The Bill Of Rights

The first 10 Amendments are called the Bill of Rights Amendment 1- Freedom of Religion, Speech, Press, Assembly, and Petition- This means that Congress cannot make a law setting up an official religion. It cannot stop people from practicing any religion they choose. Congress cannot take away freedom of speech or of the press. Congress cannot stop groups from assembling, or meeting together, peacefully. It cannot stop people from petitioning, or asking the government, to end an injustice.

Amendment- 2 Right to keep arms The people have the right to keep and carry arms, or weapons.

Amendment- 3 Quartering Soldiers During peacetime, people cannot be forced to quarter soldiers, or let them stay in their homes.

Amendment - 4 Search and Seizures- People’s homes and other property cannot be searched and seized unless the police have a search warrant.

Amendment- 5 Rights of Accused Persons- People who are accused of a crime cannot be forced to testify, or give evidence, against themselves. Their lives, freedom, or property cannot be taken away from them unfairly. The government may take a person’s property for public use only if the person is paid for it.

Amendment- 6 Jury Trial in Criminal Cases- People accused of crimes have the right to a public and speedy trail with a jury. They have the right to be told the charges against them. They have the right to have a lawyer.

Amendment- 7 Jury Trail in Civil Cases- In most civil, or noncriminal, cases, people have the right to a trail by jury.

Amendment- 8 Excessive Bail or Punishment- Bail must be reasonable for the people accused of a crime. Punishments may not be cruel and unusual.

Amendment- 9 Other Rights of the People- The people have rights in addition to those listed in the Constitution.

Amendment- 10 Powers of the States and the People- Powers that are not granted to the national government and not forbidden to the states are left to the state governments or to the people. Montgomery

The Three Branches of Government The constitution divides the federal government into three separate branches. The framers of the constitution were afraid of investing too much power into the executive branch of the government. They didn’t want to be ruled by another king like they had been in England. The three branches are the legislative, executive and judicial.

The Legislative Branch Congress, the legislative branch of the government, makes the laws. It has the power to lay and collect taxes and to declare war. Congress has two houses, the House of Representatives and the Senate. The House of representatives has 435 voting members and 5 non-voting from District of Columbia, Puerto Rico, Guam, American Samoa, and Virgin Islands. The senate consists of 100 senators, two from each state. Homework- Who are the senators for Alabama?

The role of Congress The two primary functions of the Congress is to make the nation’s laws and to control government spending. The government can’t spend money unless Congress appropriates, or sets aside the funds. When it comes to checks and balances with the Executive branch, the legislative branch can reject presidential appointments and refuse to approve treaties, can impeach a president and can override a veto. It checks the judicial branch by rejecting appointments of judges and can impeach judges.

The Executive Branch The executive branch includes the president, the vice president, and various executive offices, departments and agencies. The executive branch carries out the laws that Congress passes. The president plays a number of roles in government- Chief Executive, Chief Diplomat, Commander in Chief, Chief of State, and Legislative Leader. All of these roles carries specific powers. As commander in Chief the president can use the military to intervene or offer assistance at home or around the world. He can’t declare war but can send troops for 60 days but most notify Congress when doing so.

The Executive Branch- 2 The president has a presidential cabinet that consist of a group of the heads of executive departments that helps the president make decisions and set policy. When it comes to checks and balances, the Executive Branch checks the legislative branch by vetoing legislation. To veto means to VOID. The executive branch can appoint judges to the judicial branch.

The Judicial Branch Article III of the Constitution called for the creation of a Supreme Court and lower courts. In 1789, Congress passed the Judiciary Act, which added a series of district courts to the federal court system. In 1891, the circuit court of appeals was added to ease the workload of the Supreme Court. The court system is set up that the lowest level of the federal court system are the district courts which handle federal criminal and civil cases. Appeals courts review district court decisions and can either overturn overturn the verdict or order a retrial. The Supreme court examines the laws and actions of local, state, and national governments and reviews presidential policies.

Judicial Branch- 2 The judicial branch interprets laws and with the checks and balances can declare laws unconstitutional in the legislative branch. With the executive branch can declare acts of the president unconstitutional. Judicial review is when the Supreme Court power to examine the laws and actions of local, state and national governments and to cancel them if they violate the Constitution. The first court case for judicial review is Marbury vs. Madison.

Discussion Questions for Three Branches of Government How do United States Citizens have the power to limit the legislative branch? Why might the executive branch be considered less democratic than the legislative branch? How do United States Citizens exercise power over the judicial branch?