Government, Citizenship, and the Constitution

1787 - Present

Ideas Behind the ConstitutionAncient Roman Republic

Independence & public service as part of devotionBritish Freedoms

Rights to private property, trial by jury, habeas corpus (no one can be jailed unless charged w/crime)

American ExperienceMayflower Compact: had powers & limits of gov.Used problems from revolutionary era

Enlightenment TeachingsJohn Locke: natural rights (life, liberty, property) & gov.

has agreement w/ ruler & the ruledBaron de Montesquieu: 3 branches of gov. & separation of

powers

PreambleIntroduction – explains reasons for new gov.“We the people”: Power to form gov. comes from the

people = popular sovereigntyGoals

“Form a more perfect union”: working together would bring strengths

“establish Justice”: Ruled by laws“insure domestic Tranquillity”: peace & order“provide for the common defense”: gov. responsible for

protecting citizens from foreign invaders“promote the general welfare”: support economy &

society which ppl could prosper“secure the Blessings of Liberty to ourselves and our

Posterity”: generations of Americans to enjoy freedom

PrinciplesPopular SovereigntyLimited gov.: gov. can only do what ppl say to doSeparation of powers: power divided b/t 3 branchesChecks & Balances: Each branch is able to check

power of the other branchesFederalism: Power is divided b/t national gov. &

state govs.Republicanism: citizens elect representatives to

carry out the will of the pplIndividual rights: rights are protected

Article I – The Legislative Branch

Senate (100) House of Representatives

( 435)Terms 6 yrs. 2 yrs.

Based on: Equal Reps. Population

Order: Upper House Lower House

Age 30 yrs. old 25 yrs. old

Citizenship 9 yrs. 7 yrs.

•Bicameral national legislature: 2-house system

How Congress Passes LawsAny member can

propose law When majority

approved it goes to the other house

Only House can propose new taxes

President can veto any law, but Congress can override by 2/3’s vote in both houses

Other Powers of CongressHow to spend $ from taxesRaise army & navyDeclare war“Elastic Clause” – gives Congress flexibility to

do many things not in Constit.

Article II: The Executive Branch

President - aka: Chief ExecutiveQualifications:

Chosen by majority from Electoral College 4 year term but can also have 1 reelection Must say “oath of office” – promise to defend Constit. Natural – born citizen 35 yrs old

Powers of the PresidentCarry out the lawsCommander in chief of militaryMakes treaties & agreements w/ foreign nationsNominates ambassadors & Supreme Court justicesGrant pardons to ppl convicted of federal crimes

Removing the PresidentCan impeach – formally accuse an official of a

crime related to official duties Ex: bribery, or high crimes

House of Reps votes to impeachSenate puts President on trialSenators serve as jury and decide innocence or

guilt

Andrew Johnson – 17th Pres.

Bill Clinton – 42nd Pres.

Richard Nixon – 37th Pres.

Article III: The Judicial BranchInterprets laws of Constitution & resolve

conflict among states, laws, and fed. Gov.Hierarchy of Courts

Supreme Courthighest

Appellate CourtsMakes sure

previous trials were fair & LegalDistrict CourtsFed. Laws first

heard here

Powers of the Supreme CourtDecisions are finalNo limit of #’s of judges, but Congress says 9Judges serve for lifeDispute only immediately to S.C. if involves a state

or ambassador from another countryRest are appeals Reviews about 100 cases a yearJudicial Review: power to decide whether laws

and actions by leg. & exe. Branch conflict with Constitution

Checks & BalancesEach branch of gov. limits powers of the other

branchesBalance of strong national gov. & protection of

freedomsChecks: allow 1 branch to block the actions of

anotherBalances: allows each branch to have some role

in the actions & power of the other branches

FederalismPower divided b/t national gov. & states

Congress has power to regulate interstate commerce & share common market

National gov. regulates trade w/Native Americans

States have any powers not granted to national gov.

Each state must accept other states’ laws & decisions

State GovernmentsEach state has own constitution that resemble

national document & are longer & more detailed½ of states citizen can change through

constitutional initiative which is gathering a petitionThen the legislature can vote

Have 3 branchesProvide many services

County & Local GovernmentsCounty has similar 3 branches but with

different titlesBergen County: County Executive,

Freeholders, and County Court (Hackensack)Towns have 3 branches as well

Mayor, Town Council, and Town Court

Bill of RightsThomas Jefferson urged James Madison to write

amendments for bill of rights after signing1st Amendment: 5 basic freedoms

Freedom of religionOf speechOf the pressAnd of assembly (meet together)The right to petition the government(appeal)

When the gov. violates these rights, he or she may challenge the government’s action in court

2-4th Amendments: protect citizens from gov. abuse2nd Amend. – Right to bear arms

Can one own a gun?3rd Amend. – Quartering troops in homes

Respect the right of privacy4th Amend. – Searches & Seizures

B4 arresting or going into home must prove to judge there is a good reason then giving a warrant

5 – 8th Amendments: Legal Rights & Protections5th – Legal Rights

1. Ppl accused of serious crimes get grand jury hearing to decide if there is enough evidence for trial

2. “Double Jeopardy”: cannot try a person twice for same crime

3. Prohibits self-incrimination: cannot force ppl to say things that can be used against them (Miranda warning)

4. Due process: gov. must follow clear rules5. Gov. cannot take private property for public use “without

just compensation” 6th – Criminal Trial Rights

Right to speedy and public trial w/ lawyer Judged by jury from area & be told the exact type and

place of crime

7th – Civil Trial RightsRight to a trial by jury & decision can’t be changed

by judge8th – Bail & Punishments

B4 Trial: Bail ($ or property given to court to hold until person shows up for trial) cannot be excessive

After Trial: punishments “proportionate to the crime”

Death Penalty?

9th & 10th: Keep a proper balance b/t gov. & states

9th – rights not listed are also kept ie.: right to privacy

10th – powers not given to nat. gov. in Constit. Are “reserved to the states …. Or to the people”

Responsibility of CitizensCitizen: person who owes loyalty to particular nation Must be responsible for ourselves & consequences of our

actionsResponsibilities

VotingObeying lawsDefending nation

@ 18 all men must sign up for draft registryJury DutyVolunteeringBeing informedPaying taxes