Civics Goal 2
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Civics Goal 2

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The three branches of government, checks and balances, and separation of powers. Also includes how a bill becomes a law.

The three branches of government, checks and balances, and separation of powers. Also includes how a bill becomes a law.

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Civics Goal 2 Civics Goal 2 Presentation Transcript

  • Civics Goal 2
  • Principles of the Constitution
    a.k.a. The things that our government is based on today
  • The Constitution
    DISCUSS: Where have we seen “separation of powers” before?
  • Popular Sovereignty
    Explanation: The people are the source of government’s power (“We the people…”).
    Example:
    Voting
    Recall elections
    Propositions & Referendums
  • Limited Government
    Explanation: The government’s power is restricted by Constitution and Bill of Rights.
    Example:
    Police must have a warrant
    Punishments must match crimes
    Congress can not pass a law telling you what to eat for lunch
    CONSTITUTION
  • DISCUSS: Defend this sentence-Although England has a King, their government is based on the idea of Limited Government.Hint: Magna Carta
  • Checks and Balances
    Explanation: When one branch of government restricts another from doing something wrong for the country.
    Example:
    Congress wants to raise taxes, but President must agree.
    President hides information from the public, but Supreme Court force him to give it up.
  • Separation of Powers
    Explanation: Dividing the powers of government between 3 branches so no one has too much power.
    Example:
    President wants to make flag burning illegal, but it is not his job to make the laws
  • DISCUSS: Do you think “Checks and Balances” can exist within a government that does NOT have Separation of Powers?
  • Federalism
    Explanation: Dividing powers of gov’t between a national (federal) gov’t and smaller state governments.
    Example:
    You will pay taxes to two governments
    School in N.C. is different from school in S.C.
  • DISCUSS: Which of the 5 Principles might be the most important to people who vote?
    • Popular Sovereignty
    • Limited Government
    • Separation of Powers
    • Checks and Balances
    • Federalism
  • Judicial Review
    The power of the Supreme court to review laws.
    This principle was established by the Supreme Court case Marbury vs. Madison (1803)
  • Preamble
    A) Where is the Preamble located?
    -At the beginning of the Constitution (Introduction paragraph)
    B) What is the purpose of the Preamble?
    -It identifies the 6 purposes or things the government will try to do under the Constitution.
  • Where is the “Establishment Clause” located and what does it state?
    Located in the 1st Amendment (freedom of religion)
    It states that "Congress shall make no law respecting an establishment of religion"
  • Qualifications of Offices of the 3 Branches of Government
  • House of Representatives (Legislative Branch)
    Age: 25
    Citizenship/ Residency: Must be an American Citizen for 7 years and a resident of the state he or she represents
    Length of Term: 2 Years
    Term Limit: Unlimited as long as reelected
  • Senate (Legislative Branch)
    Age: 30 years old
    Citizenship/ Residency: Must be a citizen for 9 years and must live in the state from which elected
    Length of Term: 6 years
    Term Limit: Unlimited as long as reelected
  • President/ Vice President (Executive Branch)
    Age: 35 years old
    Citizenship/ Residency: Must have been born a citizen of the US and a resident of the United States for 14 years
    Length of Term: 4 years
    Term Limit: 2 terms
  • Supreme Court Justice(Judicial Branch)
    Age: No age limit
    Citizenship/ Residency: No Residency requirement
    Length of Term: Life
    Term Limit: Life
  • The Separation of Powers
  • Separation of Powers- Why?
    The framers of the constitution included the separation of powers for one primary reason: to prevent the majority from achieving absolute rule
    As part of this separation of powers, each of the three branches have Checks and Balances” on the authority of the other two branches the power of each branch is limited or”checked” by the other two so none gain too much power
  • What are the Checks and Balances?
    The Congress passes laws, but the president can veto it, which in turn can be overridden by the congress.
    The President appoints judges and department heads (secretaries), but these must be approved by the Senate
    • The Supreme court can rule a law unconstitutional, and therefore invalid, however, the congress can amend (change) the constitution
  • Specific powers of each Branch
    POWERS:
    The Executive Branch
    veto power,
    appointment of judges,
    make treaties,
    pardon power
    ensure laws are carried out
    CHECKS:
    Legislative Branch
    can override vetoes,
    refuse to confirm appointments,
    reject treaties,
    declare war,
    impeach the president
    Judicial Branch
    can declare executive acts unconstitutional
  • Specific powers of each Branch
    POWERS:
    The Legislative Branch
    pass all federal laws
    establish all lower federal courts
    override presidential veto
    impeach the president
    CHECKS:
    Executive Branch
    • can veto any bill
    • call Congress into session
    Judicial Branch
    declare laws unconstitutional
  • Specific powers of each Branch
    CHECKS:
    Executive Branch
    appoints judges
    Legislative Branch
    can impeach judges
    and approves presidential appointments
    can amend constitution to overturn judicial decisions
    POWERS:
    The Judicial Branch
    try federal cases,
    interpret laws,
    declare executive actions & laws unconstitutional
  • Questions for discussion
    Which branch is the most powerful ?
    Is one branch more powerful than the others ? Explain. Give examples
    Why did the framers believe a separation of powers was so important ?
  • The System of Federalism
    Dividing powers of government between a national (federal) government and smaller state governments
  • Types of Powers
    Expressed Powers: Powers actually written in the Constitution
    ex: “Congress shall have the power…to raise and support Armies”
    Implied Powers: Powers not actually listed in the Constitution, but are assumed
    ex: Congress draft citizens into the army
  • Elastic clausea.k.a. “necessary and proper clause”
    “Congress has the power to make all Laws which shall be necessary and proper for carrying into Execution the…powers vested by the Constitution.”
    Allows Congress to expand its powers when needed.
    EX: Constitution says- “power to…repel invasions” but Congress has allowed wiretapping of suspected terrorists without warrants.
  • National (Federal) Government Powersa.k.a. Expressed Powers
    Coin money
    Regulate interstate trade
    Interstate=between states
    Create armies
    Declare war
    Deal with other countries
  • State Powersa.k.a. Reserved Powers (10th Amendment)
    Maintain Public Schools
    Regulate alcohol
    Conduct elections
    License professionals
  • National & State Powersa.k.a. Concurrent Powers
    Collect taxes
    Borrow Money
    Establish Courts
    Define crimes & punishments
  • Supremacy Clause
    What does the Supremacy Clause state about the relationship between the federal and state governments?
    The Federal law (US Constitution) is above all state laws
    States cannot make laws that conflict with US laws.
  • 36
  • 37
    Pigeonhole
    Step #2 & #5
    When a committee or sub-committee puts a Bill aside until it is forgotten about (dies)
  • 38
    Filibuster
    Step #6
    When a senator tries to prevent a vote by talking as long as possible during the debate
  • 39
    Cloture
    Step #6
    When 60 Senators vote to stop (clot) a filibuster
  • 40
    Conference Committee
    Step #7
    When members of the HoR and Senate compromise on differences in a Bill before it goes to the President.
  • 41
    Veto
    Step #8
    When the President rejects a Bill
  • 42
    Pocket Veto
    Step #8
    When the President puts a Bill aside for 10 days and it does not become a law
  • 43
    Override Veto
    Step #9
    If President Vetoes or Pocket Vetoes a Bill, The Senate and HoR can override the President if 2/3 of each house agrees.
  • 44
    The 9 steps of how a Bill becomes a Law
    Step #1
    Bill introduced into the HoR
    Step #2
    Bill goes to committee & subcommittee
    Step #3
    Debate and voted on in the HoR
  • 45
    The 9 steps of how a Bill becomes a Law
    Step #4
    Bill introduced into the Senate
    Step #5
    Bill goes to committee
    Step #6
    Debate and voted on in the Senate
  • 46
    The 9 steps of how a Bill becomes a Law
    Step #7
    Conference Committee
    Step #8
    Presidential Action
    Sign
    Veto
    Pocket Veto
    Step #9
    Override Veto
  • 47
    The Bill Flow Chart:
    Introduction in the House of Reps.
    Sent to Committee/ Sub- Committee
    Debate & Vote in the HoR
    Sent to the Senate and Introduced
    Senate Committee
    Veto Override:
    2/3 Vote in Congress = Law
    Debate & vote
    Senate Floor Vote
    Conference Committtee
    Sent to the President:
    Signs = Law
    Veto  No Law
  • I’m Just a Bill
  • The Constitution and the Amendment Process (Article V)
  • Marbury vs. Madison
    What is the lasting impact??
    The judicial branch has a duty to uphold the Constitution. Thus, it must be able to determine when a law conflicts with the Constitution and to nullify unconstitutional laws (Judicial Review)
  • To PROPOSE an Amendment
    Method 1
    By 2/3 vote in both the House and the Senate
    [most common method of proposing an amendment]
    Or
    Method 2
    By national constitutional convention called by Congress at the request of 2/3 (34) of the state legislatures
    [This method has never been used]
  • To RATIFY an Amendment
    Method 1
    By legislatures in ¾ (38) of the states
    [in all but one case, this is how amendments have been ratified]
    Or
    Method 2
    Ratified through conventions in ¾ (38) of the states.
    [Only been used once to ratify the 21st Amendment]
  • Amendment Process
    Methods of Proposal
    Methods of Ratification
    Method 1
    By 2/3 vote in both the House and the Senate
    Method 1
    By legislatures in ¾ of the states
    Or
    Or
    Method 2
    Ratified through conventions in ¾ of the states.
    Method 2
    By national constitutional convention called by Congress at the request of 2/3 of the state legislatures
  • 13TH Amendment (1865)
    Ended slavery in the United States
  • 14TH Amendment (1868)
    Equal protection under the law
    Both national and state gov’ts must guarantee everyone their civil liberties
    Defined citizenship
  • 15TH Amendment (1870)
    • Cannot be denied the right to vote based on race, color, or previous condition of servitude
    • All men gained the right to vote
  • 19TH Amendment (1920)
    • Women gained suffrage (right to vote)
  • 24TH Amendment (1964)
    Elimination of poll taxes
    Cannot be forced to pay a fee in order to vote
  • 26TH Amendment (1971)
    All citizens 18 years of age and older have the right to vote
  • Exploring the Bill of RightsFor the 21st Century
  • The First Amendment
    Five Essential
    Freedoms and Rights
  • Freedom of Speech
    Congress shall make no laws . . .
    abridging the freedom of speech
  • Freedom of Religion
    Congress shall make no law respecting an establishment of religion or prohibiting the free exercise there of
  • Freedom of the Press
    Congress shall make no law . . .
    abridging . . . the freedom of the
    press.”
  • Freedom of Assembly
    Congress shall make no law . . . Abridging . . . The people to peaceably assemble”
  • Petition the Government
    Congress shall make no law . . . Abridging . . . the people. . . to petition the government for a redress of grievances”
  • 2nd Amendment
    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.
  • 3rd Amendment
    No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war. . . .
  • 4th Amendment
    The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures,
    shall not be violated, and no Warrants shall issue, but upon probable cause, ….. particularly describing the place to be searched, and the persons or things to be seized
  • 5th Amendment
    No person shall be held to answer for a … crime unless on a presentment or indictment of a Grand Jury
    nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb
    [double jeopardy]
    nor shall be compelled in any criminal case to be a witness against himself [self-incrimination]
  • 5th Amendment
    nor be deprived of life, liberty, or property, without due process of law
    nor shall private property be taken for public use, without just compensation [eminent domain]
  • 6th Amendment
    In all criminal prosecutions, the accused shall enjoy
    The right to a speedy and public trial by an impartial jury
    To be informed of the nature and cause of the accusation
    To have compulsory process for obtaining witnesses in his favor
    To have Assistance of Counsel for his defense
  • 7th Amendment
    In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved….
  • Eighth Amendment
    No excessive bail
    No cruel and unusual punishment
  • © 2004 Wadsworth Publishing / Thomson Learning™
    States that Allow the Death Penalty
  • 9th Amendment
    The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people
    [other rights may be protected even if not included in the Bill of Rights ex: right to privacy]
  • 10th Amendment
    The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
    [states' rights]
  • The Civil War Amendments
    13th Amendment (1865) – neither slavery nor involuntary servitude shall exist in the United States
    14th Amendment (1868) – all persons born or naturalized in the United State are citizens
    states cannot abridge the privileges or immunities of citizens
    all persons (whether or not they are citizens) are entitled to due process
    all persons are entitled to equal protection
    15th Amendment (1870) – the right to vote shall not be denied because of race, color or previous condition of servitude
  • The Voting Amendments
    • 19th Amendment (1920) – Equal Suffrage – the right to vote should not be denied by any account of sex
    • 24th Amendment (1964) – Voting is free for all citizens and no poll tax or literacy test is required.
    • 26th Amendment (1971) – Voting age is lowered to 18. This was a result of the soldiers dying in the Vietnam War that were unable to vote, but could die for that president.
  • The other Important ones...
    • 18th Amendment (1919) – Prohibition of intoxicating liquors. This amendment made owning, manufacturing, and drinking alcohol illegal. This led to an increase in organized crime.
    • 21st Amendment (1933) – Repeal of 18th Amendment. This cancelled the 18th Amendment form the Constitution.
    • 22nd Amendment (1947) – Presidential Tenure. No person shall be elected to the office of the president for more than 2 terms. (Total of 8 years)
    • 25th Amendment (1965) – Presidential succession is revised to be a more descriptive system.