The Principles of the United States Constitution

CE.2A1 The Principles of the United States Constitution “Somewhere Out There” 4 “Text chapters refer to Holt, Rinehart, & Winston’s CIVICS AND ECONOMICS” (click) 1 CE.2A2 POLITICAL PRINCIPLES • Rule of Law – all are bound by law • Separation of Church and State - limited government (gov’t. is not all powerful; people place limits on it) • Consent of the Governed – People are the source of all governmental power • Bill of Rights • Federalism • Checks and Balances Chapters 1&2 2 CE.2A3 Types of Government 1. Anarchy - no government 2. Monarchy - rule by one person (king usually) 3. Oligarchy - rule by a few people (royal family, etc.) 4. Democracy - rule by people (Athens, Greece) 5. Republic - rule by representatives (Rome) 6. Dictatorship - rule by one person with absolute power (Hitler, Stalin, Saddam Hussein, etc.) Chapters 1 & 2 3 CE.2A4 Popular Sovereignty • The people hold the ultimate authority • A representative democracy lets the people elect leaders to make decisions for them. • John Warner, George Allen, and Virgil Goode are our elected officials in Congress Chapters 1 & 2 4 CE.2A5 Limited Government • Framers wanted to guard against tyranny • Government is limited to the power given it in the Constitution. • The Constitution tells how leaders who overstep their power can be removed Chapters 1&2 Thunder Rolls 6 5 CE.2A6 Federalism • The division of power between State and National Governments • Some powers are shared • The National Government has the ―supreme power‖ Chapters 1 & 2 6 CE.2B1 INFLUENCES ON CONSTITUTION • Charters of the VA Company of London – Rights of Englishmen guaranteed to colonists • Virginia Declaration of Rights – Model for Bill of Rights & Constitution • Declaration of Independence – Stated grievances against king – Declared independence – Affirmed unalienable rights (life, liberty, pursuit of happiness) – “All people are Equal under the law” Chapter 2 7 The Charters of the Virginia Company of London King James I gave a charter to the Virginia Company of London. April 10, 1606 8 Borrowed from Internet Purpose of the Charters •They authorized the Virginia Company to start a colony. government. •They allowed for a representative •They gave the colonists the same rights as Englishmen. 9 The Virginia Declaration of Rights Written By: George Mason June 12, 1776 10 The Declaration of Rights •This was an introduction to the Virginia Constitution •George Mason believed all Virginians should have certain rights. All Through the Night 6 11 Virginia Declaration of Rights: •Freedom of Religion •Right to a fair trial •Freedom of the press 12 Thomas Jefferson used the Virginia Declaration of Rights as a basis for the first 10 amendments to the United States Constitution. This was a giant step toward freedom and Democracy. 13 Virginia Statute for Religious Freedom Written by: Thomas Jefferson 14 Reasons for Statute • Colonial Virginians attended the Church of England • As Virginia grew, many people came to live in the state who were not of English ancestry. • Should the new state continue to support a state church? ****** Jefferson argued that religious beliefs should be solely matters of individual conscience and immune from any interference by the state. 1786 15 What did the Virginia Statute for Religious Freedom do?  Separated church and state  Established religious freedom 16 The Basis for the First Amendment Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of press; or the right of people peaceably to assemble, and to petition the Government for a redress of grievances. “Coming to America” 4 17 The Declaration of Independence Written by: Thomas Jefferson 18 The Declaration of Independence as it appeared in the “Pennsylvania Packet” July 8, 1776 19 Reason for Declaration The Declaration of Independence explained to the world why the colonies should break away from England. FOR EXAMPLE: • Taxation without Representation • Refusal to pass laws needed by colonies • Forced to quarter soldiers in homes 20 “We hold these truths to be self-evident…” 21 CE.2B2 • Articles of Confederation INFLUENCES ON CONSTITUTION – Established the first gov’t; very weak – Power with states – Weaknesses: No President or court system; no power to tax or enforce laws; led to Constitution • Virginia Statute for Religious Freedom – Freedom of religion • U.S. Constitution & Bill of Rights – Set up structure of U.S. Government – Equality under the law; majority rule with rights of minority protected – Affirms individual worth and dignity – Protects freedoms: religion, speech, press, assembly, and petition 22 Chapter 2 “Don’t Cry for Me Argentina” 1 CE.2C PREAMBLE TO CONSTITUTION WE THE PEOPLE in order to Form a more perfect union Establish justice “Preamble” (click) Insure domestic tranquility Provide for the common defense Promote the general welfare and Secure the blessings of Liberty to ourselves and our posterity 23 Chapter 4.1 Do ordain and establish this Constitution for the United States of America. Washington’s Bunker Hill Grand Union Bennington 1776 Continental Navy Betsy Ross 13 Stars 15 Stars Grand Star 20 Stars Alamo 28 Stars (Mexican War) 34 Stars (Civil War) 1st CSA Bonnie Blue 2nd CSA 46 Stars (1912) Puerto Rico Wake I. Guam 48 Stars (WWII) 49 Stars Virgin Islands 50 Stars Midway 24 CIVICS TEST #1 SOL CE.2 25 CE.3A1 HOW TO BECOME A CITIZEN • Established by the 14th Amendment – all persons born or naturalized in the U.S. – Birth – Naturalization • Naturalization led to a very diverse society – A person must demonstrate knowledge of American history and principles and the ability to speak and write English {Take Citizenship Test} Chapter 1.2 26 CE.3A2 NATURALIZATION PROCESS 1.File an application. The application asks for biographical information about the person. The person has his or her fingerprints taken, and provides photographs and legal documents. 2.Take a naturalization examination. The examination tests the applicant’s knowledge of U.S. government and history. The applicant must also pass an English test. 3.Appear for a court hearing. The applicant appears before a judge and asks to become a U.S. citizen. The judge will listen to the applicant’s reasons and will decide on naturalization. Chapter 1.2 27 CE.3A3 To become a citizen, or to be naturalized, a person must meet certain requirements: NATURALIZATION REQUIREMENTS •Be at least 18 years old •Have lived in the U.S. for at least 5 years •Be of good moral character and loyal to the U.S. •Be able to read, write, speak and understand basic English •Have basic knowledge and understanding of the history, government structure and the Constitution of the U.S. •Be willing to take an oath of allegiance to the U.S. Chapter 1.2 28 CE.3B1 1ST AMENDMENT FREEDOMS • Religion – Congress may not interfere • Speech – People are free to express their feelings • Press – Press has right to publish criticism of gov’t. • Assembly – People may peacefully gather • Petition – People may petition the gov’t. to change things 14th AMENDMENT •Extends due process to actions of states Chapter29 4.1 The Bill of Rights The first 10 amendments To the U. S. Constitution 30 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 Individual?? “Every Breath I Take” 27 Society?? 31 The first amendment—5 rights mentioned • • • • • Freedom of Speech Freedom of Religion Freedom of the Press Freedom of Assembly Right to petition the government 32 Freedom of Religion • ―Congress shall make no law respecting an establishment of religion or prohibiting the free exercise there of‖ • Two clauses: – Establishment clause – Free Exercise clause 33 Establishment and free exercise clause often conflict with each other • In schools, the religion issue is most prevalent • If a student raises his hand and says ―teacher, can we say an opening prayer before this test‖ • If the teacher says: • ―Yes‖, It looks like establishment of religion • ―No‖, It is denying a student free exercise. 34 Establishment Clause—Government cannot promote religion 35 • Teach about religions in school • Allow voluntary prayer in many examples • Transport students to a religious school • Read Bible for culture or literacy content Establishment clause-Government Cans Cannot • Set a state religion • Government cannot order a prayer • Teach religious doctrine in the school • Pay seminary teachers • Teach creationism 36 Free exercise of religion 37 Free Exercise—The person Can Cannot • Choose whatever religion • Lead a prayer in most examples • Ask questions about religions • Worship whoever he wants • Break the law and claim it is religious belief • Raise children without education • Deprive children of basic needs 38 Freedom of speech • ―Congress shall make no laws . . . abridging the freedom of speech‖ 39 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 40 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 41 Freedom of the press • Congress shall make no law . . . abridging . . . the freedom of the press.‖ 42 Freedom of the press-the press Can Cannot • Print any political position • Make fun of people, especially politicians • Expose wrongs by the government • Say things you might not agree with • Libel– intentionally injuring a person’s reputation by false facts • Disclose defensesecurity secrets • Detail how to make a certain weapons 43 Freedom of Assembly • Congress shall make no law . . . Abridging . . . The people to peaceably assemble‖ 44 • Protest • Protest by throwing rocks and • Parade (with a breaking windows permit) • Hang out on • Parade chanting private land hate slogans against owners • Gang members can will—loitering congregate in • Ignore teen curfew public Freedom of Assembly--Individual Can Cannot 45 Petition the Government • ―Congress shall make no law . . . Abridging . . . the people. . . to petition the government for a redress of grievances‖ 46 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 47 2nd Amendment—Right to bear arms • ―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.‖ 48 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? 49 Gun debate continued • Thousands of people die every year because of guns • Thousands of crimes are prevented because of guns Shoes representing gun deaths. 50 Third Amendment • The Government cannot force you to shelter soldiers in your home without your consent in time of war or peace. 51 Rights of the Accused Amendments #4-8 Important to preserve freedom 52 Fourth Amendment • What does a policeman need in order to search your home? – A warrant given to him by a judge – Probable cause is also needed 53 Fifth Amendment • You cannot be tried for the same crime twice—called ―Double Jeopardy‖ • You do not have to testify against your self. ―I plead the fifth‖ • You must have due process of law before you are convicted • The government cannot take your land unless it pays. 54 Sixth Amendment • Right to speedy trial by impartial jury—meaning not favoring either side 55 Sixth Amendment continued • You must be told of charges • You must be provided a lawyer if you cannot afford one 56 Eighth Amendment • No excessive bail • No cruel and unusual punishment Prisoner kissing his Mom in prison 57 CE.3C DUTIES OF RESPONSIBLE CITIZENS • • • • Obey laws Pay taxes Serve in the armed forces if called Serve on a jury or as a witness in court * Citizens who choose not to do these face legal consequences Chapter 4.3 “Walk Like an Egyptian” 5 58 CE.3D RESPONSIBILITIES OF CITIZENS •Register and vote •Hold elective office •Influence gov’t. by communicating with gov’t. officials •Serve in voluntary or appointed positions •Participate in political campaigns •Keep informed regarding current issues •Respect others’ rights to an equal voice in gov’t. * These are voluntary! Chapter 4.3 59 CE.3E WAYS CITIZENS PARTICIPATE • Volunteer to support democratic institutions • Express concern about the welfare of the community (e.g. environment, safety, etc.) • Help to make the community a good place to work & live (e.g. tutoring, involved with public service, volunteering in nursing homes, etc.) Chapter 15.3 60 CE.4A,B,C,D,E TRAITS OF GOOD CITIZENS • • • • • • Trustworthy Honest Courteous (respect for others) Thank you! Responsibility, accountability, and self-reliance Respect for the law (rules) Patriotism Chapter 1.2 61 Test #2 Civics SOLs CE.3 & CE.4 62 CE.5A FUNCTIONS OF POLITICAL PARTIES • Recruiting and nominating candidates • Educating the electorate about campaign issues • Helping candidates win elections • Monitoring actions of officeholders Chapter 10.1, 10.2, 10.3 “That’s the Way I Like It” 4 63 CE.5B – – – – • Similarities POLITICAL PARTIES Organize to win elections Influence public policies Reflect both liberal and conservative views Define themselves in a way to win majority support by appealing to the political center • Differences – Stated in party platforms – Reflected in campaigning • Third Parties – Introduce new ideas or press for an issue – Often revolve around a political personality (e.g. Teddy Roosevelt = Bull Moose Party) Chapter 10.1 64 CE.5C EVALUATING CAMPAIGN MATERIALS Separate fact from opinion Detect bias Evaluate sources Identify propaganda Chapter 11.1 • • • • MASS MEDIA ROLES IN ELECTIONS •Identifying candidates •Emphasizing selected issues •Writing editorials, creating political cartoons, publishing op-ed pieces •Broadcasting different points of view 65 CE.5D RISING CAMPAIGN COSTS • • • • Extensive fund-raising activities Limit chance to run for public office Gives an advantage to the wealthy Encourages Political Action Committees (PACs) • Gives issue-oriented special interest groups more influence Chapter 10.4 CAMPAIGN FINANCE REFORM •Efforts to reform campaign finance laws •Limits exist on amount people may contribute 66 VOTING IN VA CE.5E • Qualifications to register to vote in VA – Citizen of the U.S. – Resident of VA and precinct – 18 years of age by the day of election • How to Register – In person at registrar’s office, at DMV, or other site – By mail application (computer?) – Registration is closed 29 days before an election • Who votes – Education is a factor – Age is a factor – Income is a factor • Why citizens fail to vote – Lack of interest (Every vote is important!!! More people vote in national elections than in state and local elections.) – Not registered (Must be registered to vote!!!) “Suddenly Seymour” 12 Chapter 8.1 67 CE.5F ELECTORAL COLLEGE PROCESS • Electors for each state are chosen by popular vote (political parties) • Electors meet to vote for Pres. & Vice Pres. • Winner-take-all system leads to candidates targeting large states (CA, NY, TX, etc.) • Number of electors is determined by number of Congressmen (senators + representatives) • Requirements for a majority of electoral votes favors a two-party system of gov’t. 2 SENATORS + ? REPRESENTATIVES = # ELECTORS Chapter 3.2? 68 CIVICS TEST #3 SOLS CE.5A-5F 69 CE.6A DIVISION OF POWERS • Federal system of government; national gov’t. is supreme • Powers are enumerated/expressed or implied in the Constitution • Powers are reserved to the states if not expressed • Some powers are denied to both federal and state governments • Local government powers are derived from the state • Responsibilities of each level – National – conducts foreign policy, regulates commerce – State – promotes public health, safety, and welfare Chapter 8.1 70 CE.6A “3 Ring Circus” (click) Separation of Powers • • • • No one holds ―too much‖ power Legislative branch makes the laws Executive branch carries out the laws Legislative branch interprets the laws Chapter 3.2 71 CE.6B1 BRANCHES OF GOVERNMENT Chapter 3.2 Local Government Makes ordinances for community; approves annual budget; power limited to that delegated by the state Elected or appointed by the Board of Supervisors or City Council; city or county managers hired by local legislatures BRANCH Legislative Virginia Government Makes laws for VA; approves annual budget; exercises power under the 10th amendment Executes laws of VA; prepares biennial budget for General Assembly; appoints cabinet officers and boards; administers state bureaucracy; grants pardons National Government Makes laws for nation; approves annual budget; approves presidential appointments Executes law of the land; prepares annual budget for congressional action; appoints cabinet officers, ambassadors, and federal judges; administers federal bureaucracy Executive Judicial Cases heard by local courts under the authority provided by state legislation Supreme Court has power of judicial review over state laws; Circuit courts try civil and criminal cases Supreme Court has power of judicial review; Federal courts try cases involving federal law and U.S. Constitutional 72 questions CE.6B2 BRANCHES OF GOVERNMENT PICTURE Chapter 3.2 73 CE.6C1 Chapter 3.2 Checks and Balances • Prevents the abuse of power in government • Each branch can check each other branch 74 CE.6C2 CHECKS & • Legislative Powers over BALANCES – Executive Branch • Overrides vetoes • Impeaches President – Judicial Branch • Approves federal judges • Impeaches federal judges • Executive Powers over – Legislative Branch • Vetoes acts of Congress • Call Congress into special session – Judicial Branch • Appoints federal judges • Judicial Powers over – Legislative Branch Chapter 3.2 • Declares laws unconstitutional – Executive Branch • Declares executive acts unconstitutional 75 CE.6C3 Legislative Checks • • • • • Override president’s veto Chapter 3.2 Ratify treaties Confirm executive appointments Impeach federal officers and judges Create and dissolve lower federal courts 76 CE.6C4 Executive Checks • • • • • Propose laws to Congress Veto laws made by Congress Negotiate foreign treaties Appoint federal judges Grant pardons to federal offenders Chapter 3.2 77 CE6C5 Judicial Checks • • • • Declare executive acts unconstitutional Declare laws unconstitutional Declare acts of Congress unconstitutional The Supreme Court holds the final check Chapter 3.2 78 CE.6D AMENDING THE CONSTITUTION – Action by Congress or convention – Ratification by states *Amendment process is complex; 27 amendments have been added • Process for amending the Constitution • Ways to change constitutional interpretation • Court decision • Congressional action • Presidential action • Custom * Most changes to interpretation are informal! “Suspicious Minds” 9 79 Chapter 3.3 CIVICS TEST #4 SOLS CE.6A-6D 80 CE.7A1 Chapter 2.3 THE GREAT COMPROMISE VIRGINIA PLAN – A Congress with representation based on population. NEW JERSEY PLAN – A Congress with representation based on equal votes for each state. CONGRESS 81 CE.7A1 HOW LAWS ARE MADE • Bicameral legislatures (U.S. & VA) • Legislative Powers – Expressed (listed in Constitution) – Implied (used to carry out expressed) • Process: – – – – Committees Debate on floor Voting Signing bill into law (bill is proposed law) • Elected officials write laws and take action in response to problems or issues • Individuals and interest groups help shape legislation “I’m Just a Bill” (click) Chapter 5.4 82 CE.7A2 SENATOR – GEORGE ALLEN Chapter 5 Legislative Branch • • • • • • • SENATOR – JOHN WARNER Senate and House of Representatives Make our laws Appropriate Money Regulate Immigration Establish Post Offices and Roads Regulate Interstate Commerce and Transportation Declare War TH 5 DISTRICT 83 5TH DISTRICT REPRESENTATIVE – VIRGIL GOODE CE.7B1 Chapter 6 Executive Branch • • • • • The President of the United States Chief Executive Chief of State Chief Legislator Commander in Chief 84 CE.7B2 EXECUTIVE BRANCH • Powers are defined in national and state constitutions • Carries out the laws • Ways executive influences policy making – Proposes laws (State of the Commonwealth or State of the Union Address) – Appealing directly to the people – Approving or vetoing legislation – Appointing officials who carry out the laws • Cabinet departments, agencies, and regulatory groups interpret and carry out the laws Chapter 6 85 CE.7C WAYS MEDIA SETS PUBLIC AGENDA • Focusing public attention on issues • Offering a forum in which opposing viewpoints are communicated • Holding government officials accountable to the public * Government officials use media to communicate with the public. Chapter 11.1 86 CE.7D INFLUENCES ON PUBLIC POLICY • Individuals – Participating in politics (voting, campaigning) – Expressing opinions (lobbying, demonstrating, writing letters) – Joining interest groups • Interest Groups – Identifying issues – Making political contributions – Lobbying government officials Chapter 11.1 & 11.2 87 CIVICS TEST #5 SOLS CE.7A-7B 88 CE.8A Judicial Branch Chapter 7 • Supreme Court and other Federal Courts • Preserve and protect the rights guaranteed by the Constitution • Considers cases involving national laws • Declares laws and acts ―unconstitutional‖ Jailhouse Rock 5 89 CE.8A VIRGINIA COURT SYSTEM Chapter 8.4 Virginia Supreme Court (Justices / no Jury) •Court of final appeal (Appellate jurisdiction) •Limited original jurisdiction Court of Appeals of VA (Judges / no Jury) •Appellate jurisdiction Circuit Court (Judge and Jury) •Original jurisdiction for: criminal cases & civil cases over $1,000 •Appellate jurisdiction General District Court (Judge) •Original jurisdiction of misdemeanors •Civil cases less than $1,000 Juvenile and Domestic Relations Court (Judge, No Jury) •Juvenile and family cases 90 ** Magistrates issue search warrants, subpoenas, arrest warrants, and summons and set bail. CE.8A UNITED STATES COURT SYSTEM U.S. Supreme Court (Justices / No Jury) Jurisdiction: Appellate & Limited Original U.S. Court of Appeals (Justices / No Jury) Jurisdiction: Appellate U.S. District Court (Judge with Jury) Jurisdiction: Original * The U.S. has a separate court system whose organization and jurisdiction are derived from the Constitution. Chapter 7 91 CE.8B JUDICIAL REVIEW • The Supreme Courts of VA and the United States determine the constitutionality of laws and acts of the executive branch of government. • Marbury v. Madison established the principle of judicial review at the national level. • The Constitution of the United States is the supreme law of the land. • State laws must conform to the VA and U.S. Constitutions. Chapter 7.3 92 CE.8C CRIMINAL LAW • In a criminal case, a court determines whether a person accused of breaking the law is guilty or not guilty of a misdemeanor or a felony. • Criminal procedure in felony cases: – Person may be arrested if there is probable cause – Accused may be jailed or released on bail – Arraignment where probable cause is reviewed, the defendant may have an attorney, and a plea is entered – Court date is set and a trial is conducted – A guilty verdict may be appealed to the Court of Appeals or directly to the Supreme Court in a capital case. Chapter 7.1 & 7.2 93 CE.8C Procedure for civil cases • Plaintiff files a complaint to recover damages or receive compensation. • Case can be hard by judge or jury. • Case can be appealed the Court of Appeals and the VA Supreme Court Procedure for cases involving juveniles •Judges have greater say in handling juvenile cases. •Juveniles who commit serious crimes can be tried as adults. “Morning Has Broken” 2 Chapters 7.2 & 8.4 94 CE.8D DUE PROCESS OF LAW • Due process of law is the constitutional protection against unfair governmental actions and laws. • Amendment 5 – keeps national gov’t. from acting in an unfair manner. • Amendment 14 – prohibits state and local governments from acting in an unfair manner. • The Supreme Court has extended the due process clauses to protect the guarantees of the Bill of Rights. Chapter 7.1 95 CIVICS TEST #6 SOLS CE.8A-8D 96