The three branches of government, checks and balances, and separation of powers. Also includes how a bill becomes a law.

1. Civics Goal 2

2. Principles of the Constitution a.k.a. The things that our government is based on today

3. The Constitution DISCUSS: Where have we seen “separation of powers” before?

4. Popular Sovereignty Explanation: The people are the source of government’s power (“We the people…”). Example: Voting Recall elections Propositions & Referendums

5. Limited Government Explanation: The government’s power is restricted by Constitution and Bill of Rights. Example: Police must have a warrant Punishments must match crimes Congress can not pass a law telling you what to eat for lunch CONSTITUTION

6. DISCUSS: Defend this sentence-Although England has a King, their government is based on the idea of Limited Government.Hint: Magna Carta

7. Checks and Balances Explanation: When one branch of government restricts another from doing something wrong for the country. Example: Congress wants to raise taxes, but President must agree. President hides information from the public, but Supreme Court force him to give it up.

8. Separation of Powers Explanation: Dividing the powers of government between 3 branches so no one has too much power. Example: President wants to make flag burning illegal, but it is not his job to make the laws

9. DISCUSS: Do you think “Checks and Balances” can exist within a government that does NOT have Separation of Powers?

10. Federalism Explanation: Dividing powers of gov’t between a national (federal) gov’t and smaller state governments. Example: You will pay taxes to two governments School in N.C. is different from school in S.C.

12. Limited Government

13. Separation of Powers

14. Checks and Balances

16. Preamble A) Where is the Preamble located? -At the beginning of the Constitution (Introduction paragraph) B) What is the purpose of the Preamble? -It identifies the 6 purposes or things the government will try to do under the Constitution.

17. Where is the “Establishment Clause” located and what does it state? Located in the 1st Amendment (freedom of religion) It states that "Congress shall make no law respecting an establishment of religion"

19. Qualifications of Offices of the 3 Branches of Government

20. House of Representatives (Legislative Branch) Age: 25 Citizenship/ Residency: Must be an American Citizen for 7 years and a resident of the state he or she represents Length of Term: 2 Years Term Limit: Unlimited as long as reelected

21. Senate (Legislative Branch) Age: 30 years old Citizenship/ Residency: Must be a citizen for 9 years and must live in the state from which elected Length of Term: 6 years Term Limit: Unlimited as long as reelected

22. President/ Vice President (Executive Branch) Age: 35 years old Citizenship/ Residency: Must have been born a citizen of the US and a resident of the United States for 14 years Length of Term: 4 years Term Limit: 2 terms

23. Supreme Court Justice(Judicial Branch) Age: No age limit Citizenship/ Residency: No Residency requirement Length of Term: Life Term Limit: Life

24. The Separation of Powers

25. Separation of Powers- Why? The framers of the constitution included the separation of powers for one primary reason: to prevent the majority from achieving absolute rule 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

28. call Congress into sessionJudicial Branch declare laws unconstitutional

29. Specific powers of each Branch CHECKS: Executive Branch appoints judges Legislative Branch can impeach judges and approves presidential appointments can amend constitution to overturn judicial decisions POWERS: The Judicial Branch try federal cases, interpret laws, declare executive actions & laws unconstitutional

30. Questions for discussion Which branch is the most powerful ? Is one branch more powerful than the others ? Explain. Give examples Why did the framers believe a separation of powers was so important ?

32. The System of Federalism Dividing powers of government between a national (federal) government and smaller state governments

33. Types of Powers Expressed Powers: Powers actually written in the Constitution ex: “Congress shall have the power…to raise and support Armies” Implied Powers: Powers not actually listed in the Constitution, but are assumed ex: Congress draft citizens into the army

34. Elastic clausea.k.a. “necessary and proper clause” “Congress has the power to make all Laws which shall be necessary and proper for carrying into Execution the…powers vested by the Constitution.” Allows Congress to expand its powers when needed. EX: Constitution says- “power to…repel invasions” but Congress has allowed wiretapping of suspected terrorists without warrants.

35. National (Federal) Government Powersa.k.a. Expressed Powers Coin money Regulate interstate trade Interstate=between states Create armies Declare war Deal with other countries

36. State Powersa.k.a. Reserved Powers (10th Amendment) Maintain Public Schools Regulate alcohol Conduct elections License professionals

37. National & State Powersa.k.a. Concurrent Powers Collect taxes Borrow Money Establish Courts Define crimes & punishments

38. Supremacy Clause What does the Supremacy Clause state about the relationship between the federal and state governments? The Federal law (US Constitution) is above all state laws States cannot make laws that conflict with US laws.

39. 36

40. 37 Pigeonhole Step #2 & #5 When a committee or sub-committee puts a Bill aside until it is forgotten about (dies)

41. 38 Filibuster Step #6 When a senator tries to prevent a vote by talking as long as possible during the debate

42. 39 Cloture Step #6 When 60 Senators vote to stop (clot) a filibuster

43. 40 Conference Committee Step #7 When members of the HoR and Senate compromise on differences in a Bill before it goes to the President.

44. 41 Veto Step #8 When the President rejects a Bill

45. 42 Pocket Veto Step #8 When the President puts a Bill aside for 10 days and it does not become a law

46. 43 Override Veto Step #9 If President Vetoes or Pocket Vetoes a Bill, The Senate and HoR can override the President if 2/3 of each house agrees.

47. 44 The 9 steps of how a Bill becomes a Law Step #1 Bill introduced into the HoR Step #2 Bill goes to committee & subcommittee Step #3 Debate and voted on in the HoR

48. 45 The 9 steps of how a Bill becomes a Law Step #4 Bill introduced into the Senate Step #5 Bill goes to committee Step #6 Debate and voted on in the Senate

49. 46 The 9 steps of how a Bill becomes a Law Step #7 Conference Committee Step #8 Presidential Action Sign Veto Pocket Veto Step #9 Override Veto

50. 47 The Bill Flow Chart: Introduction in the House of Reps. Sent to Committee/ Sub- Committee Debate & Vote in the HoR Sent to the Senate and Introduced Senate Committee Veto Override: 2/3 Vote in Congress = Law Debate & vote Senate Floor Vote Conference Committtee Sent to the President: Signs = Law Veto  No Law

51. I’m Just a Bill

52. The Constitution and the Amendment Process (Article V)

53. Marbury vs. Madison What is the lasting impact?? 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)

54. To PROPOSE an Amendment Method 1 By 2/3 vote in both the House and the Senate [most common method of proposing an amendment] Or Method 2 By national constitutional convention called by Congress at the request of 2/3 (34) of the state legislatures [This method has never been used]

55. To RATIFY an Amendment Method 1 By legislatures in ¾ (38) of the states [in all but one case, this is how amendments have been ratified] Or Method 2 Ratified through conventions in ¾ (38) of the states. [Only been used once to ratify the 21st Amendment]

56. Amendment Process Methods of Proposal Methods of Ratification Method 1 By 2/3 vote in both the House and the Senate Method 1 By legislatures in ¾ of the states Or Or Method 2 Ratified through conventions in ¾ of the states. Method 2 By national constitutional convention called by Congress at the request of 2/3 of the state legislatures

57. 13TH Amendment (1865) Ended slavery in the United States

58. 14TH Amendment (1868) Equal protection under the law Both national and state gov’ts must guarantee everyone their civil liberties Defined citizenship

61. 26TH Amendment (1971) All citizens 18 years of age and older have the right to vote

62. Exploring the Bill of RightsFor the 21st Century

63. The First Amendment Five Essential Freedoms and Rights

64. Freedom of Speech Congress shall make no laws . . . abridging the freedom of speech

65. Freedom of Religion Congress shall make no law respecting an establishment of religion or prohibiting the free exercise there of

66. Freedom of the Press Congress shall make no law . . . abridging . . . the freedom of the press.”

67. Freedom of Assembly Congress shall make no law . . . Abridging . . . The people to peaceably assemble”

68. Petition the Government Congress shall make no law . . . Abridging . . . the people. . . to petition the government for a redress of grievances”

69. 2nd Amendment 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.

70. 3rd Amendment No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war. . . .

71. 4th Amendment 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, ….. particularly describing the place to be searched, and the persons or things to be seized

72. 5th Amendment No person shall be held to answer for a … crime unless on a presentment or indictment of a Grand Jury nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb [double jeopardy] nor shall be compelled in any criminal case to be a witness against himself [self-incrimination]

73. 5th Amendment 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 [eminent domain]

74. 6th Amendment In all criminal prosecutions, the accused shall enjoy The right to a speedy and public trial by an impartial jury To be informed of the nature and cause of the accusation To have compulsory process for obtaining witnesses in his favor To have Assistance of Counsel for his defense

75. 7th Amendment In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved….

76. Eighth Amendment No excessive bail No cruel and unusual punishment

77. © 2004 Wadsworth Publishing / Thomson Learning™ States that Allow the Death Penalty

78. 9th Amendment The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people [other rights may be protected even if not included in the Bill of Rights ex: right to privacy]

79. 10th Amendment 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. [states' rights]

80. The Civil War Amendments 13th Amendment (1865) – neither slavery nor involuntary servitude shall exist in the United States 14th Amendment (1868) – all persons born or naturalized in the United State are citizens states cannot abridge the privileges or immunities of citizens all persons (whether or not they are citizens) are entitled to due process all persons are entitled to equal protection 15th Amendment (1870) – the right to vote shall not be denied because of race, color or previous condition of servitude

82. 24th Amendment (1964) – Voting is free for all citizens and no poll tax or literacy test is required.

84. 21st Amendment (1933) – Repeal of 18th Amendment. This cancelled the 18th Amendment form the Constitution.

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. 25th Amendment (1965) – Presidential succession is revised to be a more descriptive system.