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Origins of American Government with quiz review

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					   Origins of American
       Government

     ―It is, Sir, the people’s
    Constitution, the people’s
government, made for the people,
    made by the people, and
   answerable to the people.‖
      Daniel Webster 1830
                                   1
     Place in the correct chronological
                   order
A.   Boston Tea Party
B.   French and Indian War
C.   Declaration of Independence
D.   Shots fired at Lexington and Concord




                                            2
             Correct order
B. French and Indian War 1754-1763
E. Boston Tea Party 1773
C. Shots fired at Lexington and Concord
  1775
F. Declaration of Independence 1776




                                          3
     Place in the correct chronological
                   order
A.   British surrender at Yorktown
B.   Constitutional Convention in Philly
C.   Washington inaugurated in New York as
     first President.
D.   Bill of Rights added to Constitution
E.   Articles of Confederation approved by
     second Continental Congress

                                             4
             Correct order
I. Articles of Confederation approved by
  Second Continental Congress 1777
A. British surrender at Yorktown –Oct. 1781
G. Constitutional Convention 1787
H. Washington Inaugurated 1789
D. Bill of Rights added to Constitution 1791


                                           5
   What is the foundation for the
national government of this country?
 Declaration of Independence
 The Constitution and the 27 Amendments




                                           6
             Brain Storm
 Name/list terms and phrases which are
  commonly used to describe the
  government of the United States
 Where did these concepts/ideas come
  from?




                                          7
     Three major sources for American
               Democracy
1.  Greece---Athenian direct democracy
2. Rome---Indirect or Representative
    Democracy (Republic)
3. England---We took many of the ideas of
    government from the British
     A. rights that belong to citizens
     B. representative democracy
     C. limited government
                                            8
     American Democracy Unique
   Our form of government---American Democracy
    is not like the government of any other country.
    What are founding fathers came up with is truly
    unique.
     A. We have a federal system in which we
    divide governmental power between a national
    government and state governments.
     B. We also have a Constitutional
    government where the powers that belong and
    don’t belong to the national government are
    clearly outlined in a written document.
                                                   9
     Part 1---America’s concept of
    democracy rest on the following
             basic notions:
 Fundamental worth and dignity of every
  person.
 Respect for equality of all persons
 Faith in majority rule, but respect for
  minority rights—(Madison worried about
  the Tyranny of the majority)
 Recognition of the necessity for
  compromise
 Widest possible degree of individual
  freedom                                   10
Question to consider---do not put this
            slide in notes
 Consider the following theory: Since
  democracy promotes the concepts from
  the previous slide, nations with democratic
  governments do not fight wars against
  each other—therefore to bring about a
  more peaceful planet, democracy should
  be promoted world wide.
 Should the United States be willing to
  spend ―blood and treasurer‖ to promote
  the spread of democracy? Why? Why not?
                                            11
Where did our system of government
 come from? (other than Greek and
         Roman influence)

          English influences
          Colonial practices
          Philosophical influences
          New ideas created at
           Constitutional convention


                                       12
                   English documents
   Magna Carta 1215
   1. limited power of the government (King)
   2. fundamental rights
       a) trial by jury
       b) due process of law (fair trial)
   English Petition of Rights     1628
   1. early document supporting idea that men have rights and
    established concept of rule of law
   2. included basic rights
        a) guarantee of trial by jury
        b) protection against marshal law
        c) protection against quartering of troops
        d) protection of private property
   English Bill of Rights 1689
   1. limited power of the monarch
         A. free elections to those in Parliament (House of Commons)
         B. right of petition
         C. parliamentary checks on power of King
                                                                        13
Examples of English influence on the
    U.S. Legislative branch of
           Government
 The English Parliament had a two house
  legislature---The House of Commons and the
  House of Lords.---This is known as a bicameral
  legislature.
 Today every state except Nebraska has a
  bicameral legislature.
 The Congress of the United States is bicameral--
  -The U.S. Senate and the U.S. House of
  Representatives.
                                                 14
 Colonies established practices that
became a key part of nations system
          of government.
 Written Constitutions in each colony—all
  called for a separation of powers between
  the Governor and state legislatures, and
  representative bicameral legislatures.
 Some colonial Constitutions included a list
  of rights: ex. Virginia Declaration of Rights
  (George Mason), Virginia Statute of
  Religious Freedom (Thomas Jefferson).
                                              15
           Philosophical influences
    John Locke (1632-1704)--develops Social
    Contract theory of government.
     A. Human beings enter into a contract by
    agreeing with one another to create a state
    (government). Give up some freedom for
    security.
     B. Government arose out of a voluntary act of
    free people.
     C. The state exist only to serve the people.
     D. The people are the sole source of political
    power and they are free to give or withhold that
    power as they choose.                          16
     Concepts created by Social Contract
     Theory included in Constitution and
        Declaration of Independence
   Popular sovereignty- people hold the power to rule.
   Limited government- government is not all powerful.
   Individual rights- people are born with rights that
    were given to them by God.
   Representative government- people elect others to
    represent their interest.
   Ordered government- orderly regulation of
    relationships between citizens---opposite of anarchy.
   Thomas Jefferson would borrow heavily from the
    writings of John Locke when he writes the          17


    Declaration of Independence.
                   Video
   United Streaming; American History,
    Foundations of American Government---
    Writing the Constitution segment.




                                            18
Let’s take a look at the Declaration of
            Independence
 Raise your hand when you see an
  example of the following:
 Popular sovereignty
 Limited Government
 Individual rights
 Ordered government
 You do not have to write down the
  Declaration in your notes.
                                      19
     Declaration of Independence
   When in the course of human events, it
    becomes necessary for one people to
    dissolve the political bands which have
    connected them with another, and to
    assume among the powers of the earth,
    the separate and equal station to which
    the Laws of nature and of Nature’s God
    entitle them, a decent respect to the
    opinions of mankind requires that they
    should declare the causes which impel
    them to the separation
                                              20
                     Declaration
   We hold these truths to be self evident, that all
    men are created equal, that they are endowed
    by their Creator with certain unalienable Rights,
    that among these are Life, Liberty, and the
    pursuit of Happiness. That to secure these
    rights, Governments are instituted among Men,
    deriving their just powers from the consent of
    the governed; That when any Form of
    Government becomes destructive of these ends
    it is the Right of the People to alter or to abolish
    it, and to institute new Government , laying its
    foundation on such principles and organizing its
    powers in such form, as to them shall seem
    most likely to effect their Safety and Happiness.
                                                       21
            Review Continued
4. Name two English documents which played a
  large role in influencing the political ideas of
  most colonist?
____________________,_________________
5. List two important rights that English citizens
  (colonist were English citizens) received because
  of the above documents.
___________________,___________________
6. The English Parliament had two houses, the
  House of ______and the House of _________.
  This is known as a ______________legislature.
  Today the U.S. Congress has a ___________
  and a ________________.                             22
               Part 1 Review
1. Which two documents are the foundation of
    American Government?
________________, _____________________
2. Put the following events in the proper order.
    A. Declaration of Independence
    B. Writing the Constitution
    C. Articles of Confederation
    D. Shots fired at Lexington and Concord

3. Define limited government

                                                   23
            Review Continued
7. List two Virginia documents that would have a
           7
  large influence on the United States Bill of
  Rights. Who wrote each?
__________________ written
  by________________
__________________ written
  by________________

8._____ Which concepts/ideas are part of the
  social contract theory?

                                                   24
                Review Continued
9._____ Who wrote the Declaration of Independence?

10. From which political philosopher did the author of the
  Declaration borrow from extensively?
  _______________
11. From what three nations/empires did we get many of
  the ideas that we include in our system of government?
_____________________
_____________________
_____________________

12. In 1776 the Declaration of Independence states that
  ―all men are created equal‖----Why did it take so long for
  this goal to be reached? Has it been reached? What
  areas do we still need to work on? Did they really just
  mean that men were equal?
                                                             25
                   Quiz
 Which two documents are the foundation
  of the American System of Government?
 Declaration of Independence and The
  Constitution.
 List two rights that are founding fathers
  were familiar with as English Citizens?
 Trial by jury----protection of private
  property
                                              26
                   Quiz
 List three countries/empires who were
  major contributors to our system of
  government.
 Roman Empire, Greek Empire, England
 The State of Connecticut deciding to allow
  gay marriage while Virginia does not is an
  example of which Constitutional principle?
 Federalism

                                           27
                   Quiz
 List three English documents that had a
  large influence on our system of
  government?
 Magna Carta, English Petition of Rights,
  English Bill of Rights.
 Which English King lost his head because
  he would not sign the English Petition of
  Rights?
 Charles I
                                              28
                        Quiz
   Which royal family agreed to sign the English Bill
    of Rights before taking the throne? (hint: school
    in Williamsburg)
   William and Mary
   What are the two legislative bodies in the
    English Parliament?
   House of Commons and House of Lords
   What are the two legislative bodies in the
    Congress?
   Senate and House of Representatives
                                                     29
                       Quiz
   What is the term that describes a legislature
    with two parts?
   Bicameral
   Who wrote the Declaration of Independence?
   Thomas Jefferson
   Who is considered the Father of the
    Constitution?
   James Madison
   From which political philosopher did the author
    of the Declaration of Independence borrow from
    extensively?
   John Locke                                    30
                        Quiz
   Which document written in 1777 by the Second
    Continental Congress was the United States first
    attempt at forming a permanent national
    government?
   Articles of Confederation
   Who wrote the Virginia Statute of Religious
    Freedom?
   Thomas Jefferson
   Who wrote the Virginia Declaration of Rights?
   George Mason
   Define Limited Government
   Government is not all powerful                 31
                           Quiz
   List three concepts developed by Locke’s Social Contract
    theory?
   Popular Sovereignty, Limited Government, Individual
    rights, Representative Government, Ordered
    Government
   Madison was concerned that in a democracy the majority
    could take away the rights of the minority—he described
    this problems as---------
   The tyranny of the majority
   How many states sent delegates to the Constitutional
    Convention in 1787? How many delegates?
   12----55
                                                           32
                     Quiz
 Who was the oldest delegate at the Convention?
 Franklin
 Who was President of the Convention?
 George Washington
 What was the first major decision made at the
  Convention?
 To write new Constitution
 Which famous Virginian did not attend the
  Constitutional Convention?
 Jefferson

                                               33
                      True False
   The articles of Confederation had a Congress with a
    bicameral legislature
   The Congress created by the Articles had the power to
    tax exports.
   Under the Articles the President was Commander in
    Chief
   Under the Articles states could print their own money.
   Under the Articles the Supreme Court had the power of
    Judicial Review.
   Under the Articles state retained most of the power to
    govern.
   Shays Rebellion demonstrated the weakness of the
    Articles.
   Under the Articles the states with the largest population
    had more representation in Congress.
                                                                34
     Put in Chronological order
A. Declaration of Independence
B. Washington inaugurated as President
C. Victory at Yorktown
D. Shots fired at Lexington and Concord
E. Constitutional Convention

D---A----C----E-----B

                                          35
Part 2--First National Constitution
 The Articles of Confederation were written in
  1777 by the Second Continental Congress while
  the Revolutionary War was still going on.
 The Articles went into effect in 1781 and would
  last until 1787.
 The document creates a unicameral legislature
  (Congress) and a very weak national/federal
  government.
 Most of the power would stay in the hands of
  the individual states.

                                                    36
           Weakness of Articles of
              Confederation.
   One vote for each state regardless of size.
   Congress powerless to lay and collect taxes.
   No Executive (President)
   No National Court System
   Amendments could only be added with consent
    of all states.
   9 out of 13 states had to agree to pass any law.
   Congress could not regulate trade between
    states (interstate commerce).
   States could print own money.
   States could ignore laws passed by Congress.
    (doctrine of nullification)                        37
                   Video
   United Streaming—Understanding the
    Constitution: Creating a Federal
    Government---segments 2,3,4




                                         38
       Shays’ Rebellion 1786
 Small farmers and property owners (1200
  strong) rebel against government in
  Massachusetts.
 In reference to Shays’ Rebellion
  Washington says ―What a triumph for our
  enemies to find that we are incapable of
  governing ourselves.‖
 The rebellion shows the weakness of the
  Articles of Confederation and the need for
  a new government.
                                           39
    Constitutional Convention May 25,
                   1787
 12 out of 13 states send delegates to Philly—
  (Rhode Island does not).
 55 delegates attend convention—today we call
  them the ―Framers‖.
 Average age of delegates was 42 (Franklin at 81
  oldest)
 The document that they would create would be
  described as ―the most wonderful work ever
  struck off at a given time by the brain and
  purpose of man.‖
 English statesman William Gladstone
                                                40
      Early attempt to fix Articles
   1786-five states meet in Annapolis
    Maryland to discuss the problems facing
    the country. They ask for a second
    meeting to be held in Philadelphia in 1787.




                                              41
        Constitutional Convention
 Elect George Washington as President of
  Convention.
 Decide to conduct their meetings in secrecy.
 First major decision made--write a new
  constitution and get rid of the Articles of
  Confederation.
 James Madison would contribute the most to
  the constitution –that is why he is known as the
  ―Father of the Constitution.‖
                                              42
              Part 2 Review
1.   The Articles of ______ was our nation’s
     first attempt at creating a national
     government.

2. The Articles created a _____ legislature

3. The Articles were written
    A. before the Revolutionary War
    B. during the Revolutionary War
    C. after the Revolutionary War
                                               43
              Part 2 Review
4. Which of the following was not one of the
  weaknesses of the Articles?
   A. 9 out of 13 states needed to pass a law
   B. States could print own money
   C. No Congress was created
   D. Congress powerless to lay and collect taxes
   E. States could ignore laws passed by Congress
   F. No Executive or National Court System

                                                    44
             Part 2 Review
5. What action taken by a small group of
  farmers in Massachusetts showed the
  world that under the Articles we were
  incapable of governing ourselves?
6. In what year did the Constitutional
  Convention take place?
7. In what city did the Convention take
  place?
8. How many states sent delegates to the
  Convention?
                                           45
            Part 2 Review
9. Who was the oldest delegate?

10. What famous Virginian was not there?

11. Who was selected President of the
  Convention?


                                           46
                 Part 2 Review
12. Which of the following was the first major decision
  made at the Convention?
 A. Jefferson was to be President
 B. Rhode Island must send a representative before they
  could proceed
 C. They were going to rid themselves of the Articles of
  Confederation and write a new Constitution.
 D. to meet again next year in Annapolis

13. Who contributed more than anyone else to the
  Constitution? (considered ―Father of the Constitution‖)

                                                            47
             Part 2 Review


14. If you could add one amendment to the
  Constitution what would it be and why?
  Remember many things can be
  accomplished through legislation----only
  major items of fundamental change
  should be considered through
  amendments.

                                             48
     Part 3---Major plans presented at
                Convention
    Virginia Plan—(large state plan) largely
     the work of Madison.
1.   3 separate branches of government.
2.   Legislature would be bicameral
3.   Representation in each house based on
     population.
4.   Lower house elected by people in each
     state.
5.   Upper house chosen by Lower House.
6.   Executive and Judicial branches would
     be selected by the Legislative branch.     49
      Summary of Virginia Plan
 This plan was popular among the large
  states, but unpopular with the small
  states. Why?
 All the power in the new national
  government would be in the hands of the
  legislature. A legislature that was going to
  be dominated by the large states.


                                                 50
Major plans presented at Convention
    New Jersey plan—(small state plan)
     William Paterson
1.   Unicameral Congress with equal
     representation.
2.   Federal Executive of more than one
     person selected by Congress.
3.   Federal Judiciary (Federal Courts)
     appointed by Chief Executives.


                                          51
            Question for class
   Based on the notes that you have taken
    so far and what you already know about
    the Federal Government, what parts of the
    Virginia Plan were adopted and what parts
    of the New Jersey Plan were adopted?




                                            52
     Great Compromise (Connecticut
     Compromise—Roger Sherman)
1.   Bicameral legislature:
     lower house (House of Representatives)
     to be based on population.
     The upper house (United States Senate)
     to be based on equal representation.




                                              53
Who should count as population?
 If the House of Representatives was going
  to be based on population then that would
  mean that you would have to count the
  population of a state. The question arose
  who should count as population?
 Southern states wanted to count slaves
  which would increase their population,
  thus increasing their representation in the
  new Congress.
 Northern States did not want slaves
  counted.                                  54
       Three-Fifths Compromise
 Slaves would be counted as three-fifths of
  a person when determining the population
  of any state.
 Compromise would be abolished in 1865
  with the adoption of 13th. Amendment
  that abolished slavery.




                                           55
    House of Representatives today
   Because the House of Representatives is based on
    population we must from time to time count the
    population---we do that through a census that is
    conducted by the census bureau every 10 years.
   Today there are 435 representatives nationwide. Virginia
    has 11. The nation is divided into 435 Congressional
    Districts with one representative from each district.
   On average, there is one representative for 600,000
    people. You live in the 6th Congressional District in
    Virginia and your representative is Bob Goodlatte---a
    republican.


                                                           56
         Congressional Districts
   View Map




                                   57
      Commerce and Slave Trade
           Compromise
 Congress was given the power to regulate
  foreign and interstate commerce.
 Southerners were worried that the north
  would push through legislation that would
  end slavery and tax southern tobacco and
  cotton exports.
 To satisfy the southern delegates
  Congress was forbidden the power to tax
  exports and to act on the slave trade for a
  period of 20 years. (In 1808 Congress did
  ban the importation of slaves).
                                            58
    Electoral College Compromise
 Some at the convention wanted to elect
  the President by popular vote.
 Others wanted the President to be
  selected by Congress.
 The Compromise was the electoral college
  system which was proposed by Alexander
  Hamilton.


                                         59
    Electoral College System Summary
 We have elected every President using the Electoral
  College System.
 The number of electoral votes a state receives is
  determined by the number of Senators and
  Representatives a state has. 2+x=EV----examples
  Virginia 2+11=13, California 2+53=55, Wyoming 2+1=3
 There are a total of 538 electoral votes and it takes 270
  electoral votes to be elected President.
 A candidate can win the popular vote and lose the
  election by losing the electoral college—just ask Al Gore,
  Sam Tilden, Grover Cleveland, and Andrew Jackson.


                                                           60
    Convention completes its Work
 September 17, 1787 39 names are placed on
  finished document.
 In order for it to go into effect 9 out of 13 states
  had to approve it.
 In the battle for approval (ratification) two
  groups emerged.
   1. Federalist –supported ratification—John
  Adams and Alexander Hamilton
   2. Anti-Federalist—opposed ratification
  Patrick Henry, Thomas Jefferson and George
  Mason
                                                     61
 Major criticisms by anti-federalist
1.  Absence of any mention of God.
2. Denial of states the right to print money.
3. Greatly increased powers of central
    government.
4. Lack of list of rights (Bill of Rights)
  ―I look upon that paper as the most fatal
    plan that could possibly be conceived to
    enslave a free people.‖ Patrick Henry
                                            62
            Federalist Papers
 A collection of 85 essays written in
  support of ratification of the Constitution.
 They were published in the local
  newspapers of the day. (Especially in the
  state of New York where the vote on
  ratification had not taken place)
 Written by Alexander Hamilton, James
  Madison, and John Jay.
 Considered among the best political
  writings in the English language, they are
  still used today by scholars to determine
  the intent of the Founding Fathers.
                                                 63
    New Government takes over
 Eventually all 13 states ratify the
  Constitution.
 The Bill of Rights (First 10 Amendments)
  would be added four years later in 1791.
 The new Congress met first on March 4,
  1789 in New York. On April 30, 1789
  George Washington was sworn in as the
  first President of the United States.
                                             64
             The Constitution
 Preamble
Article I-Legislative Department
       Divided into 10 sections
Article II-Executive Department
       Divided into 4 sections
Article III-Judicial Department
       Divided into 3 sections
Article IV-Relations among the States
       Divided into 4 sections
Article V-Provisions for Amendment      65
    The Constitution continued

Article VI-Public Debts, Supremacy of
  National law, oath
         Divided into 3 Sections
Article VII-Ratification of Constitution
27 Amendments




                                           66
   Four methods of Amending the
           Constitution
1. Proposed by two thirds vote in each
 house. Ratified by ¾’s (38) state
 legislatures.—26 out of 27 done this way.
 2. Proposed by two thirds vote in each
 house. Ratified by ¾’s (38) state
 conventions.
 3. Proposed by a national convention,
 called by Congress at the request of 2/3’s
 (34) of the states. Ratified by ¾’s (38)
 state legislatures.
 4. Proposed by a national convention and
 ratified by ¾’s (38) state conventions.      67
1.  The Virginia plan was largely the work of
             Part 3 Review
   A. James Madison B. Thomas Jefferson
  C. George Mason D. Alexander Hamilton
2. The Virginia plan called for ---branch (es)
    of government.
    A. one B. two C. three D. four
3. The Virginia plan called for a -----
    legislature
4. The Virginia plan favored ---states
 A. large B. small C. midsize D. southern    68
                  Quiz Continued
5. The Virginia plan called for the representation in the
     legislature to be based on -----
 A. tax contributions B. region C. slaves D. population
6. The New Jersey Plan favored---states.
  A. Southern B. Northern C. large D. small
7. The New Jersey plan called for a ----legislature.
  A. unicameral B. bicameral C. trilateral D. complex
8. According to the New Jersey plan how were the
     federal executives to be chosen?
   A. By the people      B. By Congress
   C. By the states      D. by the Courts
9. According to the New Jersey plan representation in
     Congress was to be -----divided among the states.
   A. fairly      B. proportionally
   C. equally      D. randomly                        69
                   Quiz Continued
10. The Great Compromise called for a ----legislature.
 A. unicameral B. bicameral C. trilateral
11. The Great Compromise called for a lower house to be based
  on ---------.
 A. square miles B. population C. tax dollars contributed
12. The Great Compromise called for a upper house to be based
  on ----- representation.
 A. square miles B. population C. equal
13. Today the population of each state is determined every 10
  years by conducting a/an ------
 A. election B. census C. revolution D. convention
14. According to one of the first compromises reached at the
  Convention the ―Framers‖ determined that slaves were to be
  counted as -------(fraction) of a person. This practice was
  abolished by the 13 Amendment.
 A. one half B. two thirds C. three fifths D. three quarters  70
             Quiz Continued
15. To satisfy southern delegates at the
   convention the Framers decided that
   Congress would be forbidden to tax------.
  A. Cotton       B. plantations
  C. slaves       D. exports
16. To satisfy southern delegates at the
   convention the Congress was forbidden
   to outlaw ----trade until 1808.
 A. cotton B. tobacco C. slaves D. sugar

                                           71
             Quiz continued
17. The Electoral College was created as a
  response to those who worried that the
  common people of America were not
  informed enough to make a wise choice
  for -------.
 A. President B. Supreme Court
 C. Governor      D. Senators
18. True or False
    The Electoral College has not played a
  role in determining the outcome of a
  Presidential election in over 100 years.
                                             72
                       Quiz
19. What two groups emerged during the
    argument over the ratification of the
    Constitution?
20. According to the Constitution how many states
    were needed to ratify the Constitution before it
    went into effect?
21. How many states eventually ratified the
    Constitution?
22. John Adams and Alexander Hamilton were
    considered part of which political group during
    the argument over the Constitution?
23. Patrick Henry and George Mason were
    considered part of which political group during
    the argument over the Constitution?            73
                   Quiz
24. Which of the following was not a major
  criticism of the Constitution by the anti-
  federalist?
 A. lack of a list of individual rights.
 B. greatly increased the powers of national
   government at the expense of the states.
 C. Absence of any mention of God.
 D. greatly increased the powers of the
   states at the expense of the national
   government.
                                           74
                     Quiz
25. What was the purpose of the ―Federalist
   Papers‖?
 A. convince states to ratify Constitution
 B. convince states to not ratify Constitution
 C. convince Congress to ratify Constitution
 D. convince Congress to not ratify Constitution.

26. Which of the following was not an author of
   the ―Federalist Papers‖?
  A. James Madison      B. Thomas Jefferson
  C. John Jay           C. Alexander Hamilton

                                                    75
                      Quiz
27. Who was the author of the Bill of Rights?
28. How many amendments were proposed by the
  above author? How many passed?
29. Where did the first Congress of the United
  States meet under the new Constitution?
30. When were the Bill of Rights added to the
  Constitution?
31. The Constitution is divided into ----Articles.
32. The Constitution has ----amendments.
33. In which Articles will you find the Executive
  Branch organized?
34. In which Articles will you find the Judicial
  Branch organized?
35. In which Articles will you find the Legislative
  Branch organized?                               76

36. Which Article is the longest?
    Part 4---Major Principles in the
              Constitutionby the people
1. Popular Sovereignty—rule
  A. The Preamble begins with ―we the people of
  the United States in order to form a more
  perfect union‖
2. Federalism—power is divided between the
  national government and the state governments.
  The Supremacy Clause of the Constitution
  provides for a ―ladder of laws‖-
U.S. Constitution
Acts of Congress and Treaties
State Constitutions
State Laws (acts of state legislature)
City and County ordinances.                   77
         Major Principles continued
   Examples of Federalism-
    1. States make up their own rules on how to
    conduct Presidential elections inside their own
    states.
    2. Some states have the death penalty and some
    don’t. (also radar detectors and gay marriage)
    3. When the national (federal) government
    declares marijuana illegal states can not make it
    legal.
    4. The Full Faith and Credit Clause deals with
    relations between the states. The Constitution
    says that all states must honor the public acts,
    records, and judicial proceedings of another
    state. (So if you get legally married in Utah and
                                                    78

    move to Virginia, you are still married)
        3. Separation of Powers
 The three branches of government (executive,
  judicial, and legislative) are separate and
  distinct.
   A. Executive branch—enforces the law
   B. Legislative branch---makes the law
   C. Judicial branch---interprets the law
Can the President keep his or her meetings with
  advisors secret from the Congress?
Do the powers of the President expand in time of
  war? (The Constitution does say that the
  President is the Commander in Chief)
                                                   79
        4. Checks and Balances
  Each branch of government exercises
   some control on the other branches of
   government.
Examples:
A. Congress passes a bill and the President
   vetoes it.
B. Congress may override a Presidential
   veto.
C. The Supreme Court may declare a law
   unconstitutional (judicial review).
Check handout ―Checks and Balances at
   Work‖                                      80
          5. Limited Government
    The Congress limits the power of
     government. Examples:
1.   Congress shall not pass an Ex post Facto
     law.
2.   Congress shall not pass a bill of
     attainder.
3.   Congress may not take away a persons
     freedom of speech or press.
4.   Congress shall not tax exports.
5.   Congress shall not create a state from
     another state without the permission of
     that states legislature.               81
           6. Judicial Review
 This power, which belongs to the federal
  courts, is not explicitly stated in the
  Constitution.
 It was first used by the Supreme Court in
  Marbury v. Madison in 1803.
    A. The Supreme Court ruled that a law
  which had been passed by Congress and
  signed by the President was
  unconstitutional.
Today the Federal Courts may rule that any
  action of government (federal, state, or
  local) is Unconstitutional.                 82
     A few examples of governmental
    actions being ruled unconstitutional
             (judicial review).
   Segregation of public schools by state and local
    governments.
   Requiring students to stand for the pledge or
    participate in prayer before each school day.
   Requiring a wife get her husbands permission
    before getting an abortion.
   Putting someone on trial with out a lawyer if
    there is a possibility that they could go to jail.
   States prohibiting bi-racial couples from getting
    married.                                             83
                Amendments
11. Immunity of states from certain lawsuits
12. Changes in electoral college system
13. Abolition of slavery
14. Citizenship, due process, equal protection.
15. No denial of vote because of race or color.
16. Power of Congress to tax incomes.
17. Popular elections of U.S. Senators.
18. Prohibition of alcohol.
19. Women given right to vote.
20. Change dates on start of Presidential and
  Congressional terms.
21. Repeal of 18th. Amendment
22. Limit on Presidential terms.                  84
        Amendments continued
23. District of Columbia given 3 electoral
  votes in Presidential election.
24. Ban on poll tax.
25. Presidential succession, vice-presidential
  vacancy, presidential disability.
26. Voting age changed to 18
27. Congressional pay can not be raised
  during the term of a Congress person.


                                             85
              Part 4 Review
1. The Constitution is divided into ---
   Articles.
2. The Constitution has ---Amendments.
3. Which of the following terms is best
   defined as ―rule by the people‖---that the
   power to govern a nation resides with
   the people of that nation?
  A. federalism     B. popular sovereignty
  C. judicial review D. Checks and balances

                                            86
                   Quiz
4. Which of the following terms is best
  defined as a system of government that
  divides power between a national
  government and several regional (state)
  governments?
  A. popular sovereignty
  B. Federalism
  C. checks and balance
  D. separation of powers
                                            87
                   Quiz
5. Which of the following terms is best
   defined as the power possessed by the
   judicial branch of government that allows
   it to declare that an action of
   government is unconstitutional?
   A. Federalism
   B. popular sovereignty
   C. Judicial Review
   D. Checks and Balances
                                           88
                   Quiz

6. True/False-----States make up their own
  rules on how to conduct Presidential
  elections within their own state.
7. True/False----Some states have the death
  penalty and others do not.
8. True/False----The Full Faith and Credit
  Clause says that all states must honor the
  public acts, records, and judicial
  proceedings of another state.
                                           89
                   Quiz
9. Which of the following is the ―top rung‖ and
   ―bottom rung‖ in the ―ladder of laws‖
   created by the Supremacy Clause in the
   Constitution?
 A. Constitution---City and County ordinances
 B. Constitution---State Constitutions
 C. State Constitutions---State laws
 D. Acts of Congress---Constitution
                                            90
                  Quiz
10. Which branch of government enforces
  the law?
 A. executive B. judicial C. legislative

11. Which branch of government makes the
  law?
 A. executive B. judicial C. legislative

12. Which branch of government interprets
  the law?
 A. executive B. judicial C. legislative    91
                   Quiz
14. Which Supreme Court case established
  that the Federal Courts had the power to
  determine the Constitutionality of
  governmental actions?
 A. McCulloch v. Maryland
 B. Marbury v. Madison
 C. Brown v. Bd. Of Ed.
 D. Nixon v. New York Times
                                             92
                     Quiz
15. Which method of amending the Constitution
     has been used most often (26 out of 27
     times)?
   A. Proposed by 2/3 vote in each house and
     ratified by ¾’s of the state legislatures.
   B. Proposed by 2/3 vote in each house and
     ratified by ¾’s of conventions held
    in each state.
   C. Proposed by a national convention and
     ratified by ¾’s of state legislatures
   D. Proposed by a national convention and
     ratified by ¾’s of conventions held in each
     state.
                                                   93
                   Quiz
16. Which of the following topics has been
  most recently considered by Congress as
  amendments to the Constitution?
 A. gay marriage and flag burning
 B. reinstitution of the draft and 16 olds
  allowed to vote.
 C. Washington D.C. to get representation
  in Congress and abolishment of Electoral
  College system
 D. abolishment of income tax and
  legalization of marijuana
                                             94
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