TEKS/TAKS 8.16 Government. The student understands the American beliefs and principles reflected in the U.S. Constitution and other important historic documents. The student is expected to: (D) analyze how the U.S. Constitution reflects the principles of limited government, republicanism, checks and balances, federalism, separation of powers, popular sovereignty, and individual rights.
“Supreme Law of the Land” In the United States, the US Constitution is the Supreme Law . No law and no person can override the Constitution.
The Principles of Democracy Are the basic rules that the people of the United States live by. We made our US Constitution and all of our laws follow these principles. Are 7 basic principles or rules for all of us to follow in order to peacefully live together as one nation.
Principles of Democracy POPULAR SOVEREIGNTY Limited Government FEDERALISM Republicanism SEPARATION OF POWERS Checks and Balances INDIVIDUAL RIGHTS
Click on the Principles below to continue Popular Sovereignty Limited GovernmentFederalism Republicanism Separation of PowersChecks and Balances Individual Rights Finished ALL of the above? Then click here for review
Popular Sovereignty Political power rests with the people who can create, alter and abolish their government. In our country, this principle is found in the Constitution’s __________
Preamble “ We the People of the United States, in order to form a more perfect union, …. do ordain and establish this Constitution for the United States of America.”
We, the People can … Amend the Constitution to keep up with today’s generation Petition the government to do something we want Form groups that support causes we believe in And lots more!!
Remember – Popular Sovereignty means We, the People control our government! Return to “Principles”
Limited Government Does this mean we can tell our government what to do or what not to do?
YES!!! In the Constitution, the people established the government to serve us. We were tired of the abusive King and fought for independence. We did not want to be abused by another king or government so we ….
Powers granted Government can only do certain things like Pass new laws or taxes if a majority of our representatives in Congress agrees Coin money Make treaties with foreign nations Raise an army and navy Regulate trade between the states [interstate commerce] And more.
Powers denied Government can NOT do certain things Why is First Lady Michelle Obama not called a Queen? We have no titles of nobility in the United States Can Congress pass a law today that says what we did yesterday was wrong?
NO WAY! These types of laws are called ex post facto laws . The Constitution prohibits Congress and state governments from passing such unfair laws. Can a state declare war on another country?
NO. The Constitution only gives the national government the power to declare war.Think of the mess we would be in if 50 different states could declare war!
Limited Government Congress and the state governments are restricted by what the Constitution says. Gov’t officials also have to follow the rules-- Think of the Constitution as the government’s return to Click to parents! “Principles”
Federalismo Is the distribution of power between the national government, the states’ governments and local governments . Refers to the different levels within our government.
Federalism Compare to a building with 3 floors … National State Local
Each level of government has its own responsibilities. Sometimes, these responsibilities are shared or overlap [known as concurrent powers ] . For example, taxes: national = income tax, state = sales tax, local = property tax
Sometimes, these responsibilities belong to just one level. For example, National = can declare war , States = can determine driver’s license requirements or high school diploma requirements
Federalism Levels of government --- 3 layers Remember: you are a resident of Montgomery County, a resident of the state of Texas, and a citizen of the United States
Federalism National, state and local …… governments working under one Constitution Click here to return to “Principles”
Republicanism A form of government where the people vote for representatives to make laws and run the government on their behalf [to take care of the people]
Republicanism’s tie to Popular Sovereignty? The People control the government by voting for elected representatives the representatives meet with other representatives to make laws for the public good if the representatives abuse the people, the people can take back their “consent” and vote them out of office then the people vote for new elected representatives ….Hey, are we starting over?
Yes! Remember: in a Republic, the representatives work for the people! Return to “Principles”
Separation of Powers Each branch of government is given an equal, but different, set of powers The US Constitution is divided into different Articles (like chapters in your book)
This diagram illustrates the separation of powers US ConstitutionLegislative Branch Executive Branch Judicial Branch Congress President Supreme Court Makes Laws Enforces Laws Interprets Laws
Each of the first 3 articles dealswith a different branch ofgovernment – Article I Legislature (Congress) Article II Executive (President) Article III Judiciary (Supreme Court and other courts)
ResponsibilitiesEach branch has a different responsibility in our government --- o Legislative branch -- makes our laws o Executive branch – enforces our laws o Judicial branch – interprets our laws
Think: each branch of government not only has different powers but also different buildings! Return to “Principles”
Separation of PowersThere’s no way you can walk into all 3 buildings at the same time! o Capitol = Legislative o White House = Executive o Supreme Court building = Judiciary
Checks and BalancesThe ability of each branch of government to oversee the other branches, to prevent abuse and to keep everything in “balance” or…No branch is number one over the other two.
Example: Congress passes a law the President thinks is wrong. The President checks Congress by …
Using the VETO [torefuse to sign andmake into law].
Congress thinksthe President iswrong. Congresschecks thePresident by …
Re-passing the law with a 2/3 vote or override.The Supreme Court thinks Congress or the President is wrong. The Court can …
Declare the law or action unconstitutionalby using judicial review to compare the law or action to what the Constitution ‘says’. Return to TAKS question 2
Checks and Balances Keeps our system even Return to “Principles”
Individual Rights Each person in the United States has rights The Declaration of Independence spoke of these as being “ unalienable” or not separate from you
By limiting government andseparating powers the Constitution provides …. For your Rights!
More protection isprovided by the … ah, let me think, the…
Bill of Rights! The First 10 amendments to the Constitution Prohibits Congress or the national government from taking away your basic rights
Can you list some examples of your rights found in the Bill of Rights?
1 Amendment – st Freedom of Speech Freedom of the Press Freedom of Assembly Freedom to Petition Free Exercise of Religion No Government Established Religion
4th Amendment – no unreasonable search without a warrant 5th Amendment – right to not incriminate yourself 6th Amendment – right to an attorney
Wow! What a list?! Are these the only rights you have? or
No! Incase they forgot to list some rights, the 9 Amendment th covers all other rights not listed in Amendments 1-8. Example: right to privacy
Are your rights absolute? Can you exercise your rights at any time?
Sorry, the answer is no. Your rights are limited by the rights of the person standing next to you .
Think of your rights as a bubble that walks around with you. When you go down the hall, your rights bump into someone else’s rights!Return to “Principles”
Let’s review – Principles of Democracy are… the rules our society used to form our government the rules we still use today to guide us
Principles of Democracy include … Popular Sovereignty Limited Government Individual rights Federalism Separation of Powers Checks and Balances Republicanism
TAKS Practice: No freeman shall be arrested or imprisoned or dispossessed or … in any way harmed … except by the lawful judgment of his peers or by the law of the land. --- Magna Carta, 1215Which aspect of the US government did this document most clearly influence? A. Separation of powers B. Guarantee of individual rights C. Duties of the president D. System of checks and balances
Sorry, A is incorrectThe phrase “except by the lawful judgment of his peers” refers to trial by jury while “or by the law of the land” refers to due process. Separation of powers refers to the different duties of government’s branches. Try again
Sorry, C is incorrectLook again at the words “imprisoned” and“judgment of his peers”. These words referto being sent to prison after a jury findsone guilty. The President cannot try aperson. Try again
Sorry, D is incorrect.A system of checks and balances involvesone person doing something and the otherperson seeing if it is right. When a teachercorrects your paper, he checks it for you.Here, the Magna Carta is talking about notsending someone to prison without a trial. Try again
You got it! B is correct. The excerpt is talking about the right to trial by jury and the right to due process. Both of these individual rights are guaranteed in the Bill of Rights.
TAKS again: It’s a Go!! Supreme Court Reviews Bush’s Affirmative Action Plan2. What principle does the headline illustrate? A. republicanism B. individual rights C. limited government D. checks and balances
A is not the right answer.Republicanism involves electedrepresentatives acting in place of thevoters at home. The Supreme Court is notelected and does not directly represent thepeople. Try again.
Sorry, B is not the right answer.Although affirmative action is a civil right, it is not the answer because affirmative action is not the subject of the sentence [it’s the object]. Try again
Sorry. C is not the correct answer.This is a close one. The federal and stategovernments are limited in their powersbut here the action verb is “reviews”.Define judicial review. Then look atwhat the Supreme Court is doing. Try again
Terrific! D is the answer!!The judicial branch is checking thegovernment’s action – a plan foraffirmative action to see if it follows theConstitution. The Court said this planfollowed the Constitution and did nothave to be changed.
TAKS practice:3. When the federal courts required all public schools in all states to desegregate, Pres. Eisenhower sent troops to protect the “Little Rock Nine” and to implement the Brown decision. This action was an example of A. federalism. B. nullification. C. reverse discrimination. D. republicanism.
B is not the right answer.Nullification means to declare a nationallaw void and invalid; to make useless.Although Gov. Faubus did try to nullify thecourts’ orders, the action in the questionconcerns Pres. Eisenhower and histroops. What did Pres. Eisenhower thinkwas ranked higher: federal or state law? Try again
Sorry. C is not the right answer.Reverse discriminationmeans favoring minoritiesover whites. This questiondoes not concern this issue. Try again
Missed… D is not the correct answer.Republicanism involves electedrepresentatives acting for the people.Congress is not involved in this question.That’s okay … try again!
Super! You really know your government! A is the correct answer. During integration the federal and state governments had to work together to advance civil rights. In the 1950s the federal government led the way for the states and kept the US Constitution supreme over state laws.
You’ve done at great job!Complete your worksheet including the diagramson the back. If you have any blanks or wish toreview again, you may.