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.

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Civics Goal 2

  1. 1. Civics Goal 2<br />
  2. 2. Principles of the Constitution<br />a.k.a. The things that our government is based on today<br />
  3. 3. The Constitution<br />DISCUSS: Where have we seen “separation of powers” before?<br />
  4. 4. Popular Sovereignty<br />Explanation: The people are the source of government’s power (“We the people…”).<br />Example:<br />Voting<br />Recall elections<br />Propositions & Referendums<br />
  5. 5. Limited Government<br />Explanation: The government’s power is restricted by Constitution and Bill of Rights.<br />Example:<br />Police must have a warrant<br />Punishments must match crimes<br />Congress can not pass a law telling you what to eat for lunch<br />CONSTITUTION<br />
  6. 6. DISCUSS: Defend this sentence-Although England has a King, their government is based on the idea of Limited Government.Hint: Magna Carta<br />
  7. 7. Checks and Balances<br />Explanation: When one branch of government restricts another from doing something wrong for the country.<br />Example:<br />Congress wants to raise taxes, but President must agree.<br />President hides information from the public, but Supreme Court force him to give it up.<br />
  8. 8. Separation of Powers<br />Explanation: Dividing the powers of government between 3 branches so no one has too much power.<br />Example:<br />President wants to make flag burning illegal, but it is not his job to make the laws<br />
  9. 9. DISCUSS: Do you think “Checks and Balances” can exist within a government that does NOT have Separation of Powers?<br />
  10. 10. Federalism<br />Explanation: Dividing powers of gov’t between a national (federal) gov’t and smaller state governments. <br />Example:<br />You will pay taxes to two governments<br />School in N.C. is different from school in S.C.<br />
  11. 11. DISCUSS: Which of the 5 Principles might be the most important to people who vote?<br /><ul><li>Popular Sovereignty
  12. 12. Limited Government
  13. 13. Separation of Powers
  14. 14. Checks and Balances
  15. 15. Federalism</li></li></ul><li>Judicial Review<br />The power of the Supreme court to review laws.<br />This principle was established by the Supreme Court case Marbury vs. Madison (1803)<br />
  16. 16. Preamble<br />A) Where is the Preamble located? <br /> -At the beginning of the Constitution (Introduction paragraph)<br />B) What is the purpose of the Preamble?<br /> -It identifies the 6 purposes or things the government will try to do under the Constitution.<br />
  17. 17. Where is the “Establishment Clause” located and what does it state?<br />Located in the 1st Amendment (freedom of religion)<br />It states that &quot;Congress shall make no law respecting an establishment of religion&quot;<br />
  18. 18.
  19. 19. Qualifications of Offices of the 3 Branches of Government<br />
  20. 20. House of Representatives (Legislative Branch)<br />Age: 25<br />Citizenship/ Residency: Must be an American Citizen for 7 years and a resident of the state he or she represents<br />Length of Term: 2 Years<br />Term Limit: Unlimited as long as reelected<br />
  21. 21. Senate (Legislative Branch)<br />Age: 30 years old<br />Citizenship/ Residency: Must be a citizen for 9 years and must live in the state from which elected<br />Length of Term: 6 years<br />Term Limit: Unlimited as long as reelected<br />
  22. 22. President/ Vice President (Executive Branch)<br />Age: 35 years old<br />Citizenship/ Residency: Must have been born a citizen of the US and a resident of the United States for 14 years<br />Length of Term: 4 years<br />Term Limit: 2 terms<br />
  23. 23. Supreme Court Justice(Judicial Branch)<br />Age: No age limit<br />Citizenship/ Residency: No Residency requirement<br />Length of Term: Life<br />Term Limit: Life<br />
  24. 24. The Separation of Powers<br />
  25. 25. Separation of Powers- Why?<br />The framers of the constitution included the separation of powers for one primary reason: to prevent the majority from achieving absolute rule<br />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<br />
  26. 26. What are the Checks and Balances?<br />The Congress passes laws, but the president can veto it, which in turn can be overridden by the congress. <br />The President appoints judges and department heads (secretaries), but these must be approved by the Senate<br /><ul><li>The Supreme court can rule a law unconstitutional, and therefore invalid, however, the congress can amend (change) the constitution</li></li></ul><li>Specific powers of each Branch<br />POWERS:<br />The Executive Branch<br />veto power, <br />appointment of judges,<br />make treaties, <br />pardon power<br />ensure laws are carried out<br />CHECKS:<br />Legislative Branch<br />can override vetoes, <br />refuse to confirm appointments, <br />reject treaties, <br />declare war, <br />impeach the president <br />Judicial Branch <br />can declare executive acts unconstitutional<br />
  27. 27. Specific powers of each Branch<br />POWERS:<br />The Legislative Branch<br /> pass all federal laws<br />establish all lower federal courts<br />override presidential veto<br />impeach the president <br />CHECKS:<br />Executive Branch<br /><ul><li>can veto any bill
  28. 28. call Congress into session</li></ul>Judicial Branch<br />declare laws unconstitutional<br />
  29. 29. Specific powers of each Branch<br />CHECKS:<br />Executive Branch<br />appoints judges<br />Legislative Branch <br />can impeach judges<br />and approves presidential appointments<br />can amend constitution to overturn judicial decisions<br />POWERS:<br />The Judicial Branch<br />try federal cases,<br />interpret laws, <br />declare executive actions & laws unconstitutional<br />
  30. 30. Questions for discussion<br />Which branch is the most powerful ?<br />Is one branch more powerful than the others ? Explain. Give examples<br />Why did the framers believe a separation of powers was so important ?<br />
  31. 31.
  32. 32. The System of Federalism <br />Dividing powers of government between a national (federal) government and smaller state governments<br />
  33. 33. Types of Powers<br />Expressed Powers: Powers actually written in the Constitution<br />ex: “Congress shall have the power…to raise and support Armies”<br />Implied Powers: Powers not actually listed in the Constitution, but are assumed<br />ex: Congress draft citizens into the army<br />
  34. 34. Elastic clausea.k.a. “necessary and proper clause”<br />“Congress has the power to make all Laws which shall be necessary and proper for carrying into Execution the…powers vested by the Constitution.”<br />Allows Congress to expand its powers when needed.<br />EX: Constitution says- “power to…repel invasions” but Congress has allowed wiretapping of suspected terrorists without warrants.<br />
  35. 35. National (Federal) Government Powersa.k.a. Expressed Powers<br />Coin money<br />Regulate interstate trade<br />Interstate=between states<br />Create armies<br />Declare war<br />Deal with other countries<br />
  36. 36. State Powersa.k.a. Reserved Powers (10th Amendment)<br />Maintain Public Schools<br />Regulate alcohol<br />Conduct elections<br />License professionals<br />
  37. 37. National & State Powersa.k.a. Concurrent Powers<br />Collect taxes<br />Borrow Money<br />Establish Courts<br />Define crimes & punishments<br />
  38. 38. Supremacy Clause<br />What does the Supremacy Clause state about the relationship between the federal and state governments?<br />The Federal law (US Constitution) is above all state laws<br />States cannot make laws that conflict with US laws.<br />
  39. 39. 36<br />
  40. 40. 37<br />Pigeonhole<br />Step #2 & #5<br />When a committee or sub-committee puts a Bill aside until it is forgotten about (dies)<br />
  41. 41. 38<br />Filibuster<br />Step #6<br />When a senator tries to prevent a vote by talking as long as possible during the debate<br />
  42. 42. 39<br />Cloture<br />Step #6<br />When 60 Senators vote to stop (clot) a filibuster<br />
  43. 43. 40<br />Conference Committee<br />Step #7<br />When members of the HoR and Senate compromise on differences in a Bill before it goes to the President.<br />
  44. 44. 41<br />Veto<br />Step #8<br />When the President rejects a Bill <br />
  45. 45. 42<br />Pocket Veto<br />Step #8<br />When the President puts a Bill aside for 10 days and it does not become a law<br />
  46. 46. 43<br />Override Veto<br />Step #9<br />If President Vetoes or Pocket Vetoes a Bill, The Senate and HoR can override the President if 2/3 of each house agrees.<br />
  47. 47. 44<br />The 9 steps of how a Bill becomes a Law<br />Step #1<br />Bill introduced into the HoR<br />Step #2<br />Bill goes to committee & subcommittee<br />Step #3<br />Debate and voted on in the HoR<br />
  48. 48. 45<br />The 9 steps of how a Bill becomes a Law<br />Step #4<br />Bill introduced into the Senate<br />Step #5<br />Bill goes to committee<br />Step #6<br />Debate and voted on in the Senate<br />
  49. 49. 46<br />The 9 steps of how a Bill becomes a Law<br />Step #7<br />Conference Committee<br />Step #8<br />Presidential Action<br />Sign<br />Veto<br />Pocket Veto<br />Step #9<br />Override Veto<br />
  50. 50. 47<br />The Bill Flow Chart:<br />Introduction in the House of Reps.<br /> Sent to Committee/ Sub- Committee<br />Debate & Vote in the HoR<br />Sent to the Senate and Introduced<br />Senate Committee<br />Veto Override:<br />2/3 Vote in Congress = Law<br />Debate & vote <br />Senate Floor Vote<br />Conference Committtee<br />Sent to the President:<br />Signs = Law<br />Veto  No Law<br />
  51. 51. I’m Just a Bill<br />
  52. 52. The Constitution and the Amendment Process (Article V)<br />
  53. 53. Marbury vs. Madison<br />What is the lasting impact??<br />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)<br />
  54. 54. To PROPOSE an Amendment<br />Method 1<br />By 2/3 vote in both the House and the Senate<br />[most common method of proposing an amendment]<br />Or<br />Method 2<br />By national constitutional convention called by Congress at the request of 2/3 (34) of the state legislatures<br />[This method has never been used]<br />
  55. 55. To RATIFY an Amendment<br />Method 1<br />By legislatures in ¾ (38) of the states<br />[in all but one case, this is how amendments have been ratified]<br />Or<br />Method 2<br />Ratified through conventions in ¾ (38) of the states. <br />[Only been used once to ratify the 21st Amendment]<br />
  56. 56. Amendment Process<br />Methods of Proposal<br />Methods of Ratification<br />Method 1<br />By 2/3 vote in both the House and the Senate<br />Method 1<br />By legislatures in ¾ of the states<br />Or<br />Or<br />Method 2<br />Ratified through conventions in ¾ of the states. <br />Method 2<br />By national constitutional convention called by Congress at the request of 2/3 of the state legislatures<br />
  57. 57. 13TH Amendment (1865)<br />Ended slavery in the United States<br />
  58. 58. 14TH Amendment (1868)<br />Equal protection under the law<br />Both national and state gov’ts must guarantee everyone their civil liberties<br />Defined citizenship<br />
  59. 59. 15TH Amendment (1870)<br /><ul><li>Cannot be denied the right to vote based on race, color, or previous condition of servitude
  60. 60. All men gained the right to vote</li></li></ul><li>19TH Amendment (1920)<br /><ul><li>Women gained suffrage (right to vote)</li></li></ul><li>24TH Amendment (1964)<br />Elimination of poll taxes<br />Cannot be forced to pay a fee in order to vote<br />
  61. 61. 26TH Amendment (1971)<br />All citizens 18 years of age and older have the right to vote<br />
  62. 62. Exploring the Bill of RightsFor the 21st Century<br />
  63. 63. The First Amendment<br />Five Essential <br />Freedoms and Rights<br />
  64. 64. Freedom of Speech<br />Congress shall make no laws . . . <br />abridging the freedom of speech<br />
  65. 65. Freedom of Religion<br />Congress shall make no law respecting an establishment of religion or prohibiting the free exercise there of<br />
  66. 66. Freedom of the Press<br />Congress shall make no law . . .<br />abridging . . . the freedom of the<br />press.”<br />
  67. 67. Freedom of Assembly<br />Congress shall make no law . . . Abridging . . . The people to peaceably assemble”<br />
  68. 68. Petition the Government<br />Congress shall make no law . . . Abridging . . . the people. . . to petition the government for a redress of grievances”<br />
  69. 69. 2nd Amendment<br />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.<br />
  70. 70. 3rd Amendment<br />No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war. . . .<br />
  71. 71. 4th Amendment<br />The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, <br />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<br />
  72. 72. 5th Amendment<br />No person shall be held to answer for a … crime unless on a presentment or indictment of a Grand Jury <br />nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb<br />[double jeopardy]<br />nor shall be compelled in any criminal case to be a witness against himself [self-incrimination]<br />
  73. 73. 5th Amendment<br />nor be deprived of life, liberty, or property, without due process of law<br />nor shall private property be taken for public use, without just compensation [eminent domain]<br />
  74. 74. 6th Amendment<br />In all criminal prosecutions, the accused shall enjoy<br />The right to a speedy and public trial by an impartial jury<br />To be informed of the nature and cause of the accusation<br />To have compulsory process for obtaining witnesses in his favor<br />To have Assistance of Counsel for his defense<br />
  75. 75. 7th Amendment<br />In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved….<br />
  76. 76. Eighth Amendment<br />No excessive bail<br />No cruel and unusual punishment<br />
  77. 77. © 2004 Wadsworth Publishing / Thomson Learning™<br />States that Allow the Death Penalty<br />
  78. 78. 9th Amendment<br />The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people<br />[other rights may be protected even if not included in the Bill of Rights ex: right to privacy]<br />
  79. 79. 10th Amendment<br />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.<br />[states&apos; rights]<br />
  80. 80. The Civil War Amendments<br />13th Amendment (1865) – neither slavery nor involuntary servitude shall exist in the United States<br />14th Amendment (1868) – all persons born or naturalized in the United State are citizens<br />states cannot abridge the privileges or immunities of citizens<br />all persons (whether or not they are citizens) are entitled to due process<br />all persons are entitled to equal protection<br />15th Amendment (1870) – the right to vote shall not be denied because of race, color or previous condition of servitude<br />
  81. 81. The Voting Amendments<br /><ul><li>19th Amendment (1920) – Equal Suffrage – the right to vote should not be denied by any account of sex
  82. 82. 24th Amendment (1964) – Voting is free for all citizens and no poll tax or literacy test is required.
  83. 83. 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.</li></li></ul><li>The other Important ones...<br /><ul><li>18th Amendment (1919) – Prohibition of intoxicating liquors. This amendment made owning, manufacturing, and drinking alcohol illegal. This led to an increase in organized crime.
  84. 84. 21st Amendment (1933) – Repeal of 18th Amendment. This cancelled the 18th Amendment form the Constitution.
  85. 85. 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)
  86. 86. 25th Amendment (1965) – Presidential succession is revised to be a more descriptive system.</li>