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Semester 2 CIVICS: What You Will Need to Know! The U.S. Constitution
The Preamble “We the people of the United States in order to form 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.”
The Seven Articles (LEJ RASR) Article I – The Legislative Branch
o Makes the Laws o Includes a Bicameral Congress with
a Senate and House of Representatives
Article II – The Executive Branch o Enforces the Laws o Includes the President and Vice
President Article III – The Judicial Branch
o Interprets the Laws o Includes the Supreme Court
Article IV – Relations of the States (Federalism)
o Explains the relationship between the states and national government
Article V – Amending the Constitution o Explains how the Constitution can be
changed Article VI – Supremacy Clause
o The Constitution is the highest law in the land
Article VII- Ratifying the Constitution o The Constitution is approved when 9
out of 13 states ratify it
Amending the Constitution An amendment is any change that is made to the Constitution. There are a total of 27 Amendments. The first 10 are called the Bill of Rights!
The Constitution provides 2 ways for proposing amendments and 2 ways for ratifying amendments:
Step 1: The amendment
is proposed by: A 2/3 vote of both houses of Congress
-Or- A national convention called by 2/3 of the 50 states.
Step 2: The amendment
is ratified by: A 3/4 vote of the 50 state legislatures
-Or- A 3/4 vote of state conventions called by each of the 50 states.
Interpreting the Constitution The framers knew that the world would change in ways they could not predict. So they wrote the “Elastic Clause” which gives Congress the power to make all laws “necessary and proper” to carry out its duties. This way, Congress can stretch its power with “Implied Powers”
Semester 2 CIVICS: What You Will Need to Know! The Five Principles of the U.S. Constitution
Popular Sovereignty The idea that the power of the government lies with the people. Thomas Jefferson confirmed this in the Declaration of Independence, when he stated that a nation should be run by the “consent of the governed.” It was included in the Constitution with the phrase “We the People.” We use popular sovereignty today through our representative democracy processes of holding elections.
Limited Government and the Rule of Law
The Constitution limits the powers of the federal and state governments in order to protect the people from tyranny. Under the Constitution, the government is limited by the “rule of law.” This means that the law applies to everyone, even those who govern.
Separation of Powers
To keep any one person or group from holding too much power, the framers divided the government into three branches. This was an idea stemmed from Baron de Montesquieu. Each branch has its own tasks, as detailed in their own Articles in the Constitution
Checks and Balances
Even with separation of powers, the framers feared that one branch of government could gain control of the other two. To keep the three branches balanced in power, each branch has ways of checking, or limiting, the power of the other two. For example: Legislative – can impeach, override vetoes, confirm appointments Executive – can veto laws, appoint judges/justices Judicial – can declare laws and executive actions unconstitutional
Federalism
The framers placed limits on the national government to prevent tyranny by granting some powers to the states. In this federal system, powers are divided and shared among the national, state, and local levels of government. Delegated Powers (enumerated/expressed) belong to the federal government. Reserved powers belong to the states. Concurrent powers belong to both the state and federal governments.
Semester 2 CIVICS: What You Will Need to Know! Amendments to the Constitution
First Amendment
1. Freedom of Religion – No one can force you to or prevent you from
practicing your religion
2. Freedom of Speech – you can express yourself without fear of being
punished by the government
3. Freedom of the Press – the government cannot censor the news/media
4. Freedom of Assembly – you can gather in groups for any reason, as long as you are
peaceful
5. Freedom to Petition – you can contact the government in any way to express your
ideas/opinions
Second
Amendment
The right to bear
arms
Third Amendment
Protection from
quartering (housing)
soldiers
Fourth Amendment
Protection from
unreasonable
searches and
seizures
Fifth Amendment
Right to due process of law,
protection from double
jeopardy, right to eminent
domain, protection from self-
incrimination
Sixth Amendment
Right to a fair a
speedy jury trial,
right to an attorney
Seventh Amendment
Right to a jury trial in
a civil case
Eighth Amendment
Protection from
excessive bail and
cruel and unusual
punishment
Ninth Amendment
The People’s Rights not
listed in the constituion are
protection
Tenth Amendment
The powers not listed in the
Constitution belong to the
states
Additional Key Amendments
13th Amendment – abolished slavery in the United States
14th Amendment – defined citizenship as anyone “born or naturalized” in the U.S., and granted all
citizens equal protection under the law
15th Amendment – states that you cannot deny anyone the right to vote on the basis of race
19th Amendment – grants women the right to vote (suffrage)
24th Amendment – made poll taxes illegal as a condition for voting
26th Amendment – lowered the minimum voting age to 18 years’ old
Semester 2 CIVICS: What You Will Need to Know! Our Legal System
The Federal Court System
Supreme Court Highest Court in the land
Appellate Jurisdiction and some original jurisdiction
9 Justices, no juries
Appeals Courts 13 Appellate Courts
Appellate jurisdiction, meaning it hears cases from the lower courts
Panel of judges, no juries
District Courts
94 District Courts
Original jurisdiction, meaning trials are originally held here
Judges and juries
Types of Law Military Law
The law governing the armed forces. Instead of a court system, trials are held in a tribunal
Constitutional Law Laws interpreted using the Constitution, such as those concerning the branches of gov’t or your rights
Criminal Law System of law concerned with those who commit crimes
Civil Law System of law that concerns lawsuits and disagreements between parties
Landmark Supreme Court Cases Marbury v. Madison
Established judicial review Plessy v. Ferguson
Upheld “Separate-but-equal” and stated that segregation was not discrimination
Brown v. Board of Education Overturned “separate-but-equal” and stated that segregation was unconstitutional
Gideon v. Wainwright Upheld the right to an attorney for those who cannot afford one
Miranda v. Arizona Upheld 5th Amendment rights and required police to read the accused their rights
In re Gault Protected juvenile rights to due process of law
Tinker v. Des Moines Upheld students’ 1st amendment right to freedom of expression
U.S. v. Nixon Affirmed that executive privilege is limited and the President is subject to rule of law
Hazelwood v. Kuhlmeier Determined that the 1st amendment can be limited in schools
Bush v. Gore Determined that a recount of votes is unconstitutional when you can’t guarantee equality
District of Columbia v. Heller Upheld the individuals 2nd amendment right to bear arms
Semester 2 CIVICS: What You Will Need to Know! The Three Branches of Government
Legislative Branch Executive Branch Judicial Branch
Who is it?
A bicameral legislature, made up of The Senate and the House of Representatives. The Senate has 2 members per state, and the House is based on population (435 total).
President of the United States, Vice President, and 15 Cabinet Members, each of which are the secretaries of a government department.
The Supreme Court of the United States, as well as any lower courts. The Supreme Court has 9 justices.
Who is the
leader?
Senate – Vice President, President Pro Tempore
House – Speaker of the House
Majority leader – leader of the party with the most members in Congress
Minority leader – leader of the party with fewer leaders in Congress
President of the United States, also known as the Commander in Chief
Chief Justice of the Supreme Court
What powers do they have?
Approves treaties and presidential appointments, impeaches the president, regulates commerce, coins money, declares war
Makes treaties, appoints judges and cabinet members, sends troops
Judicial review (can declare a law unconstitutional)
Semester 2 CIVICS: What You Will Need to Know! Federalism
The United States has a federal system of government. This means that powers are divided and shared among the national, state, and local levels of government. Powers of the national government are known as Delegated Powers, power of the states are called Reserved Powers, and powers that are shared are called Concurrent Powers.