American Government Unit 1 Study Guide

Amendment 2 A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

In your own words A militia can bear arms

Amendment 8 Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

In your own words Fair bail price and no cruel punishment

Why was the bill of rights written?

the Antifederalists demanded it as the price of ratification of the Constitution.

The following are examples of real situations in which the system of checks and balances might come into play. Explain exactly which checks and balances could be used in each situation. 6. Congress passes a law on abortion which the President does not agree with.

the president can veto the the law

2. How can the Supreme Court check Congress' power to make laws?

they can declare the law just or unjust

What did Jefferson call for?

"a bill of rights will protect the promise of his declaration of independence." 9/13 of states needed to approve the constitution.

Identify at least 3 strengths of the AOC.

-It gave the states limited say, but a form of say -states couldn't have unfair taxes imposed on them (which the states like) -congress could help states deal with conflict

What are amendments?

Changes to the Constitution

1. The people are the source of all government authority. 9. "We the people of the United States..." 14. The government can govern only with the consent of the governed.

A. Popular Sovereignty in the constitution: "The House of Representatives shall be composed of Members chosen every second Year by the People of the several States." -Article I we the people Voting amendments

Judicial Review

Allows the court to determine the constitutionality of laws

Jesse, a fourteen-year old student, decides to protest the war in Iraq. He wears a T-shirt to school with a picture of the White House and the caption "Weapon of Massive Misinformation" His principal pulls Jesse aside and asks him not to wear the shirt again because it is disruptive to the learning environment. Jesse wears it the next week and is suspended from school for three days.

Amendment one: freedom of expression/speech but its no violation since you have no rights in school

What ideas gave birth to the worlds first democratic nation?

By the early 17 hundreds, most of the thirteen colonies had made the three branches of government; executive, judiciary and legislative. Elected assemblies became a thing similar to parliament and they could approve taxes and somewhat control the local governor who was appointed by the king. These practices showed the want and belief of self government, but only white male landowners could vote. Mid 1700s: colonies manage their own affairs with britain chiming in sometimes In 1760s: the benign neglect was reversed and the colonies were now forced to pay extra taxes and have more restrictions by england. This happened because england wanted to station more troops in canada and ohio valley and said that the colonies should pay some of the costs. then wanted to split from england

2. President is responsible for the executing, enforcing, and administering the law. 7. Only Congress has the power to declare war.

C. Separation of Powers in the constituion: "He [the president] shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur." -Article II Legislative branch can impeach officials Judicial branch can declare laws unconstitutional

1. How can the President check Congress' power to make laws?

Can sign a bill into a law or veto it.

8.The President makes a controversial treaty with Iran, which most of the American public is against.

Congress can declare treaties unjust.

3. Congress must have a two-thirds vote in each house to override a veto. 8. Presidential appointees are subject to approval by the Senate. 16. All treaties made by the President must be ratified by the Senate.

D. Checks and Balances in the constituion: "The Senate shall have the sole Power to try all Impeachments . . . And no Person shall be convicted without the Concurrence of two thirds of the Members present." —Article I Congress can override a presidential veto Senate must approve of presidential appointees Senate must approve treaties

4. This practice was established in Marbury vs. Madison, 1803. 13. Federal courts may declare illegal any government action violating the Constitution. 17. The Supreme Court has voided more than 900 state laws as unconstitutional.

E. Judicial Review in the constitution: "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services a Compensation, which shall not be diminished during their Continuance in Office." —Article III Judicial branch establishes a federal court system

According to the preamble, when do people have the right to abolish their government [lines 16 - 18]?

If the government becomes destructive the people have the right to abolish it.

Amendment 1 Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

In your own words Free religion, speech, press, petition, and assembly

Amendment 3 No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

In your own words No soldier can stay in a house without consent

Who was the father of the constitution?

James Madison (He wrote the document himself and came up with the virginia plan.)

How is liberty preserved within our Constitution?

Liberty is preserved within our constitution by listing our unalienable rights. The constitution deems every citizen equal and gives them the change and ability to change the constitution through protest or activism. As Americans, we have become so used to these rights that we don't even realize we have them. Freedom for all citizens has been the main idea of the constitution from the beginning even though it didn't completely deliver on it. Today, we have grown as a country and the constitution has grown with us, making sure that our basic rights will not be taken away.

Establish Justice

Make laws and set up courts that are fair

You are in the security line at the airport. The transportation safety agent requires you to take off your coat, take off your shoes, and empty your pockets. The agent also completes a pat-down search.

No violation, for the good of America.

Sixteen-year old Ryan is the captain of the football team. Before the Friday night game, he and his teammates are required to submit to a drug test. Ryan's test shows traces of marijuana. He is not allowed to participate in the game and he is suspended from school.

No violation, trying to prevent drug use. He didn't refuse.

Amending/changing Articles of Confederation required the consent of ALL 13 states.

Not everyone is going to agree.

The government had no Federal Court System

People won't have a proper say when it comes to defending themselves. Severe issues should be separate from simpler ones.

In what ways did the Declaration of Independence fight to ensure liberty for the new nation?

The Declaration of Independence said that the people of these new and free states would be able to do things such as "to levy war, conclude peace, contract alliances, establish commerce, and to do all other acts and things which independent states may of right do. And for the support of this declaration... we mutually pledge to each other our lives, our fortunes and our sacred honor" (24-28).

Who is the declaration of independence addressed to?

The colonists are addressing the it to King George the Third. One piece of evidence is when they were burning his picture and they showed him as a cruel figure who was looking down at them like a dictator. I think it was too late to apologize because they were unfairly taxed. It was too late because they were already governing themselves. They didn't want someone else to govern them.

10. The President breaks many laws while trying to cover up a sex scandal.

The senate/congress can impeach the president for breaking these laws.

Does the United States declare war on England? Why might this be of note?

The united states does declare war on England. This is important because this is the turning point in establishing their independent nation and becoming free from Britain.

According to lines 15 - 28, what are the colonists now doing or declaring in response to the grievances?

They are declaring that the United States of America is an independent country and free from great Britain. They will break all ties with England.

A known drug dealer is arrested for suspected connections to an inner city murder. The police do not inform him of his rights and immediately begin to interrogate him. They continue until he admits he knows the victim of the crime and was in the neighborhood where the murder took place.

Violation of 5th amendment - knowing your rights and remaining silent. (and part of 6)

Because of the budget deficit, the United States government is looking for ways to cut costs. They have announced a plan during peacetime to house unmarried soldiers in the homes of American citizens who do not have children.

Violation of amendment 3, no quartering without consent

Popular Sovereignty

A belief that ultimate power resides in the people.

New Jersey Plan

A constitutional proposal that would have given each state one vote in a new congress

III. The Supreme Court:

A. Can declare laws passed by Congress to be unconstitutional. B. Can declare actions taken by the executive branch to be unconstitutional.

II. The President:

A. Can veto laws passed by Congress. B. Appoints judges to the Supreme Court and other courts.

Judicial Branch

Branch of government that decides if laws are carried out fairly. (supreme court)

5. How can Congress check the power of the Supreme Court?

can impeach them.

3. How can Congress check the President's power to veto laws?

congress can override with 2/3s vote

12. A federal judge is found to be giving criminals light sentences in exchange for bribe money.

impeachment of the judge

Weaknesses of the Articles of Confederation

-no federal leader to lead the country) -no national taxes (no ability to gain national revenue to pay for national interests) -no federal court system (no ability to settle disputes between states) -lack of strong federal government -no power to regulate commerce -limited military = no protection Laws need approval of 9 of the 13 states Congress does not have the power to regulate trade.

Because Member of Congress are unhappy with students' standardized test scores in many states, they pass a federal law that abolishes local school boards and requires a standardized national curriculum

10th amendment, takes away right from the states.

Mr. Reynolds, an avid hunter, opens the door of his home one day to find agents from the Bureau of Alcohol, Tobacco, and Firearms outside. They inform him that certain provisions of a new federal law allow them to confiscate his rifles so that he may not engage in terrorist activities or plot against the United States government. They have no evidence that he is connected to any such activities.

2nd & 4th. right to bear arms and not having a search warrant

Sara, an eighteen-year old college student, is arrested for stealing a classmate's term paper and selling it on the Internet. When she appears before the judge, she asks for a lawyer to help defend her. The judge tells her if she is smart enough to be in college, she is smart enough to defend herself. Besides, she is not being charged with a felony, so the stakes are not very high.

6TH Amendment- right to an attorney (Miranda Rights)

A neighbor is suing the Joneses because a tree in the Joneses' yard fell on their roof during a hurricane. The neighbors want the Jones family to pay $850 to have their roof repaired. Mr. Jones requests that a jury be present to hear this case. The judge says it is not necessary since the amount of the repairs is so small. The Jones family lives in Washington D.C.

7th amendment -right to an judge

Carolyn is arrested for shoplifting a candy bar from a neighborhood convenience store. At trial, she is found guilty. The judge decides that the appropriate punishment is to cut off Carolyn's hands so that she will not be able to shoplift again.

8th- no cruel punishment

Limited Government

A principle of constitutional government; a government whose powers are defined and limited by a constitution.

checks and balances

A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power

Congress

A. Can override the president's veto with a 2/3 vote in each house. B. Can impeach the president and remove him from office. C. Can refuse to approve the president's appointments to the courts and other offices. D. Can refuse to approve treaties that the president makes with other nations. E. Can impeach judges and remove them from office. F. Can amend [change] the Constitution (along with the states).

5. "Congress shall make no law" denying individual freedoms of the 1st Amendment 10. The Rule of Law 12. Government may exercise only those powers delegated to it.

B. Limited Government in the constitution: "The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors." -Article II 10th amendment Bill of rights

Amendment 10 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.

In your own words States are bound by the constitution, federalism.

Which Enlightenment philosopher/thinker influenced the ideas expressed in questions 1 and 2?

John Locke influenced these ideas.

Your parents are very religious people, but you are not. Today, your parents are going to a service at their place of worship and they expect you to come along. You refuse. They make you come anyway and they ground you for the following month.

No violation, no rights in your house. Parents can teach you whatever they want.

Secure Blessings of Liberty

Protect the liberties recently won in the American Revolution and preserve them for the generations to come

In what ways does our Constitution limit the power of the government? Provide specific examples.

The constitution starts with the words "We the People" and constantly includes the limits of the government, saying they can't take away unalienable rights or the rights to protest. It never talks about the people as if the government is above them. The people have a lot of say in who is in the government and what they do. We can organize protests and use social media to our advantage. We have a lot of power in influencing the government.

In what ways does the quote below represent the establishment of a limited government? "governments are instituted among men, deriving their just powers from the consent of the governed, --That whenever any form of government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government"

The government is the people and the people are the government. It shouldn't be people abusing power and ruling over people. The people have the right to abolish the government if it becomes destructive.

Denunciation Close Reading: According to lines 1 - 13, what have colonists done before this Declaration of Independence to address their concerns? How did Great Britain respond?

They tried to be peaceful and issue petitions, but this was ineffective. The king did not see their threats and still tried to control them which leads to the colonists declaring war on great britain.

2) The writers of the Declaration of Independence wrote that "Governments are instituted among Men, deriving their just powers from the consent of the governed" [lines 14 - 16]. What does this mean in terms of how governments get power?

This means that the men get their powers from the from the people but the government doesn't have absolute power as the king does.

Declaration of Independence (1776)

Written by Thomas Jefferson; influenced by the Enlightenment philosophers of his day. *Provisions:* *Part 1* - Explains the necessity of independence for the preservation of basic laws and rights. *Part 2* - Lists a series of "abuses and usurpations" by the king and his government; Jefferson claimed that this treatment violated the social contract the British monarch had with the his colonies, thereby justifying the actions his American subjects felt compelled to take. *Part 3* - Ends with what is tantamount to a formal declaration of war.

Federalism

a form of government in which power is divided between the federal, or national, government and the states

What was the Virginia Plan?

a plan, unsuccessfully proposed at the Constitutional Convention, providing for a legislature of two houses with proportional representation in each house and executive and judicial branches to be chosen by the legislature.

Conneticut Compromise

adopted at the Constitutional Convention, providing the states with equal representation in the Senate and proportional representation in the House of Representatives. (The Great Compromise saved the Constitutional Convention, and, probably, the Union. Authored by Connecticut delegate Roger Sherman, it called for proportional representation in the House, and one representative per state in the Senate (this was later changed to two.))

Why didn't the small states want to support the constitution?

because the virgina plan wouldnt give them as much representation since it would be based on population.

11. The Supreme Court declares that Congress' new law on gun control violates the 2nd Amendment. Congress feels that they have overwhelming public support for this law and must make it stick.

congress can change the constitution and ¾ of state legislatures must approve.

7. The President appoints a new member of the Supreme Court, but Congress does not like the new candidate's political views.

congress must approve the presidential appointees. The senate can disagree.

13. The President vetoes an anti-abortion law passed by Congress. 3/4 of all members of Congress support this bill.

congress will override it.

Form A More Perfect Union

create an even better government that will make life better for all

How would slavery be counted for representation?

each slave is counted as ⅗ of a person, so ⅗ of vote. favored slave states

Would Alexander Hamilton be considered a federalist or anti-federalist? Why?

federalist because he wanted a strong central government

Insure Domestic Tranquility

government will protect citizens from conflict in the country and make sure that states do not go to war with each other (keeping peace at home)

Would Ben Franklin be considered a federalist or anti-federalist? Why?

he is an anti-federalist because he wants more control for the 13 colonies

1)What are the three unalienable rights, or rights that can't be taken away or denied, listed in lines 12 and 13 of the preamble of the Declaration of Independence?

life, liberty and the pursuit of happiness.

Your science teacher asks the class to exchange papers to correct last night's homework. Your friend, Jamie, refuses to do so and is sent to the principal.

no violation, you dont have rights in school mate.

weakness:Each state had one single vote regardless of population size.

problem: The population size in each state is different so this is unfair and will cause anger.

Provide for the Common Defense

protect the country from other countries or people that might try to harm us

Legislative Branch

Branch of government that makes the laws; Congress = house of reps and senate

Separation of Powers

Constitutional division of powers among the legislative, executive, and judicial branches, with the legislative branch making law, the executive applying and enforcing the law, and the judiciary interpreting the law

6. Educational requirements vary state to state. 11. In Pennsylvania, people pay both a State and Federal Income Tax. 18. Powers not specifically given to the federal government by the Constitution are retained by the States.

F. Federalism in the constitution: The Congress . . . shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments. —Article V 10th amendment

What does it mean to have liberty?

Having liberty means being free in your own country and not being deprived of unalienable rights. Liberty means that you are equal to the rest of the citizens in the United States of America. Great Britain deprived the colonies of liberty by being controlling and trying to govern this country that was already governing itself.

Amendment 5 No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb, nor shall be compelled in any criminal case to be a witness against himself, 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.

In your own words No death penalty, private property, grand jury reviews evidence to see if they can put them on trial Right to remain silent

Amendment 9 The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.

In your own words Power to the people. They have other rights too. Constitution applies to everyone

Amendment 7 In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

In your own words Right to trial by jury in civil cases

Amendment 4 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, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

In your own words Search warrants must be issued

Amendment 6 In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed; which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

In your own words Speedy and public trial, right to witnesses.

9. Congress passes a law which makes it illegal to speak out against members of the Senate.

first amendment violation but the president can veto the law and congress can override it, but it is unconstitutional, judicial review.

Promote General Welfare

government is focused on the public interest and that every state and individual can benefit from what the government can provide (schools and stuff)

4. How can Congress check the President's power in foreign affairs?

senate can declare treaties unjust or just.

Executive Branch

the branch of government that carries out laws (president and vice president)