Gov; Unit 3

Explain the difference between civil rights and civil liberties. Give one example of each.

"Civil liberties" concern basic rights and freedoms that are guaranteed -- either explicitly identified in the Bill of Rights and the Constitution, or interpreted through the years by courts and lawmakers. Civil liberties include: Freedom of speech The right to privacy The right to be free from unreasonable searches of your home The right to a fair court trial The right to marry The legal area known as "civil rights" has traditionally revolved around the basic right to be free from unequal treatment based on certain protected characteristics (race, gender, disability, etc.) in settings such as employment and housing.ht to vote

Explain the seven principles of the Constitution.

1. Popular sovereignty, meaning rule by the people 2. Republicanism, meaning the right to vote for representatives 3. Federalism meaning power is shared between the national and state governments 4. Separation of powers into branches that make, enforce or interpret laws 5. Balance of Power - controls (checks) can be made on the other branches 6. Limited government - everyone is bound by the US Constitution 7. Individual rights - personal freedoms are guaranteed by the Bill of Rights

What did the following Supreme Court case decide? Marbury v. Madison

Marbury had a right to his commission, and that the Judiciary Act of 1789 was unconstitutional.

Explain the formal (written) process to amending the Constitution.

Amending the Constitution requires two formal steps. It begins by proposing an amendment, which can be done by either both chambers of Congress, passing it by a two-thirds vote or by two-thirds of the states requesting a convention be held to consider amendments. If either occurs, the proposed amendment must then be ratified by either three-fourths of the state legislatures or three-fourths of the state conventions. The state convention methods have never been used as of publication.

Explain the meaning of the following amendments: 13, 14, 15, 19, 21, 22, 25

Amendment 13 Abolition of slavery Amendment 14 Civil rights Amendment 15 Black suffrage Amendment 19 Women's suffrage Amendment 21 Repeal of Prohibition Amendment 22 Term Limits for the Presidency Amendment 25 Presidential succession

Describe what your civil liberties and civil rights are and how they are protected in America?

Civil Liberties: freedom of speech, religion, press, assembly, no unreasonable search and seizures Civil Rights Right to due process, trial by jury, legal council, to vote, to petition the gov. for a redress of grievances

Give an example of each of the following powers: expressed (delegated) powers, reserved powers, and concurrent powers

Delegated powers are those specifically assigned to the national government. Also known as enumerated powers, the list of the expressed powers is in Article I, Section 8 of the U.S. Constitution. Some of the exclusive powers include coining money, making treaties, regulating interstate and international commerce and maintaining a postal system. The 10th Amendment reserves all powers not specifically assigned to the national government for the states, other than powers denied to state governments. This amendment first allowed the states to adopt their own constitutions, although later amendments, including the 14th through 16th, 19th, 24th and 26th, have reduced some of the authority of the states. The authority to establish schools and the responsibility for conducting elections are examples of reserved powers. Concurrent, or shared, powers belong to both of the top levels of government. The authority to maintain a system of courts and the power to borrow money are examples of concurrent powers, along with taxation and law enforcement.

Explain the elastic clause and why the Constitution is referred to as a living document.

Elastic Clause: A statement in the U.S. Constitution (Article I, Section 8) granting Congress the power to pass all laws necessary and proper for carrying out the enumerated list of powers. Living document because it can always be changed and revised.

List the three branches of federal government and the responsibilities of each.

Executive Branch:Headed by the president. The president carries out federal laws and recommends new ones, directs national defense and foreign policy, and performs ceremonial duties. Powers include directing government, commanding the Armed Forces, dealing with international powers, acting as chief law enforcement officer, and vetoing laws. Legislative Branch:Headed by Congress, which includes the House of Representatives and the Senate. The main task of these two bodies is to make the laws. Its powers include passing laws, originating spending bills (House), impeaching officials (Senate), and approving treaties (Senate). Judicial Branch:Headed by the Supreme Court. Its powers include interpreting the Constitution, reviewing laws, and deciding cases involving states' rights.

Explain federalism and give a solid example to support your answer.

Federalism is a method that allows two or more governments to share control over the same geographic region. In a federalist government, the power is divided between the national government and other governmental units.

List the BOR and explain what they mean (1st Ten Amendments)

The First Amendment - states that Congress shall make no law preventing the establishment of religion or prohibiting its free exercise. Also protected are freedom of speech, freedom of the press, freedom of assembly, and the right to petition the Government for a redress of grievances. The Second Amendment - protects citizen's right to bear arms. The Third Amendment - prevents the government from placing troops in private homes. This was a real problem during the American Revolutionary War. The Fourth Amendment - this amendment prevents the government from unreasonable search and seizure of the property of US citizens. It requires the government to have a warrant that was issued by a judge and based on probable cause. The Fifth Amendment - The Fifth Amendment is famous for people saying "I'll take the Fifth". This gives people the right to choose not to testify in court if they feel their own testimony will incriminate themselves. In addition this amendment protects citizens from being subject to criminal prosecution and punishment without due process. It also prevents people from being tried for the same crime twice. The amendment also establishes the power of eminent domain, which means that private property can not be seized for public use without just compensation. The Sixth Amendment - guarantees a speedy trial by a jury of one's peers. Also, people accused are to be informed of the crimes with which they are charged and have the right to confront the witnesses brought by the government. The amendment also provides the accused the right to compel testimony from witnesses, and to legal representation (meaning the government has to provide a lawyer). The Seventh Amendment - provides that civil cases also be tried by jury. The Eighth Amendment - prohibits excessive bail, excessive fines, and cruel and unusual punishments. The Ninth Amendment - states that the list of rights described in the Constitution is not exhaustive, and that the people still have all the rights that are not listed. The Tenth Amendment - gives all powers not specifically given to the United States government in the Constitution, to either the states or to the people.

Explain one informal (unwritten) process for changing the Constitution and give an example.

The informal process, used by all branches of government, doesn't actually amend the Constitution. Instead, it refers to changes in how we interpret and use it. This can happen when Congress passes or revises legislation, when the president expands or revises the role of that office through executive actions, and when the courts interpret the meaning and intent of what is contained in the Constitution. Long held customs can also be considered informal changes or amendments.

What is the supremacy clause?

The provision in Article Six, Clause 2 of the United States Constitution that establishes the United States Constitution, federal statutes, and treaties as "the supreme law of the land."

Define the 2nd amendment. Explain what its original intent was and what the Supreme Court currently interprets it as.

The right to bear arms. Specifically; "A well-regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defence of a free State". James Madison originally proposed the Second Amendment shortly after the Constitution was officially ratified as a way to provide more power to state militias, which today are considered the National Guard. It was deemed a compromise between Federalists — those who supported the Constitution as it was ratified — and the anti-Federalists — those who supported states having more power. Having just used guns and other arms to ward off the English, the amendment was originally created to give citizens the opportunity to fight back against a tyrannical federal government. The Supreme Court has given effect to the dependent clause of the Amendment in the only case in which it has tested a congressional enactment against the constitutional prohibition, seeming to affirm individual protection but only in the context of the maintenance of a militia or other such public force.

Explain how the supremacy clause settles the differences if a state law conflicts with a federal law? (Be sure to state what the supremacy clause is)

The supremacy clause is the section of the Constitution stating that the Constitution and federal laws made in furtherance of the Constitution are the supreme law of the land. The framers, recognizing the weak federal government established by the Articles of Confederation, wished to guarantee that no laws interfered with the goals of the Constitution. The supremacy clause is found in Article VI, Section 2, where the Constitution specifies which powers the federal government has, and which powers the federal government does not have. When a state law conflicts with a federal law, the supremacy clause operates to invalidate the state law in favor of the federal one as long as the federal law is found to be in pursuance of the Constitution. The supremacy clause also means that states can't regulate, interfere with, or control federal issues. This principle comes from the famous 1819 Supreme Court case of McCulloch v. Maryland. Here, the Court held that Maryland could not constitutionally tax the operations of the Bank of the United States, since that was a federal power.