The Constitution Handbook

IntroductionServing as the framework of national

government and the source of American citizens’ basic rights, the Constitution is the most important document of the United States. To preserve self government, all citizens need to understand their rights and responsibilities.

Seven Major Principles1) Popular Sovereignty2) Republicanism3) Limited Government4) Federalism5) Separation of Powers6) Checks and Balances7) Individual Rights

Popular Sovereignty and RepublicanismPeople consent to be governed and specify

the powers and rules by which they shall be governedPut the above phrase in your own words.

A system of interlocking responsibilities creates limited power

Voters have the ultimate authority to elect or not re-elect representatives

Limited GovernmentArticles I, II, and II of the Constitution

describe the powers of the federal government and the limits of those powers

Other limits are set forth in the Bill of Rights

Federalism – state and the national government sharing powerStates deal with their needs in their own wayThe National government helps the states act together

to deal with matters that affect all Americans

Three Types of Gov. PowerEnumerated – coin money, regulate interstate and foreign

trade, maintain armed forces, and create federal courtsReserved – establish schools, set marriage and divorce

laws, and regulate trade.Concurrent (national and state gov. share) – right to raise

taxes , borrow money, provide for public welfare, and administer criminal justice. Constitution is the supreme law of the land

Separation of Powers•Carries of the laws•Voters indirectly elect president through electors

Executive Branch

(President)

•Makes the laws•People vote for members

Legislative Branch

(Congress)

•Supreme court and other federal courts•Interprets and applies laws•President nominates federal judges

Judicial Branch

Checks and Balances

President

• Can veto a law passed by Congress

Congress

Can override a veto if 2/3 of both senate and house vote to approve law

Judicial

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Individual RightsBill of Rights – First ten amendments added

to the Constitution in 1791Provide freedom of speech, religion, and the

right to trial by jury17 more amendments were added to the

ConstitutionIncluding the abolishment of slavery,

guaranteed voting rights, authorize an income tax, and set a 2/3 limit on the presidency.

The Legislative BranchIncludes House of Reps and the SenateTwo Primary Roles

Make the lawsDecide how federal funds are spent

All tax and spending bills must start in the House and be approved by the Senate

Congress also monitors the executive branch and investigates abusesThe House can impeach any federal official

The Senate acts as the court and tries the official

Additional Senate PowersRatify Treaties Made by the SenateMust confirm presidential appointments

How a Bill Becomes a Law1. Member of Congress introduces bill, referred to committee

for review.2. Committee decides to shelve it or send it back for revisions.3. House or senate debates bill and can make revisions. If bill

is passed, it is sent to other house4. House and Senate meet to compromise if they both pass a

similar bill.5. Compromise bill is then sent to both houses.6. If both houses pass the bill, it is sent to the president to

sign.7. If president signs it becomes the law8. President may also veto bill9. If House and Senate can garner 2/3 vote they can overrule

president

The Executive BranchThe President’s Role

Chief Executive – responsible to carry out the nation’s laws

Commander in Chief – directs military operations, can send troops to other nations for up to 60 days, may remain longer only if Congress declares war.

Chief of State - Symbolic representative of all Americans

Legislative Leader – proposes laws and presents his goals in the annual State of the Union address.

Appoints the leaders of 15 Executive Cabinets

The Judicial Branch District and Appellate Courts

94 District Court – at least one in every state Here federal issues such as tax evasion, kidnapping, and free

speech Appellate Courts her appeals of a verdict

US Supreme CourtFinal authority in the federal court systemChief justice and eight associatesCourt Independence – president appoints justices for

life and senate confirms appointments, public has no input.

Judicial Review – ultimate authority to interpret the constitution

Rights and Responsibilities as protected by the ConstitutionThe Rights of Americans

Protection from Unfair Actions Right to a lawyer, trial by jury, protection from

unreasonable search and seizures

Equal TreatmentRight to be treated under same law5th Amend provides due process – no person

shall “be deprived of life, liberty, or property, without due process of law.”

14th Amend provides equal protection of laws

Rights and Responsibilities Cont..Basic Freedoms

Described in First Amendment Freedom of speech, religion, press, and the right to

petition Allows citizens to criticize the government to an extent,

in speech or in the press, without the fear of punishment.Limit on Rights

Rights are not absoluteLimited based on the principle of respecting each others

rights Many cities require groups to obtain a permit to march. The goal is to create a balance between citizens rights

and the rights of the government.

Citizens Duties & ResponsibilitiesDuties

One basic duty of all American is to obey the law Laws serve three functions

1) Maintain order 2) They protect health, safety, and property of all citizens 3) Make it possible for people to live together peacefully

Americans are required to pay taxes Taxes are used to defend the nation, build roads and bridges,

and to assist people Defend the Nation

All males 18 or older must register with the government Trial by Jury – All Americans have the right to trial by jury

People 18 and older can be called to jury duty Education – Schools require citizens to attend school to a

certain age.

Citizens Duties and Responsibilities Cont...Active citizens

Informed of local, state, and national issuesBeing informed helps citizens maintain a

responsible and responsive governmentRespecting the Rights of Others

Our democracy also supports respecting others regardless of race, religion, beliefs or other differences

VotingAllows one to participate and guide the

governmentCitizens can also directly contact their local,

state and national representatives.