Answer KEY for Review
REVIEW
The constitution was influenced by the… • • • •
Tyranny of King George III The failure of the Articles of Confederation The philosophy of John Locke and the period of Enlightenment Other important documents/compacts/philosophies like Ancient Greece, Mayflower Compact, Iroquois Confederacy, Common Sense, Declaration of Independence, Magna Carta, Northwest Ordinance and Federalist Papers
Impacts of the following primary documents affecting the development of the Constitution: Aristotle (Greeks): Aristotle suggests that the people with their diverse interests need to create their own government. He introduces the ideas of Popular Sovereignty. Magna Carta: First time Rule of Law has been applied to a Monarchy. King is the above the law. Mayflower Compact: Due to the far distance of their king, pilgrims established their own government. Reinforcing of Popular Sovereignty and established a Representative Government. Iroquois Constitution: Iroquois Nation established Separation of Power (Three Branches), Checks and Balances, and Bicameralism in their government. Common Sense: This document demanded the Right to Revolt. Declaration of Independence: Stating that all men have Equality, Liberty, and chance for Pursuit of Happiness. The final ideas stated why they should revolt against the King (Right to Revolt). Federalist Papers: This primary document recommends the people to support the Constitution because it provides a framework with Federalism, Checks and Balances, and Separation of Powers in the Government to protect from tyranny. 6 Basic Principles Found in the Constitution:
Checks and balances, federalism, judicial review, limited government, popular sovereignty, separation of powers 1. The principle of Popular Sovereignty asserts that the people are the source of any and all government power, and government can exist only with the consent of the governed. 2. The principle of Limited Government states that government is restricted in what it may do, and each individual has rights that government cannot take away. This prevents tyranny. 3. Separation of Power is the principle in which the executive, legislative, and judicial branches of government are three independent and equal branches of government.
4. Checks and Balances is the system that allows the legislative, executive, and judicial branches to check, or restrain, the actions of one another. 5. The principle of Judicial Review consists of the power of a court to determine the constitutionality of a governmental action. 6. Federalism is a system of government in which the powers of government are divided between a central government and several local (state) governments
LEGISLATIVE BRANCH Congress is made up of 1. Senate 2. House of Representative
EXECUTIVE BRANCH Led by the President with Cabinet members
JUDICIAL BRANCH Led by Supreme Court with lower Federal Courts
MAKE laws
ENFORCES laws
INTERPRETS laws
Regulates commerce and immigration
Commander in Chief Leader of the armed forces
Declares laws Unconstitutional This ability is called Judicial Review
Power to create laws for special circumstances: Elastic Clause CHECKS AND BALANCES:
Explain the purpose of checks and balances: Government added special powers in each Branch of Government to make sure one branch is more powerful than the other. LEGISLATIVE CHECKS
EXECUTIVE CHECKS
Override the President’s Veto
Veto laws from Congress
Declare laws Unconstitutional
Approve Treaties
Negotiate treaties
Declare treaties Unconstitutional
Confirm executive appointments
Appoint federal judges
Declare executive acts Unconstitutional
Impeach federal officers and judges
JUDICIAL CHECKS
Declare acts of Congress Unconstitutional
FEDERALISM: The division of power between State and Federal governments • The National government has the “Supreme Power.” How is the constitution flexible? Constitution allowed Congress “Elastic Clause” and allowed government to amend the Constitution. The Constitution is broken into 3 parts THE PREAMBLE (states the goals of the constitution) We the People means: Popular Sovrereignty Form a more perfect Union What is the meaning of the phrase? Truly united not individual States Establish Justice What is the meaning of the phrase? Government will create a court and police system. Insure Domestic Tranquility What is the meaning of the phrase? Government will make sure to keep peace between States. Provide for the Common Defense What is the meaning of the phrase? Government will create armed forces to protect from foreign attacks. Promote the general Welfare What is the meaning of the phrase? Government will help citizens to Pursue their Happiness. Secure the blessings of Liberty What is the meaning of the phrase? Government will protect citizen’s Natural Rights.
For ourselves and our Posterity What is the meaning of the phrase? Government will protect the Natural Rights of future generations. THE ARTICLES (How many Articles are there?7) 1. Legislative Branch a. MAKES laws b. Run by CONGRESS ( 2 houses..) called Senate and House of Representative How old do you have to be in order to be in the House of Representatives? 25 years old Citation: Article 1 Section 2 Clause 2
How old do you have to be in order to be in the Senate?
30 years old Citation: Article 1 Section 3 Clause 4 2. Executive Branch a. ENFORCES laws b. Run by President How old do you have to be in order to be the President? 35 years old Citation: Article 2 Section 1 Clause 4 Where do you have to be born in order to run for President? Natural Born Citizen 3.
Judicial Branch a. INTERPRETS laws b. Run by the Supreme Court (who has the ultimate judicial power?)
4.
Relations between the STATES a. Explains that each state must enforce Federal Laws b. Describes HOW new states can be added to the Union.
Describes how the constitution can be amended. First step of amendment: Proposing an Amendment • National Convention OR Congress may propose an amendment with 2/3 vote to pass the proposal. Second step of amendment: Ratifying an Amendment • State Convention OR State Legislature may ratify an amendment with 3/4 vote to approve the amendment. Citation: Article 4 Section 1 Clause 1 a. 38of the states must approve the change 6. 7.
Constitution is the SUPREME Law of the Land Ratifying the constitution • •
Must be approved by 9 of the 13 original states 39 delegates signed Citation: Article 7 Section 1 Clause 1
REVIEW:
WHAT article lets us know the constitution is STILL ALIVE???
Section
Preamble Article I
Article II
Article III
Article IV
Dissecting the Constitutional Opening your rights as an American!
Answer the following questions and justify your answer by indicating the corresponding Article, Section and Claus (“paragraph”). Citation: Article _____ Section _____ Clause _____ Article 1. What branch of government does this article describe? _____ __________1. John Smith has been a citizen for 7 years. Can he run for the House of Representatives after his 25th birthday? _____ __________2. What is the minimum amount of representatives a state can have in the House of Representatives? _____ __________3. Each state will have equal representation in the Senate. How many representatives does Michigan have? _____ __________4. Who is the President of the Senate? _____ __________5. While Congress is in session, can a senator or a representative be arrested for not paying 100 parking tickets? _____ __________6. T/F? Congress has the power to declare war. _____ __________7. Can congress can make laws which shall be “necessary and proper” to carry out its other powers? FYI: This is called THE ELASTIC CLAUSE and it gives Congress the flexibility needed to do its job. Article 2: What branch of government does this article describe? _____ __________8. T/F The President is the head of the Executive Branch and serves a 4 year term of office. _____ __________9. How do states determine the amount of electoral votes they get to cast for the President? Answer here: _____ __________10. T/F? A senator can be an elector. _____ __________11. _____ __________12.
T/F? The President is the head of (Commander in Chief) the army. Can Santa Clause (born in the North Pole) be President?
Article 3: What branch of government does this article describe? _____ __________13. Who determines the punishment for Treason? Article 4: What CDV is emphasized in this article? _____ __________14. Can new states be added to the USA?
Article 5: What process does this article describe? _____ __________15. ___/3 of congress can propose a change to the constitution _____ __________16. ___3 of state of states can propose an amendment _____ __________17. How many states are needed to ratify the amendment? _____ __________18. Arnold Schwarzenegger is trying to convince President Obama to amend the constitution to allow American citizens the right to run for President of the USA if they were born in another country. What proportion (it’s a fraction!) of states must approve this in order for an amendment to take place? ARTICLE 6: What is the purpose of this article? _____ __________19.
Can any state make a law that overpowers the laws set forth in the constitution?
ARTICLE 7: What is the purpose of this article? _____ __________20. How many states had to ratify the Constitution in order for it to become the supreme law of the land? _____ __________21.
When was the constitution ratified?
Amendments: Why is this section important? 22. Which amendment of the Bill of Rights do you think is most valuable? Why? 23. Which amendment of the Bill of Rights do you think is most controversial? Why? 24. Which other 2 amendments outside of the Bill of Rights do you find important. Why?
REVIEW: 1. What has allowed our constitution to survive for so long? It provides a ____________________ framework with flexibility through the ________________clause and the __________________________ process.
2. What does the above process show us?