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U.S.

Constitution
Review Guide
Based on District
Constitution Blue Print
Target: The Significance of the following documents in
relationship to the Constitution. (2 Questions)
- Dec. of Independence - Articles of Confederation
• Declaration of • Articles of Confederation
Independence – 1st Constitution of the United
– Natural Rights: States
• “Life, Liberty and Pursuit…” – National Government proved to
• “All men are created EQUAL” be too WEAK
– Popular Sovereignty • Demonstrated need for a new
Constitution with a
• “Governments derived their STRONGER central Gov’t
just powers from the
CONSENT OF THE – States were equally
GOVERNED” represented in an Unicameral
– Social Contract Congress
• People can abolish any • Basis for New Jersey Plan
government that becomes • Constitution creates Senate
“DESTRUCTIVE” of the rights which has EQUAL
of the people representation from each state
(2 Senators—regardless of
population size)
Target: Analyze the weaknesses in the Articles of Confederation
and compare to the U.S. Constitution (1 Question)
--Perspectives of Federalists and Anti-Federalists/use of sources)

• Federalists: Group who favored ratification of


the Constitution--Wanted a Stronger Gov’t
• Anti-Federalists: Group who opposed
ratification of the Constitution • Objections of
• Weaknesses of the Articles: Anti-Federalists:
– One Vote for Each State – No mention of God in
the Constitution
– Congress was powerless to collect
– Felt Ratification
taxes process was illegal
– No Court System – States couldn’t print
– Change was almost impossible: money
• Took unanimous vote to amend – INCREASED POWER
– No Executive Branch to enforce laws OF NAT’L GOV’T
– NO BILL OF RIGHTS
Target: Purpose of the U.S. Gov’t as defined in the
Preamble to the Constitution (1 Question)
(Use of Sources)
• The Preamble: • The Art. of Conf. created a “firm
We the People of the league of friendship” and was a
failure…this was meant to fix those
United States, in Order to problems.
form a more perfect Union, • The law, in both its content and
establish Justice, insure administration, must be reasonable,
domestic Tranquility, fair, and impartial. (Due Process)
provide for the common • The Gov’t is responsible for creating
defense, promote the order and maintaining the peace
general Welfare, and within the United States’ borders.
secure the Blessings of • The Gov’t is also responsible for
protecting the people of the U.S.
Liberty to ourselves and against foreign enemies.
our Posterity, do ordain • The Gov’t provides services which
and establish this benefit all of the people but wouldn’t
Constitution for the United be provided by private businesses.
States of America. • The Gov’t is created to secure these
freedoms for our descendants.
Target: Significant documents related to the
formation of the U.S. Gov’t (1 Question)
Popular Sovereignty, Limited Gov’t, & Separation of Powers
• Magna Carta:
– Limited Power of English Monarch--(Limited Gov’t)
– Habeas Corpus—No imprisonment without Due Process—
(Limited Gov’t)
– Rule of Law
• Hobbes:
– Without Gov’t there would be “continual fear and danger of
violent death and life would be solitary, poor, nasty, brutish
and short.”
• GOV’T IS NECESSARY TO KEEP ORDER IN SOCIETY
• Locke:
– Social Contract: Give up some freedom to Gov’t to gain
protections for those freedoms
– Natural Rights: Rights that we are all born with—Life, Liberty
and Pursuit of Happiness (Limited Gov’t)
CONTINUED FROM PREVIOUS SLIDE

• Montesquieu:
– “Political liberty is to be found only in moderate
governments.” –(Limited Gov’t)
– Wrote that Gov’t should be divided up into Legislative,
Judicial, and Executive bodies which are independent and
equal in power to each other—(Separation of Powers)
• Rousseau:
– Consent of the Governed: Gov’ts derived their powers from
the people—(Popular Sovereignty)
– Inalienable Rights: Rights that cannot be taken away—
(Limited Government)
Target: The principles fundamental to American
constitutional democracy. (2 Questions)
-Limited Gov’t -Separation of Powers -Checks and Balances
• LIMITED GOVERNMENT:
– Gov’t is NOT all Powerful
– Rights are protected by Gov’t…cannot be taken away
• SEPARATION OF POWERS:
– Political power is not concentrated in the hands of one
person or office
• Legislative=Make Laws / Executive=Enforce Laws / Judicial=Interpret
Laws
• CHECKS AND BALANCES:
– Each branch of our Gov’t is subject to restraints placed on it
by the other two branches
– See next slide for chart…
Target: (Leg. Branch) Powers and functions of
the institutions of Gov’t (2 Questions)

• Checks and
Balances
Target: The principles fundamental to American
Constitutional democracy. (1 Question)
Rule of Law (Magna Carta)
• “No freeman is to be taken or imprisoned or disseised
of his free tenement or of his liberties or free customs,
or outlawed or exiled or in any way ruined, nor will we
go against such a man or send against him save by
lawful judgement of his peers or by the law of the land.
To no-one will we sell or deny of delay right or justice.”
- Taken from MAGNA CARTA
• Rule of Law: Concept that holds Gov’t its officers are
always subject to the law
• Due Process: The gov’t must act fairly and in accord
with established rules in all that it does.
Target: The framers adopted a federal system in which
power and responsibility are divided and shared
between a nat’l gov’t and state gov’ts. (1 Question)
• Federalism: Compromise
between a STRONG and
a weak National Gov’t
– EXCLUSIVE POWERS
• Powers held solely by
federal gov’t
– CONCURRENT POWERS
• Powers held by both
state and fed. gov’ts
– RESERVED POWERS
• Powers held only for
States
– DENIED POWERS
• Powers that are kept
from either state or fed.
gov’ts
Target: Aspects of American political culture, such as liberty,
equality, individualism, majority rule/minority rights, necessity of
compromise, diversity—political cartoon. (1 Question)

• Example: Why is Compromise Important?


Target: The roles, rights, and responsibilities of
citizens in national, state, and local gov’ts—Bill of
Rights. (3 Questions)
1. Freedoms: Religion, Press, 6. - Speedy and Public Trial
Speech, Petition, Assembly - Must be informed of
2. Right To Bear Arms Charges
3. Protection from Quartering - Confront Witnesses
Troops - Provided an Attorney
- Trial by Jury-Criminal Case
4. Protection from Illegal
Search and Seizure 7. Trial by Jury-Civil Case
5. - No Double Jeopardy 8. Protection from Cruel and
- No Self-Incrimination Unusual Punishment
- Due Process 9. Rights not listed does not
(Procedural/Substantive) mean they are not protected
- Right to Grand Jury 10. Powers not given to the Fed
- Just Compensation in Gov’t or denied to the States
cases of Eminent are reserved to the States
Domain
Target: Constitutional amendments provide
structure for flexibility and change--Formal
Amendment Process. (1 Question)

• Why did the framers provide a way to change the Constitution?


Target: The roles and relationships between
national, state, and local governments—
Supremacy of National Law. (1 Question)

THE
CONSTITUTION
Acts of
Congress
and Treaties SUPREMACY
CLAUSE
State
“This Constitution, and the laws of the
Constitutions United States which shall be made in
Pursuance thereof; and all Treaties made,
State Laws or which shall be made, under the
authority of the United States, shall be
City and the SUPREME LAW OF THE LAND; and
County the Judges in every State shall be bound
Charters and thereby, any Thing in the Constitution or
Laws of any state to the Contrary
Ordinances notwithstanding.”
Target: Landmark Sup. Court decisions and
their implication and effects. (4 Questions)
• Marbury v. Madison:
– Establishment of Judicial Review…what is Judicial Review?
• McCullough v. Maryland:
– States are not allowed to tax the activities of the Federal
Gov’t
• Miranda v. Arizona:
– YOU HAVE THE RIGHT TO REMAIN SILENT, ANYTHING
YOU SAY CAN AND WILL BE USED AGAINST YOU IN A
COURT OF LAW, YOU HAVE THE RIGHT TO AN
ATTORNEY, IF YOU CANNOT AFFORD ONE…ONE WILL
BE APPOINTED FOR YOU.
CONTINUED FROM PREVIOUS SLIDE

• Plessy v. Ferguson:
– Separate but Equal is Constitutional and not in
violation of Equal Protection clause
– Becomes the basis for segregation
• Brown v. Board of Education:
– Overturned Plessy v. Ferguson…thus making
Segregation unconstitutional
• NJ v. TLO:
– Protection against search and seizure is reduced
within schools…why?
Target: Evaluate the expansion of democracy
and the changing role of government (1 Question)

• 15th Amendment: • Civil Rights Act:


– Expands Suffrage to – Outlaws unfair
which group? discrimination in allowing
• 19th Amendment: people to vote.
– Expands Suffrage to • Voting Rights Act:
which group? – Provides Congress with
the ability to enforce the
15th Amendment through
How do these laws appropriate legal action.
demonstrate an – Literacy tests are
expansion of forbidden.
democracy?
Target: The framers adopted a federal system in which
power and responsibility are divided and shared
between a national gov’t and state gov’ts (2 Questions)
• Federalism: Compromise
between a STRONG and
a weak National Gov’t
– EXCLUSIVE POWERS
• Powers held solely by
federal gov’t
– CONCURRENT POWERS
• Powers held by both
state and fed. gov’ts
– RESERVED POWERS
• Powers held only for
States
– DENIED POWERS
• Powers that are kept
from either state or fed.
gov’ts
Target: The three branches of gov’t operate
according to and are limited by the expressed,
implied, and inherent powers. (1 Question)
• Expressed Powers
– Powers that are explicitly written into the Constitution
• Congress is explicitly given the power to tax in the Constitution
• Implied Powers
– Powers that the government is assumed to have due to an
expressed power
• Power to Tax is an expressed power…
• Ability to create the I.R.S. to enforce tax codes is implied from that.
• Inherent Powers
– Powers that exist because the United States is an independent
Country…
• Acquiring Territory
• Conducting Diplomacy
• Protecting the Country against its foes
Target: (Exec. Branch) The process for selection
and/or election of political leaders in the three
branches of gov’t. (4 Questions)
• Qualifications for • Order of Succession:
President: – Know the first THREE
– Age? people in line to become
– Citizen? President if the President
would die or become
– Living in the U.S.?
disabled…

• 22nd Amendment: • Appointment Power:


– Limits the president to
– What is the process for
serving terms…
becoming a member of
the President’s Cabinet or
– or years. a Federal Judge?
Target: (Exec. Branch) Powers and functions of
the institutions of government (1 Question)
Roles of the President Described in the Const.
• Commander in Chief: • Chief of State:
– President is head of the Armed – President considered the
Forces…shares some War leader of the U.S.
Powers with Congress • Chief Diplomat:
• Chief Executive: – The President is given the
– The President is responsible power to conclude treaties with
for the administration of laws foreign nations…however, they
and directing Federal agencies must be approved by 2/3 of the
to executive the laws created Senate
by Congress • Chief Administrator:
• Chief Legislator: – The President is in charge of
– President is constitutionally the Federal Gov’t and therefore
required to report to Congress has the power to appoint
on the State of the Union officials to non-elected
• Recommend Legislation positions
• Call Special Sessions of
Congress if needed
• Veto Laws passed by
Congress
Target: The formation and implementation of
public policy involves political and economic
choices. (1 Question)
• What does this cartoon say about the choices
politicians must make when spending to fix the
economy?
Target: (Exec. Branch) Judicial Powers and
functions of the gov’t. (1 Question)
• Judicial Role of • What does this cartoon say
President about Clinton’s pardons?
– The President of the
United States can grant
the following:
• Pardon: legal forgiveness
for a crime
• Reprieve: postponement of
a sentence
• Commutation: Shortening
of a sentence
• Amnesty: A “blanket”
pardon to a group of law
breakers
Target: (Exec. Branch) Legislative powers and
functions of the institutions of gov’t. (1 Question)

• Veto Powers of the • President working with


President: Congress
– Ability to pass or veto bills – Often calls members of
created by Congress Congress to lobby for his
(Signing them into law) agenda
• Line-item Veto: Power to – Three Major Messages to
veto specific items within a Congress:
spending bill rather than
vetoing the entire thing • State of the Union address:
plan for the year
– Declared unconstitutional
during Clinton’s terms • Budget
• Annual Economic Report
Target: (Leg. Branch) Political representation is
related to geography. (2 Questions)
-Basis for Representation -Apportionment
• House of
Representatives:
– APPORTIONMENT:
• Number of Reps. Given to a
state…based on Population
of State
– States are divided up into
Congressional districts of
roughly equal populations
• Districts are Redrawn every
ten years following the
Census
***Missouri’s NINE Congressional
Districts (One Rep/District)
CONTINUED FROM PREVIOUS SLIDE

• CONGRESS
– Bi-cameral: Two
Legislative Bodies
• SENATE:
– TWO from each State
Regardless of Population
• HOUSE:
– Apportionment based on
Population
– Roughly
700,000800,000 People
per district
– Minimum of ONE Rep. per
State (No Maximum)
Target: (Leg. Branch) The three branches of
gov’t operate according to and are limited by the
expressed powers (1 Question)
Target: (Leg. Branch) How a Bill becomes a Law.
(3 Questions)
CONTINUED FROM PREVIOUS SLIDE
Target: (Leg. Branch) Powers and functions of
the institutions of Gov’t—Leadership (1 Question)

Eric Cantor (R) VA


CONTINUED FROM PREVIOUS SLIDE
Joe Biden (D) DE

Jon Kyl (R) AZ


Target: (Leg. Branch) Powers and functions of the
institutions of gov’t—Impreachment Process (1
Question)
HOUSE OF REPRESENTATIVES
The Matter is brought up in
the House of Representatives
• Impeachment Vote SENATE
• ONLY REQUIRES A SIMPLE If the President is
MAJORITY FOR IMPEACHMENT successfully
impeached in the House, the
Senate conducts a trial
• Presided over by the Chief
Justice of the Sup. Court
POST REMOVAL FROM OFFICE • Removal from office
If removed from office the President REQUIRES
then can be charged in a criminal A 2/3rds MAJORITY
court
• Still can go to jail and be punished
accordingly
Target: (Jud. Branch) Powers and functions of
the institutions of gov’t—Jurisdiction (1 Question)
Original: Authority to Hear Case for the first time
Appellate: Authority to review Lower court’s ruling

Original and Appellate


Jurisdiction

Appellate Jurisdiction

Original Jurisdiction
Target: (Jud. Branch) The principles fundamental
to American Constitutional Democracy—Due
Process (1 Question)
• SUBSTANTIVE DUE PROCESS:
– Government must create fair policies and laws
• Example: THE GOVERNMENT CANNOT CREATE A LAW THAT
ESTABLISHES A STATE RELGION.
• Example: THE GOVERNMENT CANNOT CREATE A LAW THAT
REQUIRES PUNISHMENT BY ELECTRIC CHAIR FOR TRAFFIC
OFFENSES.

• PROCEDURAL DUE PROCESS:


– Government must employ fair procedures and methods
• Example: POLICE MUST HAVE A WARRANT TO SEARCH YOUR
APARTMENT.
• Example: YOU MUST BE GIVEN A TRIAL AND FOUND GUILTY
BEFORE YOU ARE PUT IN JAIL.
Target: (Jud. Branch) The process for selection and/or
elections of political leaders in the three branches of
gov’t—Judicial Selection (1 Question)
Stage 1: Presidential FBI
WHITE HOUSE Investigation
Nomination
REVIEW
Qu i ck Ti m e ™ an d a
ar eTInFee
F (de
Undco
t omspree
e tssh ised pi
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u re

Stage 2: Senate Judiciary INTEREST


Committee Hearing GROUP
Influence
Certification
Qu ickTi me™ and a
TIFF (Un com pres sed) deco mpre ssor
are nee ded t o se e this pic ture.

MEDIA
Influence

Stage 3: Full Senate Stage 4: Oath of Office?


Vote
CONTINUED FROM PREVIOUS SLIDE

• What does this cartoon tell us about American politics


and culture?
• Explain how the cartoon relates to the process of
nominating Supreme Court justices.
Target: (Electoral College) The process for selection
and/or election of political leaders in the three branches
of gov’t—Structure (1 Questions)
STEP 1: STEP 3: STEP 6:
The electorate (voting people) cast A candidate must receive a The candidate that
majority of the electoral votes to
ballots for their choice for President receives the majority of
of the United States. with the presidential election.
Today, a majority is 270 votes the electoral votes
Election Day is the Tuesday on or nationally (or who is
after November 2nd. (MAGIC NUMBER TO WIN)
voted president in the
House) becomes the next
STEP 2: official President of the
These votes (popular vote) are tallied STEP 4: United States.
in each state and the candidate who If no candidate wins a clear majority As few as eleven states
wins a plurality of the popular vote in of the electoral votes, the election is
can spell victory in the
that state receives ALL of the electors decided by the U.S. House of
Representatives. Each state has
Electoral College!
(members of the Electoral College).
This means that the candidate who ONE vote.
wins the plurality of the popular vote
in a state wins all of the electoral
votes from that state. STEP 5:
A state’s number of electors is equal After votes from the whole election
to its number of representatives in the are tallied: If a candidate wins the
U.S. House and the U.S. Senate. popular vote in the national
The total number of electoral votes election, but loses the electoral vote,
possible, including D.C., is 538. he/she does NOT become president.
23rd Amendment gave D.C. 3
Electoral votes
CONTINUED FROM PREVIOUS PAGE

• What is this map basically saying about the


Electoral College?
– What States have increased importance?
Target: (Electoral College) The process for selection
and/or election of political leaders in the three branches
of gov’t—Flaws (1 Questions)

THREE FLAWS OF THE ELECTORAL COLLEGE


1. The Winner of the Popular Vote is not Guaranteed to
win the Electoral Vote
2. Possibility of Faithless Electors
– Nothing in the Constitution that requires Electors to cast their
vote for the winner of their State’s popular vote
3. The Election could be decided by the House of
Representatives
– Each State gets One vote regardless of Population
– If the Reps. from a State cannot decide on a candidate the
State would lose its vote for the President
– If the no candidate receives a majority of States (26 States)
then the possibility exists that no one could be chosen
President by inauguration day
Target: (Foreign Policy) Powers and functions of the
institutions of gov’t—War Powers (1 Question)

• How do the Congress and President share


WAR POWERS?

• How did the WAR POWERS Resolution change


the WAR POWERS of the President?
Target: (Budget) Basic concepts of U.S. Fiscal
Policy. (1 Question)
- Sources of Taxes - Role of Congress
• Over the last 20 years where does the Federal
Government gain most of its revenue?
Target: Individual rights may conflict with
the common good. (1 Question)
• Speech that isn’t protected by the First Amendment
– Violates “Clear and Present Danger Doctrine”
– Fighting Words
– Obscenity
– Defamatory Speech (Libel/Slander)
– False Advertising
• Limits on Petition and Assembly
– Cannot influence others to…
• Use Violence
• Block Public Streets
• Close Schools
• Endanger Life, Property, or Public Order
– Do not have the right to Assemble on Private Property without owner’s
permission
Target: The U.S. federal gov’t influences the
economy…defining and protecting property
rights—Eminent Domain (1 Question)
• Property Rights:
– The Gov’t protects your property by creating laws
and punishing those who steal and damage others’
property.
• Eminent Domain:
– Power of the Gov’t to
take private property
for public use.
• Must provide JUST
compensation for
your property