02.02 The Constitution

8th Amendment

amount of bail (money that the court requires before a person accused of a crime can be released from jail) can't be too high punishment for crime cannot be "cruel" or "unusual"

7th Amendment

applies the right to a jury trial to civil cases (do not deal with crimes) if a case involves more than $20, the parties have a right to a jury trial.

5th Amendment

contains important rights of a person accused of a crime added to the Constitution because dishonest governments in the past has accused people falsely so they could put them in jail

Why did the framers build checks and balances into the system?

to prevent branches or individuals within them from exercising greater power than was designed

Articles of Confederation

"In determining questions in the United States in Congress assembled, each State shall have one vote." Amendments require unanimous consent of the states In force throughout the Revolutionary War No executive branch to enforce rule of law

How does Congress have power over the President?

- approves Presidential nominations and legislates the budget - have the power to impeach the President and remove him or her from office - have the power to override the President's veto with a 2/3 vote

What were the successes of the Articles of Confederation?

- created first central government of the United Stated of America - organized western territory secured through the peace treaty that ended the war with Britain - functioned through the end of the Revolutionary war - listed some protections for individual rights, such as free movement between states and mutual respect for state laws - allowed government to: borrow money, operate an army and navy, ban slavery in the western territory, and create new states

Why did the Articles of Confederation fail?

- each state had 1 vote in the legislative branch - the government did not have an executive branch - the government did not have a separate judicial branch - congress could not create taxes - congress could not raise a national military separate from the states - each state printed its own currency - congress could not control trade between states and with other nations - new laws would require the support of nine of the 13 states, more than a majority - the Articles of Confederation required unanimous agreement of the states to amend the document

U.S. Constitution

Checks and balances between three branches of government "... Shall be the supreme Law of the Land." Provided stronger separation of powers Stronger reflection of republicanism and democracy as voters directly choose national legislators

Legislative Branch

Congress (House of Representatives and Senate)

How does Congress have power over the Courts?

Congress can impeach judges and remove them from office. Senate confirms the president's judicial nominations for the Federal Court of Appeals and the Supreme Court.

Judicial Branch

Courts (Federal Courts, Supreme Courts

How does Courts have power over the President?

Courts have the power to declare presidential acts unlawful or unconstitutional.

How does Courts have power over Congress?

Courts interprets the laws and can declare laws unconstitutional.

Separation of Powers

Dividing government powers into legislative, executive, and judicial branches Weakness in Articles of Confederation: Under the Articles of Confederation, there was only one branch of government. It could make laws. However, it could not enforce laws or settle disputes about the laws. Strength in Constitution: The first three articles of the Constitution describe the powers of the legislative, executive, and judicial branches.

Checks and Balances

Division and balance of powers between the branches of power to prevent any one branch from taking over the others Weakness in Articles of Confederation: The Founding Fathers made the Articles of Confederation weak because they feared tyranny. It was so weak, however, that it sometimes failed to serve the nation's needs. Strength in Constitution: The Founding Father divided the powers in articles I, II, and III of the Constitution. They also gave each branch specific means to "check," or limit the powers of the other branches. This helps balance power between the branches so no one group can take over the government.

Federalism

Division of powers among the local, state, and federal governments Weakness in Articles of Confederation: The Articles of Confederation gave final authority to the state governments, creating conflict between states. For example, if one state passed a law that affected citizens visiting from another state, no one could settle the dispute. Also, the federal government had no way to protect the people and nation as a whole. Strength in Constitution: Article VI of the Constitution makes federal laws supreme over state laws. Article IV of the Constitution says the states must respect each other's laws and explains the duties of the federal government to protect the states. Article I of the Constitution allows the federal government to create and maintain a national military force to protect the nation.

Republic

Form of government where qualified voters elect representatives who carry out the work of government and are responsible to the people Weakness in Articles of Confederation: Under the Articles of Confederation, the state legislatures chose who would serve in the legislative branch. Voters had no say in who represented them in federal government. Strength in Constitution: Article I of the Constitution specifies that voters would choose their representatives in the federal government. Every few years the voters would vote again, possibly replacing their leaders. The representatives would have to respond to people's concerns to do their job well.

Public Sovereignty

Idea that government exists by consent of the people, who have the greatest authority in making political decisions Weakness in Articles of Confederation: The Articles of Confederation gave each state only one vote in making decisions. Therefore, states with small populations had as much power as states with large populations. Also, nine of the 13 states had to agree to any new law, more than a simple majority. Agreement of so many states was difficult to achieve, making progress slow. Strength in Constitution: Under the Constitution, the people elect those who represent them. They influence decisions and have authority through voting. Article I of the Constitution changed the one vote per state idea to a system that considered population and majority agreement. Article V created an amendment process that is difficult but does not require unanimous consent. However, it does give the states an important role in the process.

Limited Government

Idea that government should be restricted to its basic function of protecting people's natural rights Weakness in Articles of Confederation: Under the Articles of Confederation, the central government was too weak and limited. For example, it could pass laws but not enforce them. Strength in Constitution: The Constitution expanded and listed the powers of the federal government. Through Article I, Congress could raise taxes. Article II establishes the president as the leader of the military. Articles I(One), II (Two), and III (Three) expanded federal power but still limited it by dividing its powers into the three branches and by specifying who is qualified to serve in each branch.

What are the parts of the Constitution?

Preamble, Articles, Amendments

Executive Branch

President (Executive office, cabinet departments, and independent government agencies)

How does President have power over the Congress?

President has the power to veto congressional legislation.

How does President have power over the Courts?

President nominated judges for the Supreme Court and the Federal Court of Appeals.

2nd Amendment

protects the right of the people to "keep and bear arms (weapons/firearms)."

Individual Rights

Specific rights that belong to each person Weakness in Articles of Confederation: The Articles of Confederation did not list specific rights of citizens. It also did not provide a way for people to settle disputes over their rights as citizens of the nation. Strength in Constitution: The Constitution established a judicial branch of government. Through the courts citizens may seek solutions to disputes over rights. In addition, the Bill of Rights is the first 10 amendments to the Constitution. It includes individual rights the government must respect.

Why did the United States need a new Constitution?

The United States needed to strengthen the national government

Rule of Law

Weakness in Articles of Confederation: Strength in Constitution:

Confederation

a group of loosely allied states, such as the United States under the Articles of Confederation

tyranny

cruel and unjust government

How were the states effected by the Articles of Confederation?

each state had final authority over its own area because of the lack of a strong centralized government

10th Amendment

federal government can only use powers given to it in the Constitution, all other power belonged to the states satisfied the Anti-Federalists, who thought the federal government could get so powerful that it would destroy the states

What is the Bill of Rights?

first 10 amendments to the Constitution

3rd Amendment

government cannot force people to keep soldiers in their homes written because people remembered what it was like when the British used to force colonists to house British soldiers

Popular Sovereignty

government is subject to the will of the people

1st Amendment

guarantees freedom of speech, religion, and the press (includes newspapers, television, and web-based communication such as blogs and websites)

9th Amendment

list of rights

4th Amendment

people's homes are private government officials cannot enter them without a search warrant

supremacy

position of authority over another

6th Amendment

promise of a jury (group of ordinary citizens who decide together whether a person accused of a crime is guilty or not guilty) trial

Ratification

the act or process of formal approval, to make official

What are the Articles of Confederation?

the first written plan for governing the United States

state legislatures

the part of a state government responsible for making laws

republicanism

the principle that government officials are elected by the people and represent their interests