A Little Bit of Government

Forming a more perfect union

• 1776: 13 colonies declare their independence from England: Need a government

• 1776-1783: American Revolution• First government: Articles of Confederation: too

weak..we got an F..too much power to states• May—September 1787: Constitutional

Convention:Philadelphia, Pennsylvania• James Madison, Benjamin Franklin, George Washington• “Me thinks I smell a rat.” Patrick Henry

More Perfect Union…

• United States Constitution: THE HIGHEST LAW IN THE LAND: OUR RULE BOOK

• Preamble: 5 goals for a more perfect union…We the People….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…”

Let’s sing it….

The Seven Articles…

• Seven main parts of the United States Constitution: Articles

• Article I: Legislative Branch• Article II: Executive Branch• Article III: Judicial Branch• Article IV: States Rights• Article V: Amending the Constitution• Article VI: Supremacy of National Law• Article VII: Ratification of the Constitution

Three Branches of Government

• Fear of Power: Separation of Powers: the idea to divide power among the three branches of government

• Legislative Branch: Congress: makes the laws ( PO)• Executive Branch: President: enforces the laws (WE)• Judicial Branch: Courts: interpret the laws (R)• PO+WE+R=POWER

More about the tree….

• Legislative: Congress: two houses: House of Representatives (435) and Senate (100)..makes laws

• Executive: President, Vice-President, Cabinet, executive agencies: enforce the law

• Judicial Branch: US Supreme Court ( 9) and all lower courts..judges the laws based on the CONSTITUTION

Another song….

Another way to divide power: Federalism

• Federalism: The idea of dividing power among the levels of government

• What are the levels? Federal/National..State, Local• Some power is given ONLY to the Federal government: Delegated

Powers: coin money, declare war, establish army• Some power is given ONLY to the State government: Reserved

Powers: issue license, education policy, safety and welfare issues• Some power is shared by Federal and State: Concurrent Powers• Some power is Prohibited: NO: habeas corpus, no bill of

attainder, no ex post facto

Changing the Constitution: Amendments

• Amendments: Changes to the Constitution• Only 27 Amendments in over 214 years• Two steps to amend the Constitution: Propose and Ratify• Propose: to suggest: Congress does this• Ratify: to agree..to accept: States do this…3/4 of the

states (38 states must ratify an amendment)• First Ten Amendment are the Bill of Rights: The

“I”..Rights of the Individuals

The Bill of Rights: Amendment 1: Expression

• Freedom of Speech…speech can be limited…slander• Freedom of the Press…written speech..libel• Freedom of Religion• Right to Petition…protest..address the government• Right to Assemble…meet as a group,

protest..PEACEFUL

Amendment 2: Right to Bear Arms

• Original intent: Right to bear arms for the purpose of military purposes…militia

• Over the years the interpretation has changed..the court has changed the interpretation to mean the right of the people to bear arms---own weapons

• The question???? All weapons??? Should weapons be limited????

Amendment 3: No Quartering of Soldiers

• During colonial times England forced colonials to house British soldiers in their barns, warehouses, and even their homes

• This amendment says the government can not force the people to house soldiers in the private homes, businesses, or properties.

Amendment 4: No Unreasonable Search or Seizure

• Your private property or your private self can not be searched without just cause…Must have a reason

• Need for a search warrant….show probable cause…most times

Amendment 5: Rights of the Accused

• Right to grand jury…capital offense• No double jeopardy• No self-incrimination• Eminent domain

Amendment 6: Right to Trial

• Right to a speedy, fair, impartial, trial by your peers

Amendment 7: Trial by Jury in Civil Cases

• In civil cases exceeding the value of $20.00, the right to trial by jury shall be preserved

Amendment 8: Excessive Fines, Cruel and Unusual Punishment

• Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.“

• Bail: the temporary release of an accused person awaiting trial, sometimes on condition that a sum of money be lodged to guarantee their appearance in court

• Cruel and Unusual Punishment: Is the Death Penalty Cruel and Unusual Punishment????

Amendment 9 Rights of the People

• "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."

• the rights of the people are not limited to just the rights listed in the Constitution.

• Issue of privacy….

Amendment 10: State Powers

• Powers not given to the federal government belong to the states

Civil War Amendments: 13th. Amendment

• Civil War : 1861—1865• 13th. Amendment: December 1865• Abolished slavery

Civil War Amendment: 14th.

• July, 1868• Defined citizenship: “all persons born or naturalized”• Equal protection under the law”• Due process of law

Civil War Amendment: 15th. Amendment

• February, 1870• Gave African-American the right to vote• Any American cannot be denied the right to vote, based

on race, color or being a former slave.