The American Nation

Chapter 8

Government, Citizenship, and the Constitution, 1787–Present Copyright © 2003 by Pearson Education, Inc., publishing as Prentice Hall, Upper Saddle River, NJ. All rights reserved.

The American Nation Chapter 8: Government, Citizenship, and the Constitution, 1787–Present

Section 1: Section 2:

Goals and Principles of the Constitution How the Federal Government Works

Section 3:

Changing the Constitution

Section 4:

State and Local Governments

Section 5:

Rights and Responsibilities of Citizens

Copyright © 2003 by Pearson Education, Inc., publishing as Prentice Hall, Upper Saddle River, NJ. All rights reserved.

Goals and Principles of the Constitution Chapter 8, Section 1

• How does the Preamble define the basic goals of the Constitution? • What framework of government is established by the articles of the Constitution? • What are the seven basic principles of American government?

The Preamble Defines the Constitution’s Basic Goals Chapter 8, Section 1

To form a more perfect union

The states work together as one unified nation, not as separate nations.

To establish justice

The justice system requires that the law be applied fairly to every American.

To ensure domestic tranquillity

The government can ensure domestic tranquillity, or peace and order at home.

To provide for the common defense

To protect citizens against foreign attack, the national government can raise armies and navies. However, the military is under civilian, or nonmilitary, control.

To promote the general welfare

The national government promotes the general welfare, or the well-being of all its citizens.

To secure the blessing of liberty

A major goal of the Constitution is to protect the liberty, or freedom, of Americans.

Preamble—opening statement

The Articles Describe a Framework of Government Chapter 8, Section 1

Article I

Describes the legislative branch. Establishes powers and limits on Congress.

Article II

Describes the executive branch. Establishes powers and limits of the President.

Article III

Describes the judicial branch. Establishes powers and limits of the courts.

Article IV

Explains relations between the states. Requires states to honor one another’s laws. Sets out a system for admitting new states.

Article V

Provides a process for amending the Constitution.

Article VI

Says the Constitution is the “supreme law of the land.” No state law may violate the Constitution.

The Constitution Provides a System of Checks and Balances Chapter 8, Section 1

Seven Basic Principles of Government Chapter 8, Section 1

Popular Sovereignty

The principle that government gets its authority from the people, therefore people have a right to change or abolish their government.

Limited Government

The principle that government has only the powers that the Constitution gives it. Everyone, no matter how important, must obey the law.

Separation of Powers

The idea of limiting government power by dividing it among different branches of government.

Checks and Balances

Each branch of government has power to check, or limit, actions of the other branches.

Federalism

The principle of dividing power between the federal government and the states.

Republicanism

A form of government in which citizens elect representatives to carry out their will.

Individual Rights

Individual rights include freedom of speech, freedom of religion, and the right to trial by jury.

Separation of Powers Chapter 8, Section 1

Federalism Chapter 8, Section 1

Section 1 Assessment Chapter 8, Section 1

One goal of the Constitution is to protect domestic tranquillity, which means a) freedom. b) well-being of all citizens. c) peace and order at home. d) nonmilitary control. Under a system of checks and balances, a) each branch of government can check the actions of the other two. b) power is divided among three branches of government. c) power is divided between the federal government and the states. d) the national government has only the powers the Constitution gives it.

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Section 1 Assessment Chapter 8, Section 1

One goal of the Constitution is to protect domestic tranquillity, which means a) freedom. b) well-being of all citizens. c) peace and order at home. d) nonmilitary control. Under a system of checks and balances, a) each branch of government can check the actions of the other two. b) power is divided among three branches of government. c) power is divided between the federal government and the states. d) the national government has only the powers the Constitution gives it.

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How the Federal Government Works Chapter 8, Section 2

• What are the powers of the legislative branch? • What roles does the President fill as head of the executive branch? • How is the judicial branch organized? • How can each branch of the government check the powers of the other two?

The Legislative Branch: Congress Chapter 8, Section 2

House of Representatives • 435 members • Number of representatives for a state is based on that state’s population • 2-year terms • Leader of the House is the Speaker.

Senate • 100 members • Two senators per state • 6-year terms • Leader of the Senate is the Vice President of the United States. When the Vice President is away, the president pro tempore takes over.

The Legislative Branch: The Powers of Congress Chapter 8, Section 2

Listed Powers and Duties of Congress • To make laws • To levy taxes • To borrow money • To coin money • To establish post offices • To fix standard weights and measures • To declare war Elastic Clause • Congress can ―make all Laws which shall be necessary and proper‖ for carrying out its duties.

How a Bill Becomes a Law Chapter 8, Section 2

Bill—a proposal for a law

The Executive Branch: Powers and Duties of the President Chapter 8, Section 2

• • • • •

• • • •

To carry out the nation’s laws To direct foreign policy To make treaties To appoint ambassadors To act as Commander in Chief of the armed forces To suggest new laws and work for their passage Can grant pardons Can call special sessions of Congress To stand as a symbol of the nation

Electing the President: Presidential Facts Chapter 8, Section 2

• The President is elected for a 4-year term. • The President may be elected to no more than two complete terms. • The President is elected by a complex system known as the electoral college. • When Americans vote for President, they are really voting for a group of electors pledged to the candidate. • A few weeks after Election Day, the electors meet in each state to vote. The candidate who receives a majority of the electoral votes nationwide becomes President.

Electing the President: The Electoral College Chapter 8, Section 2

The Judicial Branch Chapter 8, Section 2

Examples of Checks and Balances Chapter 8, Section 2

One branch

checks another branch

by doing the following

President

Congress

vetoing, or rejecting, bills Congress has passed

Congress

President

overriding, or overruling, the President’s veto

Congress

President

approving or disapproving Presidential appointments

Congress

President

ratify or not ratify treaties the President has negotiated

Congress

President

The House can impeach, or bring charges of wrongdoing against, the President. The Senate then conducts a trial.

Supreme

President and Congress

declaring laws unconstitutional

Section 2 Assessment Chapter 8, Section 2

Only Congress has the power to a) make foreign policy. b) declare war. c) decide cases involving federal laws. d) select electors. Only the President has the power to a) make foreign policy. b) declare war. c) decide cases involving federal laws. d) select electors.

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Section 2 Assessment Chapter 8, Section 2

Only Congress has the power to a) make foreign policy. b) declare war. c) decide cases involving federal laws. d) select electors. Only the President has the power to a) make foreign policy. b) declare war. c) decide cases involving federal laws. d) select electors.

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Changing the Constitution Chapter 8, Section 3

• How can the Constitution be amended? • What rights does the Bill of Rights protect? • How did later amendments expand democratic rights?

Amending the Constitution Chapter 8, Section 3

The Bill of Rights Chapter 8, Section 3

First Amendment

Safeguards individual rights—freedom of religion, speech, the press, the right to assemble peacefully, the right to petition the government to change its policies.

Second Amendment

―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.‖

Third Amendment

Congress may not force citizens to put up troops in their homes.

Fourth Amendment

Citizens are protected from unlawful searches of their homes and property.

Fifth Amendment

People cannot be forced to incriminate, or give evidence against, themselves.

The Bill of Rights Chapter 8, Section 3

Sixth Amendment

People are guaranteed the right to a speedy and public trial by a fair jury. The accused have a right to know the charges against them and who is making the charges.

Seventh Amendment

Provides for juries in civil, or non criminal, trials.

Eighth Amendment

Forbids excessive bail or fines and ―cruel and unusual punishments.‖

Ninth Amendment

Citizens’ rights are not limited to those listed in the Constitution.

Tenth Amendment

All powers not given to the national government or denied to the states are reserved for the states or for the people.

Later Amendments Expanded Rights

Voting Rights Amendments

Civil War Amendments

Chapter 8, Section 3

Thirteenth Amendment

Abolished slavery.

Fourteenth Amendment

Guaranteed citizenship to former slaves.

Fifteenth Amendment

Declared that states may not deny the vote to any citizen on the basis of ―race, color, or previous condition of servitude.‖

Nineteenth Amendment

Gave women the right to vote.

Twenty-sixth Amendment

Lowered the minimum voting age from 21 to 18.

Section 3 Assessment Chapter 8, Section 3

Basic individual liberties protected by the Constitution include the right to a) knowingly publish lies about someone. b) establish an official church in your state. c) assemble peacefully. d) make someone give evidence against themselves. The Nineteenth Amendment expanded voting rights by a) giving women the right to vote. b) giving former slaves the right to vote. c) changing the way electoral college is chosen. d) lowering the voting age to 18.

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Section 3 Assessment Chapter 8, Section 3

Basic individual liberties protected by the Constitution include the right to a) knowingly publish lies about someone. b) establish an official church in your state. c) assemble peacefully. d) make someone give evidence against themselves. The Nineteenth Amendment expanded voting rights by a) giving women the right to vote. b) giving former slaves the right to vote. c) changing the way electoral college is chosen. d) lowering the voting age to 18.

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State and Local Governments Chapter 8, Section 4

• How are state constitutions similar to and different from the national Constitution? • What services do state governments provide? • How do local governments affect our daily lives?

How State Constitutions Compare With the National Constitution Chapter 8, Section 4

Similarities • Most state constitutions begin with a preamble. • Most state constitutions include a bill of rights. • State constitutions set up a government with three branches—legislative, executive, and judicial. • State constitutions can be amended.

Differences • Most state constitutions are longer and more detailed. • In many states, citizens can amend the constitution. In a process known as the constitutional initiative, people can gather signatures on a petition to amend the state constitution. If enough signatures are gathered, the petition goes to the legislature or to the voters.

Examples of Services Provided by States Chapter 8, Section 4

• • • • • • •

Maintain law and order Enforce criminal law Protect property Regulate business Supervise public education Provide public health and welfare programs Build and maintain the state’s infrastructure, or system of roads, bridges, and tunnels • Operate state parks and forests • Regulate use of state-owned land • License professionals, such as doctors, lawyers, and teachers

The Work of Local Governments Chapter 8, Section 4

• • • • • • • • • •

Local Government—government on the county, parish, city, town, village, and district level; get their powers from the state Build and run local schools Hire and support firefighters, police, and garbage collectors Provide sewers and water Maintain local roads Maintain local hospitals Conduct safety inspections of buildings and restaurants May own and run water and sewage treatment plants Provide libraries, parks, and other cultural and recreational facilities May support airports, sports arenas, and civic centers

Section 4 Assessment Chapter 8, Section 4

Most state constitutions are similar to the national Constitution in that they a) give the states the ability to deal with national issues. b) are fairly short. c) can only be amended by Congress. d) set up three branches of government. One service that county and city governments do NOT provide is a) granting drivers’ licenses. b) building and running schools. c) supporting firefighters. d) conducting safety inspections of restaurants.

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Section 4 Assessment Chapter 8, Section 4

Most state constitutions are similar to the national Constitution in that they a) give the states the ability to deal with national issues. b) are fairly short. c) can only be amended by Congress. d) set up three branches of government. One service that county and city governments do NOT provide is a) granting drivers’ licenses. b) building and running schools. c) supporting firefighters. d) conducting safety inspections of restaurants.

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Rights and Responsibilities of Citizens Chapter 8, Section 5

• What makes a person a citizen of the United States? • How can Americans develop democratic values? • What are the responsibilities of citizenship?

What Is a Citizen? Chapter 8, Section 5

A citizen is a person who owes loyalty to a particular nation and is entitled to all its rights and protections. To be a United States citizen: • You were born in the United States or at least one parent is a citizen. • You were naturalized, that is, you have completed the official legal process for becoming a citizen. • Many immigrants—people who enter another country to settle there—become naturalized citizens. • First, immigrants may have permission to stay in the country as resident aliens, or noncitizens living in the country. • You were 18 or younger when your parents were naturalized.

Democratic Values Chapter 8, Section 5

Basic Values

Such as honesty and compassion

Patriotism

A feeling of love and devotion toward one’s country; inspires Americans to serve their nation

Respect

For ourselves, our families, our neighbors, and other members of our community

Responsibility

Both personal and public responsibility; responsibility for ourselves and the consequences of our actions

Responsibility

Physical and moral courage; doing the right thing even when it is unpopular, difficult, or dangerous

Civic Virtue—a willingness to work for the good of the nation or community even at great sacrifice.

Responsibilities of Citizenship Chapter 8, Section 5

Voting

Citizens must study the candidates and issues in order to make responsible choices.

Obeying the laws

We give the government the power to make laws for us, so we have a duty to obey the laws.

Defending the nation

Citizens must help defend the nation against threats to its peace or security, such as by serving in the military.

Serving on a jury

Citizens must take time out from their work and personal lives for jury duty, serving on a jury when called.

Serving the community

Many citizens offer their time and talents to improve their communities and help others.

Being informed

Citizens cannot protect their rights unless they know what they are and stay informed.

Section 5 Assessment Chapter 8, Section 5

One democratic value is moral courage, which means a) doing the right thing even when it is unpopular. b) showing a feeling of love and devotion toward one’s country. c) respecting the property of others. d) serving the nation even at great risk to oneself. Because the Bill of Rights guarantees a right to trial by jury, responsible citizens will a) register for jury duty at age 18. b) enlist in the military without being called. c) take jury duty seriously and serve when called. d) study the candidates before voting for a jury.

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Section 5 Assessment Chapter 8, Section 5

One democratic value is moral courage, which means a) doing the right thing even when it is unpopular. b) showing a feeling of love and devotion toward one’s country. c) respecting the property of others. d) serving the nation even at great risk to oneself. Because the Bill of Rights guarantees a right to trial by jury, responsible citizens will a) register for jury duty at age 18. b) enlist in the military without being called. c) take jury duty seriously and serve when called. d) study the candidates before voting for a jury.

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