments

18. Separation of Powers • Split of authority amongst the national government into three separate branches • Legislative • Executive • Judicial

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

20. 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 • Two things to remember: • 1st, the needs of society come before the needs of the individual • 2nd, your rights generally extend to the point that you would be violating someone elses rights. Society?? Individual??

21. The first amendment—5 rights mentioned • Freedom of Speech • Freedom of Religion • Freedom of the Press • Freedom of Assembly • Right to petition the government • Remember this as R.A.P.P.S. Religion, Assembly, Press, Petition, and Speech!!!

22. Freedom of Religion • “Congress shall make no law respecting an establishment of religion or prohibiting the free exercise there of” • Two clauses: • Establishment Clause—Government cannot mandate religion • Free Exercise clause – government allows you to practice any religion you wish

23. Freedom of Religion -Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof -Establishment Clause – country will not have an official religion -Separation of Church and State – religion is supposed to stay out of politics -Faith Based Social Welfare Programs are challenged

24. 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 as coming from the Bible (i.e., you now see it taught as “intelligent design”

25. Free Exercise—The personCan Cannot • Choose whatever religion • Lead a prayer in most examples • Ask questions about religions • Worship who ever you want • Break the law and claim it is religious belief • Raise children without education • Deprave children of basic needs

26. 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

27. 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 • Slander -spread spoken lies

28. Freedom of Speech -Congress shall make no law…abridging the freedom of speech -Regardless of content (usually) -Limitations -Slander-cannot lie to destroy someones character -Clear and Present Danger – cannot create a public danger (Courts determined this)

29. Freedom of the press-the pressCan Cannot • Print any political position • Make fun of people, especially politicians • Expose wrongs by the government (allegedly) • Say things you might not agree with • Libel– intentionally injuring a person’s reputation by false facts via printed media • Disclose defense-security secrets • Detail how to make a certain weapons

30. Freedom of the Press -Congress shall make no law…abridging the freedom… of the press -Limitations -National Security – you cannot endanger the country through the press -Juveniles have right to privacy

31. 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, or otherwise destroying property • Hang out on private land against owners will—loitering • Teen curfew

32. Freedom to Assemble -Congress shall make no law…abridging the right of the people peaceably to assemble -must be peaceful -permits may be required

33. Freedom to Petition -Congress shall make no law…abridging the right of the people … to petition the government for a redress of grievances -government is not required to respond or take action -it’s simply a request

34. Petition the Government • “Congress shall make no law . . . Abridging . . . the people. . . to petition the government for a redress of grievances”

35. 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

36. Court Ruling: The Bible cannot be read as a religious document in schools. Court Rulings on the 1st Amendment Court Ruling: Burning a U.S. flag is a protected speech under the 1st Amendment. Court Ruling: Speech in a school newspaper can be limited by the Principal Court Ruling: Freedom of speech can be limited if it presents a “Clear and Present Danger” Court Ruling: Prayer in school is not permitted However, prayers can take place and religious groups can exist, but they must be student organized and student led Court Ruling: Students have 1st amendment freedoms so long as it is not disruptive to the school

37. 2nd Amendment—Right to bear arms (guns) • “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.”

38. 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?

39. Right to Bear Arms -A well regulated militia, being necessary to the security of a free State, the right of the people to keep and bear arms, shall not be infringed. Should these things be legal? Current debates: -gun control laws? -”assault” weapons ban? -firearm registrations? -concealed carry?

40. Gun debate continued • Thousands of people die every year because of guns • Thousands of crimes are prevented because of guns

41. Third Amendment • The Government cannot force you to shelter (quartering) soldiers in your home without your consent in time of peace. Can only do so in war times with the authorization of Congress. • (right to privacy?)

42. Rights of the Accused Amendments #4-8Important to preserve freedom ( REMEMBER THIS!)

43. Fourth Amendment • No illegal search and seizure • What does a policeman need in order to search your home? • A warrant given to him by a judge • Probable cause is also needed

44. 4th Amendment -The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated… -probable cause -search warrants -”Patriot Act” -Does modern wire tapping violate this? “big brother” -plain view rule – if an object is within “plain view” then itdoesn’t require a warrant. Expanded to smell and sound.

45. What the Supreme Court has to say…. Court Ruling: A warrant is required for searches, and any evidence gathered without a warrant cannot be used. Court Ruling: Students can be searched without a warrant, “reasonable suspicion”

46. Fifth Amendment • You cannot be tried for the same crime twice—called “Double Jeopardy” • You have the right to remain silent. You do not have to testify against your self (often referred to as self-incrimination) . “I plead the fifth” • You must have due process of law before you are convicted • You may not be denied “life, liberty, or property.” The government cannot take your land unless it pays. Limits powers of eminent domain, the right of the government to take private property for public use • Case presented to a grand jury

47. Sixth Amendment • You must be told of charges • You have the right to a lawyer • Right to speedy trial by impartial jury—meaning not favoring either side

48. Supreme Court Cases Court Ruling: Juveniles have to receive the same rights as adults do in criminal cases Court Ruling: People accused of a crime have to be informed of their rights. Court Ruling: You have a right to an attorney in all criminal cases, and the courts must provide one

49. Seventh Amendment • You have the right to trial by jury in a civil case.

50. Eighth Amendment • No excessive bail or fines • No cruel and unusual punishment