The Constitution - Red Hook Central Schools · the government’s power. The Constitution rests on...

55
The Constitution of the United States

Transcript of The Constitution - Red Hook Central Schools · the government’s power. The Constitution rests on...

Page 1: The Constitution - Red Hook Central Schools · the government’s power. The Constitution rests on ... calls for every state to have a “republican form of government. ... citizens,

The Constitution of the

United States

Page 2: The Constitution - Red Hook Central Schools · the government’s power. The Constitution rests on ... calls for every state to have a “republican form of government. ... citizens,

In 1215, a group of English noblemen

forced King John to accept the

(Great Charter). This document

limited the powers of the king and

guaranteed important rights to noblemen

and freemen. They could not have their

property seized by the

king. They could not be

taxed without the

agreement of a

council of prominent men.

They could also not be put

on trial without witnesses

and could only be

punished by a jury of their

peers.

Page 3: The Constitution - Red Hook Central Schools · the government’s power. The Constitution rests on ... calls for every state to have a “republican form of government. ... citizens,

The Magna Carta:

• limited the monarch’s right to levy

taxes without consulting the nobles.

• protected the right to property.

• guaranteed the right to trial by jury.

Page 4: The Constitution - Red Hook Central Schools · the government’s power. The Constitution rests on ... calls for every state to have a “republican form of government. ... citizens,

In 1688, religious disputes led

England’s Parliament to

overthrow Catholic King

James and replace him with

his Protestant daughter Mary

and her husband William of

Orange. This came to be

known as the

. In 1689, William

and Mary agreed to respect

the rights of English citizens

and of Parliament.

Page 5: The Constitution - Red Hook Central Schools · the government’s power. The Constitution rests on ... calls for every state to have a “republican form of government. ... citizens,

American Colonists expected their rights to be

respected. The

established the principle that government is

based on laws made by Parliament, not

the desires of a ruler.

English citizens were guaranteed certain rights:

• Free elections and frequent meetings of

Parliament

• Excessive fines and cruel punishments

were forbidden

• People had the right to complain about

the government

• The King or Queen could not cancel laws

or impose taxes unless Parliament agreed

Page 6: The Constitution - Red Hook Central Schools · the government’s power. The Constitution rests on ... calls for every state to have a “republican form of government. ... citizens,

Enlightenment thinkers emphasized reason

and science as the paths to knowledge.

Benjamin Franklin devoted his life to

science and public service.

John Locke argued that people have

natural rights and challenged the belief

that kings have a God-given right to rule.

Page 7: The Constitution - Red Hook Central Schools · the government’s power. The Constitution rests on ... calls for every state to have a “republican form of government. ... citizens,
Page 8: The Constitution - Red Hook Central Schools · the government’s power. The Constitution rests on ... calls for every state to have a “republican form of government. ... citizens,
Page 9: The Constitution - Red Hook Central Schools · the government’s power. The Constitution rests on ... calls for every state to have a “republican form of government. ... citizens,

Seven Principles of the

United States Constitution

Popular

Sovereignty Federalism

Checks &

Balances

Individual

Rights

Republicanism Separation

of Powers

Limited

Government

Page 10: The Constitution - Red Hook Central Schools · the government’s power. The Constitution rests on ... calls for every state to have a “republican form of government. ... citizens,

Popular Sovereignty

“We the people of the

United States . . .”

These words from the

Preamble to the

Constitution clearly

spell out the source of

the government’s power.

The Constitution rests on

the idea of

, or the

people are the source

of the government’s

authority.

Page 11: The Constitution - Red Hook Central Schools · the government’s power. The Constitution rests on ... calls for every state to have a “republican form of government. ... citizens,

Republicanism

The Framers of the Constitution

wanted the people to have a voice

in government. They also feared

that public opinion might stand in

the way of sound decision making.

is based on these

beliefs. Citizens elect

representatives to carry out

their will. The Constitution also

calls for every state to have a

“republican form of government.”

Page 12: The Constitution - Red Hook Central Schools · the government’s power. The Constitution rests on ... calls for every state to have a “republican form of government. ... citizens,

Federalism

is the

division of power

between the

federal

government and

the states. The

Constitution

assigns certain

powers to

the national and

state governments.

Page 13: The Constitution - Red Hook Central Schools · the government’s power. The Constitution rests on ... calls for every state to have a “republican form of government. ... citizens,

Separation of Powers

United States

Constitution

Article 1 Legislative Branch

Congress makes

the laws.

Article 2 Executive Branch

The President

enforces

the laws.

Article 3 Judicial Branch

Supreme Court

interprets

the laws.

is the division of

basic government roles into branches.

The Framers of the Constitution built this

idea into our government to keep too

much power from falling into the hands

of a single group.

Page 14: The Constitution - Red Hook Central Schools · the government’s power. The Constitution rests on ... calls for every state to have a “republican form of government. ... citizens,

Three Branches of Government

Page 15: The Constitution - Red Hook Central Schools · the government’s power. The Constitution rests on ... calls for every state to have a “republican form of government. ... citizens,

Checks and Balances

The Framers included a

system of

in the Constitution

to help make sure that the

branches work fairly together.

Each branch of

government has the power

to check, or limit, the

actions of the other two.

Though the branches of

government are separate,

they rely on one another to

perform the work of

government.

Page 16: The Constitution - Red Hook Central Schools · the government’s power. The Constitution rests on ... calls for every state to have a “republican form of government. ... citizens,

Checks and Balances

Page 17: The Constitution - Red Hook Central Schools · the government’s power. The Constitution rests on ... calls for every state to have a “republican form of government. ... citizens,

Limited Government

LIMITED

The principle of

means the

government has only the

powers that the

Constitution gives it.

In the United States

everyone, citizens, and

powerful leaders must obey

the law. Individuals or

groups are also not

supposed to be allowed to

twist or bypass the law to

serve their own interests.

Page 18: The Constitution - Red Hook Central Schools · the government’s power. The Constitution rests on ... calls for every state to have a “republican form of government. ... citizens,

Individual Rights

The first ten amendments to

the Constitution shield people

from an overly powerful

government. These

amendments are called the

Bill of Rights. The Bill of

Rights guarantees certain

, or personal

freedoms and privileges.

Page 19: The Constitution - Red Hook Central Schools · the government’s power. The Constitution rests on ... calls for every state to have a “republican form of government. ... citizens,

The Constitution is

divided into three

main parts:

, or

opening statement;

; and

. The

Articles form the

main body of the

Constitution and is

divided into seven

sections. There are

27 Amendments or

formal changes to

the Constitution.

Page 20: The Constitution - Red Hook Central Schools · the government’s power. The Constitution rests on ... calls for every state to have a “republican form of government. ... citizens,

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 Preamble

Page 21: The Constitution - Red Hook Central Schools · the government’s power. The Constitution rests on ... calls for every state to have a “republican form of government. ... citizens,

Provide for the

common defense

Promote the

general welfare

Secure the

blessings of

liberty

Form a more

perfect Union Establish Justice

Insure domestic

tranquility

Six Goals of the

Constitution

Page 22: The Constitution - Red Hook Central Schools · the government’s power. The Constitution rests on ... calls for every state to have a “republican form of government. ... citizens,

PREAMBLE EXPLANATION EXAMPLES

“Form a more

perfect Union”

All states should work

together as a unified nation

•Interstate road network

•US coins & paper money

“Establish justice” Everyone should be treated

equally and fairly under

the law

•Court system

•Jury system

“Insure domestic

tranquility”

To insure peace and order

at home

•National Guard

•Federal marshals

“Provide for the

common defense”

Protect citizens against

foreign attack

•Army

•Navy

“Promote the

general welfare”

Contribute to the

happiness and well-

being of all citizens

•Safety in the workplace

•Aid to the poor

“Secure the blessings

of liberty to ourselves

and our posterity”

Value and protect the

rights of citizens

•Civil Rights Commission

•Federal Election

Commission

Goals of the Preamble

Page 23: The Constitution - Red Hook Central Schools · the government’s power. The Constitution rests on ... calls for every state to have a “republican form of government. ... citizens,

The Articles of the US Constitution

Page 24: The Constitution - Red Hook Central Schools · the government’s power. The Constitution rests on ... calls for every state to have a “republican form of government. ... citizens,

Article 1: The

Legislative Branch

House of

Representatives Senate

Candidate’s

Requirements

25 years old,

Citizen of US

for 7 years,

Resident of state

30 years old,

Citizen of US

for 9 years,

Resident of state

Term of

Office

2 year term,

no term limits

6 year term,

no term limits

Number of

Members

Per State

Based on

population

Based on

equality,

Two from

each state

Page 25: The Constitution - Red Hook Central Schools · the government’s power. The Constitution rests on ... calls for every state to have a “republican form of government. ... citizens,

The Vice President of

the U.S. is in charge of

all meetings of the

Senate. He can only

vote in the event of a tie.

If the VP is absent,

senators choose an

alternate leader known as

the president pro tempore

(temporary president).

The Speaker of the House

is the presiding officer in

the House of

Representatives. The

Speaker is selected by the

members of the House and

is usually a member of the

majority party.

The Legislative Branch

Page 26: The Constitution - Red Hook Central Schools · the government’s power. The Constitution rests on ... calls for every state to have a “republican form of government. ... citizens,

The Powers of Congress

The main duty of the Legislative

Branch is to make the laws.

The Constitution also gives Congress certain specific

powers. These include the powers to tax, borrow money,

regulate trade, coin money, establish a system of weights

and measures, establish a post office, naturalization (the

process by which a person can become a U.S. citizen),

provide a military, and declare war.

The powers given to Congress can be divided into three

areas: enumerated powers, implied powers, and inherent

powers.

Page 27: The Constitution - Red Hook Central Schools · the government’s power. The Constitution rests on ... calls for every state to have a “republican form of government. ... citizens,

The Powers of Congress

Enumerated powers are powers specifically

given to the Congress by the Constitution.

They are written. An example would be the

power to declare war.

Implied powers are powers given to the

Congress that are general. They are stated, but

not a lot of detail is given. An example would be

the clause that states, “To establish post offices

and post roads.” More is needed to run a post

office than just roads. It is assumed that

Congress will take care of the details.

Inherent powers are not listed in the Constitution, but

government must have them in order to run smoothly.

For example; the need to conduct foreign affairs.

Page 28: The Constitution - Red Hook Central Schools · the government’s power. The Constitution rests on ... calls for every state to have a “republican form of government. ... citizens,

13 States

•agricultural

•rural

Population

about 4

million

people

1787 Today 50 States

•industrial

•high-tech

•urban

Population

about

300 million

people

ELASTIC CLAUSE

The Elastic

Clause allows

future

generations

to expand the

meaning of

the

Constitution.

.

Page 29: The Constitution - Red Hook Central Schools · the government’s power. The Constitution rests on ... calls for every state to have a “republican form of government. ... citizens,
Page 30: The Constitution - Red Hook Central Schools · the government’s power. The Constitution rests on ... calls for every state to have a “republican form of government. ... citizens,

Article 2: The

Executive Branch

President

Term of Office 4 year term,

limit of two terms

Qualifications

35 years old, Natural-

born US citizen

for 14 years

Roles of the President

Chief Executive

Commander in Chief

Chief of State &

Chief Diplomat

Legislative Leader

Head of Political Party

Page 31: The Constitution - Red Hook Central Schools · the government’s power. The Constitution rests on ... calls for every state to have a “republican form of government. ... citizens,

American voters do not choose their president directly. Members of

the Electoral College actually elect the president. Each state’s number

of electors is equal to the number of its senators and representatives.

The Electoral College

Page 32: The Constitution - Red Hook Central Schools · the government’s power. The Constitution rests on ... calls for every state to have a “republican form of government. ... citizens,

The Executive Branch

The job of the executive branch is to carry out, or

execute the law. The President is the chief executive

and head of the executive branch, but many thousands

of people work for the President. The Vice President is

second in command. The executive branch handles

much of the day-to-day work of the country.

The President relies on a group of advisors called the

Cabinet. Each advisor is given the title of “Secretary”

and each is in charge of one of the departments of the

executive branch. Traditionally the most important

departments are the State Department, the Department

of Defense, the Department of the Treasury.

The President and VP are chosen by the electoral

college based on results from presidential elections.

Page 33: The Constitution - Red Hook Central Schools · the government’s power. The Constitution rests on ... calls for every state to have a “republican form of government. ... citizens,

The Roles of the President

Chief Executive Commander in Chief

Chief of State

Chief Diplomat Legislative Leader Head of Political Party

Page 34: The Constitution - Red Hook Central Schools · the government’s power. The Constitution rests on ... calls for every state to have a “republican form of government. ... citizens,

The President’s Cabinet

Page 35: The Constitution - Red Hook Central Schools · the government’s power. The Constitution rests on ... calls for every state to have a “republican form of government. ... citizens,

Impeachment

The President, Vice-

President and all civil

officers of the United

States can be removed

from office on

impeachment for, and

conviction of, treason,

bribery, or other high

crimes and

misdemeanors.

Page 36: The Constitution - Red Hook Central Schools · the government’s power. The Constitution rests on ... calls for every state to have a “republican form of government. ... citizens,

Article 3: The

Judicial Branch

allows the Supreme

Court and other federal courts to play

a key role in lawmaking. Judges can

examine a law or government

activity and then decide whether it

violates the Constitution. The

Supreme Court established this

important right in the case Marbury v.

Madison, 1803.

The Supreme Court and other federal courts

have the power to rule in cases involving the

Constitution, national laws, treaties, and

states’ conflicts. The main duty of the

Judicial Branch is to interpret the law.

Supreme Court Justices have unlimited terms

and no age or residency requirements.

Page 37: The Constitution - Red Hook Central Schools · the government’s power. The Constitution rests on ... calls for every state to have a “republican form of government. ... citizens,

Amending the Constitution

2/3 vote of both

houses of

Congress

2/3 of state

legislatures call

for national

convention

3/4 approval of

state legislatures

3/4 approval at

state conventions

Proposing Amendments Ratifying Amendments

Page 38: The Constitution - Red Hook Central Schools · the government’s power. The Constitution rests on ... calls for every state to have a “republican form of government. ... citizens,

Amending the Constitution

Page 39: The Constitution - Red Hook Central Schools · the government’s power. The Constitution rests on ... calls for every state to have a “republican form of government. ... citizens,

The Amendments

Personal

Freedoms

Personal

Security

Rights of

the Accused

The Bill of Rights

Amendments 1 - 10

Our living Constitution

changes with the times.

Amendments 11 - 27

Page 40: The Constitution - Red Hook Central Schools · the government’s power. The Constitution rests on ... calls for every state to have a “republican form of government. ... citizens,
Page 41: The Constitution - Red Hook Central Schools · the government’s power. The Constitution rests on ... calls for every state to have a “republican form of government. ... citizens,

Freedom of Religion

Freedom of Speech Freedom of Petition

Freedom of Assembly

Freedom of the Press

The Five Freedoms

First Amendment

Religious & Political Freedom

Page 42: The Constitution - Red Hook Central Schools · the government’s power. The Constitution rests on ... calls for every state to have a “republican form of government. ... citizens,

The Right to Bear Arms

Second Amendment

No Quartering Troops

Third Amendment

Fourth Amendment

Search and Seizure

The Bill of Rights

Page 43: The Constitution - Red Hook Central Schools · the government’s power. The Constitution rests on ... calls for every state to have a “republican form of government. ... citizens,

DOUBLE

Not compelled to

be a witness

against yourself

Private property

shall not be taken

without just

compensation

Not deprived of life,

liberty, or property,

without due process of

the law

Fifth Amendment

Rights of Accused Persons

The Bill of Rights

Page 44: The Constitution - Red Hook Central Schools · the government’s power. The Constitution rests on ... calls for every state to have a “republican form of government. ... citizens,

Sixth Amendment

Right to a Speedy, Public Trial

Seventh Amendment

Trial by Jury in Civil Cases

Eighth Amendment

Limits of Fines and Punishments

The Bill of Rights

Page 45: The Constitution - Red Hook Central Schools · the government’s power. The Constitution rests on ... calls for every state to have a “republican form of government. ... citizens,

Tenth Amendment

Powers of States and People

Ninth Amendment

Rights of People

The Bill of Rights

Page 46: The Constitution - Red Hook Central Schools · the government’s power. The Constitution rests on ... calls for every state to have a “republican form of government. ... citizens,
Page 47: The Constitution - Red Hook Central Schools · the government’s power. The Constitution rests on ... calls for every state to have a “republican form of government. ... citizens,

The Amendments

Twelfth Amendment

Election of Executives - 1804

Eleventh Amendment

Lawsuits Against States - 1798

Page 48: The Constitution - Red Hook Central Schools · the government’s power. The Constitution rests on ... calls for every state to have a “republican form of government. ... citizens,

The Amendments

Thirteenth Amendment

Slavery Abolished - 1865

Fifteenth Amendment

Right to Vote - 1870

Fourteenth Amendment

Civil Rights - 1868

Page 49: The Constitution - Red Hook Central Schools · the government’s power. The Constitution rests on ... calls for every state to have a “republican form of government. ... citizens,

The Amendments

Sixteenth Amendment

Income Tax - 1913

Seventeenth Amendment

Direct Election of Senators - 1913

Eighteenth Amendment

Prohibition - 1918

Page 50: The Constitution - Red Hook Central Schools · the government’s power. The Constitution rests on ... calls for every state to have a “republican form of government. ... citizens,

The Amendments

Nineteenth Amendment

Woman Suffrage - 1920

Twentieth Amendment

“Lame Duck” Sessions - 1933

Twenty-first Amendment

Repeal of Prohibition - 1933

Page 51: The Constitution - Red Hook Central Schools · the government’s power. The Constitution rests on ... calls for every state to have a “republican form of government. ... citizens,

The Amendments

Twenty-second Amendment

Limit on Presidential Terms - 1951

Twenty-third Amendment

Voting in District of Columbia - 1961

Twenty-fourth Amendment

Abolition of Poll Taxes - 1964

Page 52: The Constitution - Red Hook Central Schools · the government’s power. The Constitution rests on ... calls for every state to have a “republican form of government. ... citizens,

The Amendments

Twenty-seventh Amendment

Congressional Pay - 1992

Twenty-sixth Amendment

18-year-old Vote - 1971

Twenty-fifth Amendment

Presidential Succession - 1967

Page 53: The Constitution - Red Hook Central Schools · the government’s power. The Constitution rests on ... calls for every state to have a “republican form of government. ... citizens,

Vice President of the United States

Joseph R. Biden

Speaker of the House of Representatives

John A. Boehner

President pro tempore of the Senate

Patrick Leahy

Department of State

Secretary John Kerry

Department of the Treasury

Secretary Jacob J. Lew

Department of Defense

Secretary Chuck Hagel

Department of Justice

Attorney General Eric H. Holder, Jr.

Order of Succession to the Presidency

Page 54: The Constitution - Red Hook Central Schools · the government’s power. The Constitution rests on ... calls for every state to have a “republican form of government. ... citizens,

Know Your Rights

BASIC FREEDOMS

Freedom of Religion Freedom of Assembly

Freedom of Speech Freedom of Petition

Freedom of the Press

PERSONAL PROTECTIONS

The Right to Bear Arms

Freedom from Quartering Soldiers

Protection from Unreasonable Search and Seizure

The Right to a Speedy & Public Trial by Jury

No Excessive Bail or Fines

Protection from Cruel and Unusual Punishment

EQUAL PROTECTION UNDER THE LAW

No Slavery

The Right to Vote for All Citizens Over 18

Protection from Discrimination

Page 55: The Constitution - Red Hook Central Schools · the government’s power. The Constitution rests on ... calls for every state to have a “republican form of government. ... citizens,

Your Responsibilities as a Citizen

Under 18

•Take responsibility

for your behavior.

•Attend and do

well in School.

•Help your Family.

Over 18

•Vote.

•Serve on a Jury.

•Defend your

Country.

All Ages

•Obey Rules & Laws.

•Be Tolerant of Others.

•Pay Taxes.

•Volunteer for a Cause.

•Stay Informed.