1. UNITED STATES CONSTITUTION SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation of the United States Constitution. SSUSH5b. Evaluate the major arguments of the anti- Federalists and Federalists during the debate on ratification of the Constitution as put forth in The Federalist concerning form of government, factions, checks and balances, and the power of the executive, including the roles of Alexander Hamilton and James Madison. SSUSH5c. Explain the key features of the Constitution, specifically the Great Compromise, separation of powers, limited government, and the issue of slavery.

2. SSCG3: The student will demonstrate knowledge of the United States Constitution. SSCG3a. Explain the main ideas in debate over ratification; include those in The Federalist. SSCG3c. Explain the fundamental principles upon which the United States Constitution is based; include the rule of law, popular sovereignty, separation of powers, checks and balances, and federalism. SSCG5: The student will demonstrate knowledge of the federal system of government described in the United States Constitution. SSCG5a. Explain the relationship of state governments to the national government. SSCG5b. Define the difference between enumerated and implied powers. SSCG5c. Describe the extent to which power is shared. SSCG5d. Identify powers denied to state and national governments. SSCG5f. Analyze the supremacy clause found in Article VI and the role of the U.S. Constitution as the “supreme law.

3. FOUNDATIONS OF U.S. GOVERNMENT THE UNITED STATES WAS FOUNDED AS A REPRESENTATIVE DEMOCRACY IN WHICH QUALIFIED CITIZENS ELECT REPRESENTATIVES TO CARRY OUT THEIR WILL IN GOVERNMENT. HOWEVER, THE ONLY EXAMPLE OF DIRECTLY ELECTED OFFICIALS IN THE ORIGINAL CONSTITUTION WAS ELECTION OF REPRESENTATIVES TO THE HOUSE OF REPRESENTATIVES, AS THE PRESIDENT WAS IN-DIRECTLY ELECTED BY THE ELECTORAL COLLEGE AND SENATORS SELECTED BY STATE LEGISLATURES.

4. THE ARTICLES OF CONFEDERATION FAILED   DURING THE YEARS IMMEDIATELY FOLLOWING THE REVOLUTIONARY WAR, THE COLONIES ORGANIZED THEMSELVES INTO A NEW AMERICAN GOVERNMENT. THE ARTICLES OF CONFEDERATION ( ) SERVED AS THE FOUNDATION FOR THIS FIRST ATTEMPT AT A NATIONAL GOVERNMENT AND WHILE A FAILURE, IT WAS THE LESSONS LEARNED UNDER THE ARTICLES THAT HELPED STRENGTHEN THE GOVERNMENT FORMED BY THE CONSTITUTION.

5. CONSTITUTIONAL CONVENTION CONVENED MEETING AT INDEPENDENCE HALL IN PHILADELPHIA, 55 DELEGATES FROM ALL THE STATES EXCEPT RHODE ISLAND, MET TO REWORK THE FAILING ARTICLES OF CONFEDERATION. IT QUICKLY BECAME APPARENT THAT AMENDING THE ARTICLES WAS UNWORKABLE AND DISCUSSION SOON TURNED TO REPLACING THEM WITH A NEW GOVERNMENT.  MANY OF OUR GREATEST FOUNDING FATHERS ATTENDED THE CONVENTION AS DELEGATES FROM THEIR RESPECTIVE STATES. GEORGE WASHINGTON (ELECTED PRESIDENT OF THE CONVENTION), BENJAMIN FRANKLIN, JAMES MADISON AND ALEXANDER HAMILTON (A STRONG CONTRIBUTOR AND DELEGATE FROM NEW YORK) ALL WERE IN ATTENDANCE.

6. THE GREAT COMPROMISE ONE OF THE FIRST ISSUES TO BE RESOLVED WAS REPRESENTATION TO THE NEW GOVERNMENT. THE ARTICLES OF CONFEDERATION HAD ALLOWED EACH STATE EQUAL REPRESENTATION AND EQUAL SAY, DESPITE SIZE OR POPULATION AND THIS DID NOT SIT WELL WITH THE LARGEST STATES (VIRGINIA, NEW YORK, PENNSYLVANIA). THE SMALLER STATES FEARED LOSING SAY IN THE FEDERAL GOVERNMENT AND SO CONTINUED TO SUPPORT EQUALITY IN REPRESENTATION.

8. THE 3/5THS COMPROMISE A FUNDAMENTAL ECONOMIC AND SOCIAL DIVISION BEGAN TO ERUPT OVER THE ISSUE OF SLAVERY. THE SOUTHERN, AGRICULTURALLY BASED STATES RELIED HEAVILY ON SLAVERY AND SLAVES CONSTITUTED A SIGNIFICANT PORTION OF THEIR POPULATIONS. THE NORTHERN STATES OPPOSED COUNTING SLAVES FOR REPRESENTATION IN GOVERNMENT BECAUSE THEY WERE NOT CITIZENS AND THEIR POPULATION COULD EASILY BE INCREASED, TIPPING CONTROL OF THE FEDERAL LEGISLATURE TO THE SOUTHERN STATES.

10. THE TRADE (COMMERCE) COMPROMISE AGAIN A REGIONAL DISAGREEMENT AROSE, IN THIS CASE OVER THE ISSUE OF TRADE AND ITS REGULATION. THE NORTHERN, MORE INDUSTRIAL STATES SAW THE REGULATION OF TRADE BY THE FEDERAL GOVERNMENT AS ESSENTIAL TO THE SMOOTH WORKING OF A NATIONAL ECONOMY. THE SOUTHERN STATES FEARED REGULATION OF TRADE WOULD NOT ONLY THREATEN THE SALE OF SLAVES, BUT ALSO THE ESSENTIAL EXPORT OF THEIR AGRICULTURAL PRODUCTS (CHIEFLY COTTON AND TOBACCO).

12. THE PRESIDENCY COMPROMISE NEARLY ALL OF THE DELEGATES COULD AGREE ON THE NEED FOR A PRESIDENT, TO SERVE AS A CENTRAL FIGURE AND EXECUTIVE OF THE NEW NATION. THE DISAGREEMENT AROSE OVER THE POWER AND SERVICE OF SUCH AN OFFICE. SOME DELEGATES, FEARING THE RISE OF KING-LIKE PRESIDENT ADVOCATED FOR A WEAK OFFICIAL, WHO WOULD BE LIMITED TO A SINGLE ONE-YEAR TERM. OTHERS ARGUED THE NEED FOR A POWERFUL FIGURE WHO WOULD BE ELECTED, BUT SERVE FOR LIFE. DEBATES ALSO RAGED ABOUT HOW BEST TO ELECT THE PRESIDENT AND WHAT ROLE THE PEOPLE OF THE NATION SHOULD SERVE IN HIS SELECTION.

14. RATIFICATION DEBATES MANY OF THE SMALLER STATES QUICKLY RATIFIED THE NEW CONSTITUTION, THE DEBATE IN THE TWO LARGEST AND MOST IMPORTANT STATES, NEW YORK AND VIRGINIA, RAGED ON FOR MONTHS. THE DEBATE IN NEW YORK WAS PARTICULARLY DIVISIVE. THE CONSTITUTIONAL SUPPORTERS, THE FEDERALISTS, TOOK THE DEBATE INTO THE PUBLIC FORUM OF THE PRESS, PUBLISHING A SERIES OF PRO-RATIFICATION ESSAYS COLLECTIVELY KNOWN AS THE FEDERALIST PAPERS. WHILE THE FEDERALIST PAPERS WERE SIMPLY SIGNED "PUBLIUS" THEY WERE THE WORK OF ALEXANDER HAMILTON, JAMES MADISON, AND JOHN JAY. THEY STILL STAND TODAY AS SOME OF THE GREATEST COMMENTARY ON THE MEANING AND INTENT OF THE CONSTITUTION'S CHIEF AUTHORS.

15. RATIFICATION DEBATES THE ANTI-FEDERALIST OPPOSITION TO RATIFICATION WAS STRONG AND WHILE ALL OF THE STATES EVENTUALLY ACCEPTED THE NEW GOVERNMENT, STATES SUCH AS VIRGINIA AND MASSACHUSETTS DID SO ONLY AFTER ATTACHING RECOMMENDATIONS CONCERNING THE ADDITION OF A BILL OF RIGHTS. THE FIRST 10 AMENDMENTS TO THE CONSTITUTION WERE ADDED SOON AFTER RATIFICATION AND BECAME THE U.S. BILL OF RIGHTS AND STAND AS THE ANTI-FEDERALISTS GREATEST CONTRIBUTION TO THE CONSTITUTION THEY SO OPPOSED.

16. Federalists Political faction and eventually a political party
that favored a strong central government,
supported ratification of the Constitution, and
held to a "loose interpretation" of the
Constitution.

17. Alexander Hamilton Major leader of the Federalist Party who
served as President Washington's secretary
of the treasury and introduced an economic
plan for dealing with the nation's economic
crisis during Washington's first term.

18. James Madison Federalist leader who played a key role in
drafting the Constitution and is often referred
to as the "Father of the Constitution."

19. Anti-Federalists Political faction and eventually a political
Party that opposed a strong central
government, did not support ratification of
the Constitution, and held to a "strict
interpretation" of the Constitution.

20. Federalist Papers Essays that were written to persuade New
York's legislature to ratify the Constitution by
easing fears that the document left the
government susceptible to any one faction
seizing too much power.

24. SSCG4: The student will demonstrate knowledge of the organization and powers of the national government. SSCG4a. Describe the structure and powers of the legislative, executive, and judicial branches. SSCG4b. Analyze the relationship between the three branches in a system of checks and balances and separation of powers. SSCG9: The student will explain the differences between the House of Representatives and the Senate, with emphasis on terms of office, powers, organization, leadership, and representation of each house. SSCG10: The student will describe the legislative process including the roles played by committees and leadership. SSCG10a. Explain the steps in the legislative process. SSCG10b. Explain the function of various leadership positions within the legislature.

25. How a Bill Becomes a Law

26. Congressional Committees
Two basic types of Committees
1. authorizing (establish policies)
2. appropriations (funding)
Standing Committees (permanent)
-19 in House, 17 in Senate
- further divided into subcommittees (175 total)
Select Committees (special issues or investigations)
Joint Committees and Conference Committees
-House and Senate Committees working together

27. CONGRESSIONAL COMMITTEES CONGRESSIONAL COMMITTEES HAVE BEEN REFERRED TO AS THE "BACKBONE OF CONGRESS". HOWEVER, THE SYSTEM BY WHICH THE MAJORITY OF THE WORK IN CONGRESS IS ACCOMPLISHED IS NOT DEFINED IN THE CONSTITUTION. THE WORK OF CONGRESS SOON BECAME SO VAST, THAT IT BECAME ESSENTIAL TO THE GOVERNING OF THE NATION, TO DIVIDE THE WORK OF LEGISLATING INTO SPECIALIZED COMMITTEES. THESE COMMITTEES IN BOTH THE HOUSE AND THE SENATE SERVE TO FIRST CONSIDER SPECIFIC LEGISLATION ON TOPICS SUCH AS THE MILITARY (ARMED SERVICES COMMITTEE), FOREIGN POLICY (FOREIGN RELATIONS COMMITTEE) OR SPENDING (APPROPRIATIONS COMMITTEE) BEFORE PASSING BILLS ONTO THE ENTIRE HOUSE OR SENATE FOR CONSIDERATION.

29. 3 BRANCHES OF U.S. GOVERNMENT

30. Separation of Powers Divides authority to govern between different
branches of government.

31. Legislative Branch
Responsible for making the laws of the country.

33. LEGISLATIVE BRANCH THE LEGISLATIVE BRANCH OF US GOVERNMENT IS THE U. S
LEGISLATIVE BRANCH THE LEGISLATIVE BRANCH OF US GOVERNMENT IS THE U.S. CONGRESS, CREATED BY ARTICLE I OF THE CONSTITUTION. THE UPPER-HOUSE OF CONGRESS IS THE US SENATE. THE LOWER-HOUSE IS THE HOUSE OF REPRESENTATIVES MAIN JOB/ROLES AND POWERS TO MAKE LAWS AND CHANGES EXISTING LAWS BASED ON THE CONSTITUTION AND THE BILL OF RIGHTS; TO PASS LEGISLATION (LAWS), DECLARE WAR, REGULATE TRADE REGULATE MONEY, IMPEACH FEDERAL OFFICIALS, OVERRIDE PRESIDENTIAL VETOES (2/3 VOTE IN EACH HOUSE).

34. REPRESENTATION IN CONGRESS
SENATE
REPRESENTATION: EACH STATE HAS 2 SENATORS
LEADER OF THE SENATE
VICE PRESIDENT
PRESIDENT PROTEMPORE
LEADER OF THE HOUSE
SPEAKER OF THE HOUSE
HOUSE OF REPRESENTATIVES
REPRESENTATION: EACH STATE'S NUMBER OF REPRESENTATIVES IS PROPORTIONAL TO POPULATION. THE NUMBER OF REPRESENTATIVES IS FIXED AT 435 AND DIVISION AMONG THE STATES IS DETERMINED BY THE CENSUS (POPULATION COUNT) CONDUCTED EVER 10 YEARS AS REQUIRED BY THE CONSTITUTION.

35. QUALIFICATIONS HOUSE OF REPRESENTATIVES AND SENATE
REQUIREMENTS: REPRESENTATIVES MUST BE OVER 25, 7 YEAR CITIZENS OF THE US, AND A RESIDENT OF THE STATE THEY REPRESENT.
TERM: REPRESENTATIVES SERVE UNLIMITED 2 YEAR TERMS, ELECTED BY POPULAR VOTE. 
SENATE
REQUIREMENTS:
SENATORS MUST BE OVER 30, 9 YEAR CITIZENS OF THE US AND A RESIDENT OF THE STATE THEY REPRESENT.
TERM:
SENATORS SERVE UNLIMITED 6 YEAR TERMS, ELECTED BY POPULAR VOTE (**NOTE: THE ORIGINAL CONSTITUTION CALLED FOR SENATORS TO BE ELECTED BY THE STATE LEGISLATURES, THE 17TH AMENDMENT CHANGED THIS TO A POPULAR VOTE).

36. SPECIAL POWERS & RESPONSIBILITIES
REPRESENTATIVES
ORIGINATE ALL SPENDING ($$) BILLS
SERVE AS PROSECUTION IN IMPEACHMENT TRIAL AND VOTE TO IMPEACH THE PRESIDENT OR FEDERAL OFFICIAL
SELECT A PRESIDENT IF THE ELECTORAL COLLEGE FAILS TO
VOTE TO DECLARE WAR
“THE PEOPLE’S VOICE”
(DIRECTLY REPRESENT THE
PEOPLE)
SENATE
APPROVE PRESIDENTIAL NOMINATIONS TO THE FEDERAL COURTS (INCLUDING THE SUPREME COURT, BY MAJORITY VOTE)—OVERSEE TRIAL
APPROVE PRESIDENTIAL APPOINTMENTS TO FEDERAL POSITIONS (BY A MAJORITY VOTE) IN THE CABINET
APPROVE TREATIES (BY 2/3 VOTE)
SERVE AS JURY IN IMPEACHMENT TRIALS
SELECT A VICE-PRESIDENT IF THE ELECTORAL COLLEGE FAILS TO
“COURT OF PUBLIC OPINION” THE
SENATE DIRECTLY REPRESENTS
THE PUBLIC’S OPINION.

37. Questions for Review 1. Which of the following describes the House of Representatives? A. It has exactly 100 members. B. Representatives may serve only two year terms. C. Every States has at least one member. D. It is considered the more prestigious house of Congress Which statement about the Senate is true? A. It has two members from each state. B. Its membership is proportional to the State’s population. C. It is considered less important than the House of Representatives. D. It has “the power of the purse.” 3. According to the Constitution, who has the sole power to impeach the President? A. The U.S. Supreme Court C. The Attorney General B. No person or group D. The House of Representatives
B. Representatives may serve only two year terms.
A. It has two members from each state.
D. The House of Representatives

38. SSCG12: The student will analyze the various roles played by the President of the United States; include Commander-in-Chief of the Armed Forces, chief executive, chief agenda setter, representative of the nation, chief of state, foreign policy leader, and party leader. SSCG15: The student will explain the functions of the departments and agencies of the federal bureaucracy. SSCG15b. Explain the functions of the Cabinet

39. Executive Branch Responsible for enforcing the laws and is
headed by the president of the United
States.

41. EXECUTIVE BRANCH THE EXECUTIVE BRANCH OF U. S
EXECUTIVE BRANCH THE EXECUTIVE BRANCH OF U.S. GOVERNMENT IS COMPOSED OF THE PRESIDENT (LEADER), VICE PRESIDENT (SECOND IN COMMAND), PRESIDENTIAL CABINET MEMBERS (ADVISORS) AND ALL FEDERAL AGENCIES AND THEIR HEADS. THE EXECUTIVE WAS CREATED BY ARTICLE II OF THE CONSTITUTION.

42. QUALIFICATIONS AND TERMS
REQUIREMENTS: PRESIDENT (OR VICE-PRESIDENT) MUST OVER 35, A NATURAL BORN CITIZEN, AND A 14 YEAR RESIDENT OF THE UNITED STATES.
TERMS: PRESIDENT SERVES A MAXIMUM OF 2 TERMS OF 4 YEARS (**NOTE: THE ORIGINAL CONSTITUTION ALLOWED OF UNLIMITED TERMS OF SERVICE, THIS WAS REVISED BY THE 22ND AMENDMENT IN 1951).
FRANKLIN D. ROOSEVELT WAS THE ONLY PRESIDENT TO BE ELECTED 3 TERMS.

43. MAIN DUTIES/ROLES AND POWERS CHIEF EXECUTIVE—ENFORCE THE LAWS PASSED BY CONGRESS ISSUE EXECUTIVE ORDERS, ENFORCING THE LAW; ACT AS THE HEAD OF THE FEDERAL BUREAUCRACY AND ALL FEDERAL AGENCIES NOMINATE JUDGES (INCLUDING THOSE TO THE SUPREME COURT, REQUIRING SENATE CONFIRMATION); APPOINT GOVERNMENT OFFICIALS (SOME REQUIRING SENATE CONFIRMATION, SOME NOT). CHIEF DIPLOMAT—ACT A REPRESENTATIVE OF THE UNITED STATES TO FOREIGN GOVERNMENTS; MAKE TREATIES WITH FOREIGN NATIONS (REQUIRE 2/3 VOTE IN SENATE FOR APPROVAL); EXTEND OR RESCIND DIPLOMATIC RECOGNITION OF FOREIGN NATIONS. CHIEF LEGISLATOR—PROPOSE A FEDERAL BUDGET; RECOMMEND PROPOSED LAWS TO CONGRESS; VETO LEGISLATION; APPROVE LEGISLATION PASSED BY CONGRESS.

44. MAIN DUTIES/ROLES AND POWERS COMMANDER-IN-CHIEF OF ARMED FORCES—SUPREME COMMANDER OF ALL BRANCHES OF US MILITARY; AUTHORIZE USE OF US MILITARY FOR UP TO 60 DAYS (WITHOUT APPROVAL OF CONGRESS OR DECLARATION OF WAR). CHIEF OF STATE—SERVE AS CEREMONIAL HEAD OF US GOVERNMENT VICE PRESIDENT MAIN DUTIES/ROLES AND POWERS PRESIDENT OF THE SENATE—MAKES DECIDING VOTE IN SENATE ONLY IF THERE IS A TIE. OVERSEES THE 25TH AMENDMENT—MAKES FINAL DECISION OF WHETHER THE PRESIDENT IS CAPABLE OF FULFILLING THE JOB OF PRESIDENCY WHEN HE IS DISABLED.

45. PRESIDENTIAL CABINET/ADVISORS
1. SECRETARY OF STATE
2. ATTORNEY GENERAL
3. SECRETARY OF LABOR
4. SECRETARY OF ENERGY
5. SECRETARY OF
AGRICULTURE
6. SECRETARY OF EDUCATION
7. SECRETARY OF VETERAN
AFFAIRS
8. SECRETARY OF DEFENSE
9. SECRETARY OF HOUSING
AND URBAN
DEVELOPMENT
10. SECRETARY OF INTERIOR
11. SECRETARY OF
TREASURY
SECRETARY OF
COMMERCE
13. SECRETARY OF HEALTH AND
HUMAN SERVICES
(RESOURCES)
14. SECRETARY OF
TRANSPORTATION
15. SECRETARY OF
HOMELAND
SECURITY**
**(ADDED AFTER 2001)

46. Questions for Review "I've come here to Cairo to seek a new beginning between the United States and Muslims around the world, one based on mutual interest and mutual respect, and one based upon the truth that America and Islam are not exclusive and need not be in competition. Instead, they overlap, and share common principles -- principles of justice and progress; tolerance and the dignity of all human beings. I do so recognizing that change cannot happen overnight. I know there's been a lot of publicity about this speech, but no single speech can eradicate years of mistrust, nor can I answer in the time that I have this afternoon all the complex questions that brought us to this point. But I am convinced that in order to move forward, we must say openly to each other the things we hold in our hearts and that too often are said only behind closed doors" President Barack Obama, June 4, These lines from President Obama's speech show a President's role as a. party leader. c. Commander in Chief. b. Chief Executive. d. Chief Diplomat
d. Chief Diplomat

47. Use the cartoon below to answer the question. 2
Use the cartoon below to answer the question Hillary Clinton is advising President Obama on the Middle East conflict due to her expertise in foreign policy, this action is Constitutional because she represents which cabinet position a. Secretary of Domestic peace c. Secretary of State b. Secretary of Defense d. Secretary of Commerce 3. Members of the Cabinet advise the President on various policy issues. Which of the following is a member of the Cabinet? A. Solicitor General C. First Lady B. Vice President D. Attorney General
Secretary of State
***

48. 4. Commander of the national armed forces is the. a. president. c
4. Commander of the national armed forces is the a. president. c. vice president. b. State of the Union general. d. attorney general. 5. In the _____________________________ the goal is to preserve the nation’s communities and ensures the United States citizens of equal housing opportunities as well as helps to make mortgage money available. a. Department of Commerce c. Department of Housing and Urban Development b. Department of Labor d. Department of Justice 6. The branch of the federal government that has the power to propose legislation, negotiate treaties with other nations, and appoint federal judges is the A. Legislative Branch C. Judicial Branch B. Executive Branch D. Constitutional Branch
A. President
C. Department of Housing and Urban Development
B. Executive Branch

49. SSCG16: The student will demonstrate knowledge of the operation of the federal judiciary. SSCG16a. Explain the jurisdiction of the federal courts and the state courts. SSCG16b. Examine how John Marshall established the Supreme Court as an independent, coequal branch of government through his opinions in Marbury v. Madison. SSCG16c. Describe how the Supreme Court decides cases.

50. Judicial Branch The federal court system.
Its role is to make sure the laws are applied
fairly and appropriately.

51. Serves as the highest court in the land.
U.S. Supreme Court
Serves as the highest court in the land.

53. JUDICIAL BRANCH THE JUDICIAL BRANCH OF US GOVERNMENT IS COMPOSED OF THE SUPREME COURT AND ALL OF THE LOWER FEDERAL COURTS AS CREATED BY CONGRESS. THE JUDICIAL BRANCH WAS CREATED BY ARTICLE III OF THE CONSTITUTION. THE MOST SIGNIFICANT POWER OF THE JUDICIAL BRANCH IS THAT OF JUDICIAL REVIEW, FIRST STATED BY CHIEF JUSTICE JOHN MARSHALL IN THE 1803 CASE OF MARBURY VS. MADISON, BUT NOT EXPRESSLY GRANTED THE COURT BY THE CONSTITUTION.

54. REQUIREMENTS AND TERMS OF SERVICE LEADER: CHIEF JUSTICE OTHER MEMBERS: ASSOCIATE JUSTICES TERMS: JUDGES SERVE FOR LIFE, THEY ARE NOMINATED BY THE PRESIDENT AND APPROVED BY THE SENATE BUT MAY BE REMOVED BY AN IMPEACHMENT PROCEEDING APPOINTED BY: PRESIDENT APPROVED BY: SENATE (CONFORMATION); HOUSE (CAST VOTE FOR APPROVAL) REQUIREMENTS: THERE ARE NO SPECIFIC REQUIREMENT FOR JUDGESHIP IN THE CONSTITUTION MAIN ROLES AND POWERS **INTERPRET THE LAW—DECIDE WHETHER OR NOT THE PRESIDENTIAL ACTIONS AND LEGISLATIVE ACTIONS ARE CONSTITUTIONAL. **CHIEF JUSTICE PRESIDES OVER TRIALS OF PRESIDENTIAL IMPEACHMENT— PUNISH LAWBREAKERS; HANDLES PUNISHMENT FOR TREASON.

55. JUDICIAL REVIEW THE MOST IMPORTANT POWER OF THE SUPREME COURT, THAT OF JUDICIAL REVIEW OR THE ABILITY TO DECLARE LAWS UNCONSTITUTIONAL, IS NOT IN THE CONSTITUTION. THE POWER OF JUDICIAL REVIEW WAS A PRECEDENT SET IN THE 1803 MARBURY V. MADISON DECISION. REGARDLESS, IT HAS BECOME ONE OF THE MOST FUNDAMENTAL CONCEPTS IN AMERICAN  GOVERNMENT. IT ALSO SERVES A CHECK AND BALANCE ON THE LAWS PASSED BY CONGRESS AND THE ACTIONS AND TREATIES OF THE PRESIDENT.

56. EXERCISE THE POWER OF JUDICIAL REVIEW 1
EXERCISE THE POWER OF JUDICIAL REVIEW DETERMINE IF LAWS PASSED BY CONGRESS ARE ALLOWABLE BY THE CONSTITUTION DETERMINE IF TREATIES NEGOTIATED BY THE PRESIDENT AND APPROVED BY THE SENATE ARE ALLOWABLE BY THE CONSTITUTION DETERMINE IF ACTIONS BY THE PRESIDENT IN ENFORCING THE LAW ARE ALLOWABLE BY THE CONSTITUTION DETERMINE IF LAWS PASSED BY STATES ARE ALLOWABLE BY THE CONSTITUTION JURISDICTION (SUPREME COURT) 1. THE SUPREME COURT HEARS CASES OF APPEAL FROM LOWER FEDERAL AND STATE COURTS 2. THE SUPREME COURT HAS ORIGINAL JURISDICTION (MAY HEAR A CASE FIRST) IN CASES INVOLVING A STATE VS. STATE MATTER OR A BRANCH VS. BRANCH MATTER.

57. FEDERAL COURTS. U. S. COURT OF APPEALS (APPELLETE—13). U. S
FEDERAL COURTS U.S. COURT OF APPEALS (APPELLETE—13) U.S. COURT OF INTERNATIONAL TRADE U.S. DISTRICT COURTS U.S. TERRITORIAL COURTS U.S. COURT OF MILITARY APPEALS U.S. TAX COURT STATE COURTS STATE SUPREME COURT APPELLETE COURT SUPERIOR COURT LOWER COURT

58. Questions for Review 1. The Supreme Court is established in which branch of government? A. Legislative Branch C. Executive Branch B. Judicial Branch D. Presidential Branch This elevated the Supreme Court to a status balancing the powers of the other branches. A. Judicial review C. Enumerated powers B. Constitutional amendment D. Judicial activism How long is the term for a members of the Supreme Court? A. 2 years C. 6 years B. 4 years D. Lifetime 4. How many justices-including the chief justice-are on the Supreme Court? A. Five C. Nine B. Seven D. Eleven
B. Judicial Branch
A. Judicial review
D. Lifetime
C. Nine

59. Questions for Review 5. The implied power of the Supreme Court to declare laws unconstitutional is called A. Judicial activism C. Power of the people B. Judicial review D. Presidential veto 6. A new controversial law has passed in both houses of Congress and was signed by the President. A court case concerning the law is being brought to the Supreme Court. Many political analysts believe the Supreme Court will exercise its rights to judicial review in its decision. Which conclusion is best, given this information? A. Every law passed by Congress must be submitted to the Supreme Court for approval. B. The Supreme Court could declare the law unconstitutional. C. The Supreme court will rule on the court case without making a single change in the law. D. None of the above.
B. Judicial review
***

60. CHECKS & BALANCES IN GOVERNMENT INTRODUCTION TO CHECKS AND BALANCES IN FEDERAL GOVERNMENT THE CONCEPT OF CHECKING AND BALANCING POWER

61. Checks and Balances Powers given to each branch that allow
each branch to check the powers of the
other two.

62. Checks and Balances Legislative Branch
Powers
Passes bills into law
Over-ride Presidential veto by 2/3 vote
Approval of Cabinet positions (Senate)
“power of the Purse”
Checks on Powers
President’s power to veto laws passed by Congress
Supreme Court’s power to rule laws unconstitutional

63. Checks and Balances Executive Branch
Powers
Approves or vetoes laws
Carries out laws
Appoints federal judges and officials
Negotiates treaties
Checks on Powers
Congress can override veto by 2/3 vote
Congress has power to approve spending
Senate has power to approve appointments
Senate approves treaties
Congress can impeach

64. Checks and Balances Judicial Branch
Powers
Interprets the meaning of Constitution and laws
Rules on constitutionality of laws passed by congress and actions of the Executive Branch
Checks on Powers
Congress and States have the power to amend the Constitution
Senate has authority to refuse appointments to the federal courts
Congress can impeach a federal judge

65. EXECUTIVE BRANCH CHECKS ON THE LEGISLATIVE BRANCH
· PRESIDENT HAS THE POWER TO VETO LAWS PASSED
BY THE CONGRESS
· PROPOSES LAWS TO CONGRESS
· SUBMITS THE FEDERAL BUDGET TO THE HOUSE OF
REPRESENTATIVES
· APPOINTS FEDERAL OFFICIALS, WHO CARRY OUT
AND ENFORCE LAWS

66. EXECUTIVE BRANCH CHECKS ON THE JUDICIAL BRANCH
EXECUTIVE BRANCH CHECKS ON THE JUDICIAL BRANCH **Nominates judges to the Supreme Court **Nominates judges to the federal court system **President has the power to pardon individuals convicted of crimes **President can grant amnesty, forgiving a class of crime

67. LEGISLATIVE BRANCH CHECKS ON THE EXECUTIVE BRANCH
LEGISLATIVE BRANCH CHECKS ON THE EXECUTIVE BRANCH **CONGRESS CAN OVERTURN A PRESIDENTIAL VETO WITH A 2/3 VOTE OF BOTH HOUSES **SENATE CAN REJECT PROPOSED TREATIES (2/3 VOTE TO APPROVE) **SENATE CAN REJECT PRESIDENTIAL NOMINATIONS OF FEDERAL OFFICIALS OR JUDGES **CONGRESS CAN IMPEACH AND REMOVE THE PRESIDENT (HOUSE SERVES AS PROSECUTION, SENATE SERVES AS JURY)

68. LEGISLATIVE BRANCH CHECKS ON THE JUDICIAL BRANCH
LEGISLATIVE BRANCH CHECKS ON THE JUDICIAL BRANCH **CONGRESS CAN CREATE LOWER COURTS **SENATE CAN REJECT NOMINEES TO THE FEDERAL COURTS/SUPREME COURT **CONGRESS CAN AMEND THE CONSTITUTION TO OVERTURN DECISIONS OF THE SUPREME COURT **CONGRESS CAN IMPEACH JUDGES AND REMOVE FROM THE BENCH

69. JUDICIAL BRANCH CHECKS ON THE EXECUTIVE BRANCH · SUPREME COURT CAN USE THE POWER OF JUDICIAL REVIEW TO RULE LAWS UNCONSTITUTIONAL

70. JUDICIAL BRANCH CHECKS ON THE LEGISLATIVE BRANCH
JUDICIAL BRANCH CHECKS ON THE LEGISLATIVE BRANCH **SUPREME COURT CAN USE THE POWER OF JUDICIAL REVIEW TO RULE PRESIDENTIAL ACTIONS UNCONSTITUTIONAL **SUPREME COURT CAN USE THE POWER OF JUDICIAL REVIEW TO RULE TREATIES UNCONSTITUTIONAL

71. JUDICIAL REVIEW THE MOST IMPORTANT POWER OF THE SUPREME COURT, THAT OF JUDICIAL REVIEW OR THE ABILITY TO DECLARE LAWS UNCONSTITUTIONAL, IS NOT IN THE CONSTITUTION. THE POWER OF JUDICIAL REVIEW WAS A PRECEDENT SET IN THE 1803 MARBURY V. MADISON DECISION. REGARDLESS, IT HAS BECOME ONE OF THE MOST FUNDAMENTAL CONCEPTS IN AMERICAN  GOVERNMENT. IT ALSO SERVES A CHECK AND BALANCE ON THE LAWS PASSED BY CONGRESS AND THE ACTIONS AND TREATIES OF THE PRESIDENT.

72. FEDERALISM IN U.S. GOVERNMENT FEDERALISM THE CONCEPT OF FEDERALISM IS ONE THAT UNDERLIES ALL CONCEPTS ABOUT THE POWER OF GOVERNMENT IN THE U.S. SYSTEM. FEDERALISM WITHIN THE UNITED STATES SYSTEM IS THE BALANCING OF POWER BETWEEN A FEDERAL GOVERNMENT AND STATE GOVERNMENTS. WITHIN THIS SYSTEM THE FEDERAL GOVERNMENT IS SUPERIOR TO THE STATE GOVERNMENTS. FOR EXAMPLE, A STATE COULD NOT PASS A LAW THAT DIRECTLY CONTRADICTED A LAW PASSED ON THE FEDERAL LEVEL. WITHIN THESE PRINCIPLES, POWER IS DIVIDED AMONG THE FEDERAL AND STATE GOVERNMENTS.

73. DIVIDED POWERS IN US GOVERNMENT THE U. S
DIVIDED POWERS IN US GOVERNMENT THE U.S. CONSTITUTION SPECIFICALLY STATES WHAT TYPES OF POWERS ARE TO BE GRANTED TO WHAT GOVERNMENTS. DELEGATED POWERS - TO DELEGATE MEANS TO SPECIFICALLY ASSIGN, IN THIS CASE DELEGATED POWERS ARE THOSE POWERS SPECIFICALLY ASSIGNED TO THE FEDERAL GOVERNMENT. THE FOUNDING FATHERS FEARED A NATIONAL GOVERNMENT THAT WOULD OVERSTEP ITS BOUNDS, SO THEY TOOK CARE TO ONLY ALLOW THE NATIONAL GOVERNMENT VERY SPECIFIC POWERS. THESE ARE ALSO REFERRED TO AS ENUMERATED POWERS. RESERVED POWERS - TO RESERVE IS TO SAVE, IN THIS CASE ALL POWERS NOT SPECIFICALLY DELEGATED THE FEDERAL GOVERNMENT ARE TO BE RESERVED OR SAVED FOR THE STATE GOVERNMENTS. CONCURRENT POWERS - CONCURRENT MEANS "AT THE SAME TIME", IN THIS CASE CONCURRENT POWERS ARE THOSE THAT BOTH THE FEDERAL AND STATE GOVERNMENTS HAVE SIMULTANEOUSLY. 

74. DENIED POWERS - THESE ARE POWERS THAT ARE SPECIFICALLY NOT ALLOWED TO EITHER THE FEDERAL OR STATE GOVERNMENTS. AGAIN, THIS LISTING OF DENIED POWERS WAS A SPECIFIC WAY IN WHICH THE FOUNDING FATHERS ATTEMPTED TO CREATE A LIMITED GOVERNMENT. IMPLIED POWERS - THESE ARE POWERS THAT ARE NOT SPECIFICALLY DELEGATED IN THE CONSTITUTION, BUT ARE UNDERSTOOD TO BE NECESSARY OR ALLOWED. THE ELASTIC CLAUSE OR NECESSARY AND PROPER CLAUSE ALLOWS THESE BY STATING THAT CONGRESS HAS THE POWER "TO MAKE ALL LAWS WHICH SHALL BE NECESSARY AND PROPER FOR CARRYING INTO EXECUTION THE FOREGOING POWERS" (ART. I, SEC. 8).

75. EXAMPLES INCLUDE HAMILTON'S CREATION OF THE NATIONAL BANK - NO POWER TO CREATE BANKS IS DELEGATED THE FEDERAL GOVERNMENT, HOWEVER IT WAS DEEMED NECESSARY AND PROPER TO FORM A BANK TO AID IN CONGRESS'S POWER TO COIN MONEY AND REGULATE THE ECONOMY. (SEE MCCULLOUGH VS. MARYLAND 1819) REGULATION OF RAILROADS, SHIPPING, HIGHWAYS - CONGRESS IS DELEGATED THE POWER TO REGULATE INTERSTATE TRADE AND AS SUCH IT IS IMPLIED THAT CONGRESS ALSO HAS THE POWER TO REGULATE INTERSTATE TRANSPORTATION BY WHICH INTERSTATE TRADE IS MADE POSSIBLE. (SEE GIBBONS VS. OGDEN 1824)

77. EXAMPLES OF DIVIDED POWERS IN US GOVERNMENT
DELEGATED POWERS: THOSE POWERS SPECIFICALLY GRANTED THE FEDERAL GOVERNMENT BY THE CONSTITUTION.
RESERVED POWERS: THOSE POWERS NOT DELEGATED TO THE FEDERAL GOVERNMENT OR DENIED THE STATES ARE RESERVED FOR THE STATES.
REGULATE
INTERSTATE AND
INTERNATIONAL
TRADE, COIN
MONEY, DECLARE
WAR, MAINTAIN
ARMED FORCES,
ESTABLISH A
POSTAL SYSTEM,
ENFORCE
COPYRIGHTS,
SIGN TREATIES,
ACQUIRE
TERRITORY
CONCURRENT POWERS:
POWERS THAT ARE SHARED BY BOTH THE FEDERAL AND STATE GOVERNMENTS.
INTRASTATE TRADE,
ESTABLISH SCHOOLS,
ESTABLISH LOCAL
GOVERNMENTS,
PASS STATEWIDE
LAWS (EX. SAFETY
BELT LAWS),
RUN ELECTIONS,
GRANT
PROFESSIONAL
CERTIFICATION,
MARRIAGE
REQUIRMENTS
POWER TO TAX,
MAINTAIN COURTS,
BORROW MONEY,
DEFINE CRIME AND PUNISHMENTS, CONDEMN PRIVATE PROPERTY

78. AMENDING THE CONSTITUTION ONE OF THE MOST IMPORTANT FEATURES OF THE CONSTITUTION IS THE ABILITY TO AMEND OR CHANGE THE DOCUMENT IN ORDER TO ADAPT IT TO CHANGING TIMES AND CONDITIONS. AMENDING THE CONSTITUTION SHOULD RIGHTLY BE A DIFFICULT TASK, THERE ARE HOWEVER A FEW METHODS TO ACCOMPLISHING THESE SIGNIFICANT CHANGES.

79. METHOD 1 AMENDMENT PROPOSED BY 2/3RDS VOTE IN EACH HOUSE OF CONGRESS    OR APPROVAL RATIFIED BY 3/4THS OF THE STATE LEGISLATURES AND APPROVAL RATIFIED BY CONSTITUTIONAL CONVENTIONS IN 3/4THS OF THE STATES

80. METHOD 2 AMENDMENT PROPOSED AT A NATIONAL CONSTITUTIONAL CONVENTION    OR APPROVAL RATIFIED BY 3/4THS OF THE STATE LEGISLATURES AND APPROVAL RATIFIED BY CONSTITUTIONAL CONVENTIONS IN 3/4THS OF THE STATES

81. SSUSH5: The student will explain specific events and key ideas that brought about the adoption and implementation of the United States Constitution. SSUSH5d. Analyze how the Bill of Rights serves as a protector of individual and states’ rights. SSCG6: The student will demonstrate knowledge of civil liberties and civil rights. SSCG6a. Examine the Bill of Rights with emphasis on First Amendment freedoms. SSCG6b. Analyze due process law expressed in the 5th and 14th Amendments. SSCG6d. Explain how government seeks to maintain the balance between individual liberties and the public interest. SSCG6e. Explain every citizen’s right to be treated equally under the law.

82. Introduction of the US Constitution Preamble
Who’s involved: People of The US
Goal/Specifics: More perfect union, Justice, Peace, Common defense, Support business/commerce, Keep liberty and wealth forever
We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.

83. THE BILL OF RIGHTS THE MOST SIGNIFICANT AMENDMENTS TO THE CONSTITUTION ARE THE FIRST TEN, ALSO KNOWN AS THE BILL OF RIGHTS. THESE AMENDMENTS WERE ADDED TO THE CONSTITUTION AT THE INSISTENCE OF THE ANTI-FEDERALIST FORCES DURING THE DEBATES OVER RATIFICATION. THE FEAR OF A DOMINATING FEDERAL GOVERNMENT, SUCH AS THE COLONISTS HAD EXPERIENCED UNDER ENGLISH RULE, LED MANY TO DEMAND ASSURANCES THAT SPECIFIC RIGHTS AND LIBERTIES WERE GOING TO BE PROTECTED. IT IS THE BILL OF RIGHTS THAT STANDS TILL TODAY AS THE GREATEST GUARANTEE OF THESE RIGHTS AND LIBERTIES UPON WHICH AMERICA WAS FOUNDED. ALL OF THE AMENDMENTS IN THE BILL OF RIGHTS WERE ADOPTED TOGETHER IN 1791.
Bill of Right-Flocabulary

84. AMENDMENT 1: FREEDOMS FREEDOM OF RELIGION, FREEDOM OF PRESS, FREEDOM OF SPEECH, FREEDOM OF ASSEMBLY, SEPARATION OF CHURCH AND STATE (NO NATIONAL RELIGION) HISTORIC ROOT: THE ENGLISH GOV'T HAD SUPPRESSED SPEECH, ASSEMBLY AND PRESS RIGHTS IN AN ATTEMPT TO QUELL THE GROWING COLONIAL DISCONTENT. ADDITIONALLY, MANY EARLY SETTLERS (SUCH AS THE PILGRIMS) CAME TO AMERICA IN SEARCH OF RELIGIOUS FREEDOM. AMENDMENT 2: RIGHT TO KEEP AND BEAR ARMS HISTORIC ROOT: IN THE PERIOD PRIOR TO THE REVOLUTION, THE ENGLISH ATTEMPTED TO LIMIT MILITIA ACTIVITY, AS THEY RIGHTLY FEARED PREPARATIONS FOR A COMING REVOLUTION.

85. First Amendment Guarantees citizens' rights for: Freedom of speech
Freedom of the press
Freedom to petition the government
Freedom to assemble
Freedom of religion.

86. Guarantees the right to bear arms.
Second Amendment
Guarantees the right to bear arms.

87. AMENDMENT 3: NO QUARTERING OF TROOPS RIGHT TO PROTECTION FROM TROOPS BEING QUARTERED IN HOMES DURING PEACETIME. HISTORIC ROOT: THE QUARTERING ACT PASSED BY ENGLISH PARLIAMENT REQUIRED THE COLONISTS TO HOUSE AND FEED BRITISH TROOPS STATIONED IN THE COLONIES. AMENDMENT 4: SEARCH AND SEIZURE RIGHT AGAINST UNREASONABLE SEARCH AND SEIZURE WARRANTS REQUIRE CAUSE AND MUST BE SPECIFIC HISTORIC ROOT: BRITISH TROOPS OFTEN SEARCH HOUSES AND PROPERTY AT WILL, IN AN ATTEMPT TO SUPPRESS ORGANIZATIONS WORKING TOWARDS A REVOLUTION.

88. Third Amendment Restricts quartering (housing) of federal
troops in the homes of U.S. citizens.

89. Fourth Amendment Protects citizens against unreasonable
searches and seizures.

90. AMENDMENT 5: RIGHTS OF THE ACCUSED
AMENDMENT 5: RIGHTS OF THE ACCUSED **ACCUSED MUST BE INDICTED BY A GRAND JURY CANNOT BE TRIED FOR THE SAME CRIME TWICE (DOUBLE JEOPARDY) **CANNOT BE FORCED TO TESTIFY AGAINST YOURSELF **RIGHT TO A FAIR TRIAL WITH ALL PROPER LEGAL RIGHTS ENFORCED (DUE PROCESS) **RIGHT TO FAIR COMPENSATION ($$) WHEN THE GOV'T TAKES YOUR PROPERTY FOR PUBLIC USE (EMIENT DOMAIN) HISTORIC ROOT: MANY ACCUSED UNDER BRITISH LAW IN THE COLONIES, WERE JAILED WITHOUT BEING ACCUSED OF A CRIME. IT WAS ALSO NOT UNCOMMON FOR A PERSON IN THE COLONIES TO BE TRIED UNDER THE LAWS OF BRITAIN, WITHOUT REGARD TO THE LOCAL LAWS PASSED WITHIN THE COLONIES.

91. Fifth Amendment Ensures that no person shall be imprisoned or
deprived of their property without due process.
Double Jeopardy
A person cannot be tried for the same crime more than once.
Self-Incrimination
Defendants cannot be forced to testify against themselves in court.
Eminent domain
The government cannot take a citizen's property without paying "just compensation"

92. AMENDMENT 6: RIGHTS OF THE ACCUSED
AMENDMENT 6: RIGHTS OF THE ACCUSED **RIGHT TO BE INFORMED OF THE CHARGES AGAINST YOU **RIGHT TO A SPEEDY AND PUBLIC TRIAL **RIGHT TO AN IMPARTIAL JURY **RIGHT TO FACE WITNESSES AGAINST YOU IN COURT **RIGHT TO COUNSEL (A LAWYER) **RIGHT TO CALL WITNESSES IN YOUR DEFENSE HISTORIC ROOT: IN THE ERA PRIOR TO THE REVOLUTION, BRITISH COURTS COULD KEEP A SUSPECT IN JAIL WITHOUT ACCUSING HIM/HER OF A CRIME OR BRINGING THEM INTO A COURT OF LAW. MANY SUSPECTS SAT IN PRISON FOR YEARS AWAITING TRIAL, ONLY TO BE FOUND INNOCENT AN RELEASED.

93. Sixth Amendment The right to a public and speedy trial by jury:
Trial by jury simply means that a group of an
accused person's peers decides his or her guilt or innocence, rather than a single government
official.
This amendment also guarantees the right to legal representation (a lawyer) and the right to call and confront witnesses.

94. AMENDMENT 7: RIGHTS IN A  CIVIL CASE RIGHT TO A TRIAL BY JURY IN A CIVIL CASE (NON-CRIMINAL CASE) HISTORIC ROOT: THIS PROVISION PROTECTED THE IDEA OF TRIAL BY JURY (A FUNDAMENTAL NOTION IN BOTH ENGLISH AND AMERICAN LAW) AND EXTENDED IT TO ALL CASES PRIVATE OR PUBLIC. AMENDMENT 8: CRUEL AND UNUSUAL PUNISHMENT **RIGHT TO PROTECTION AGAINST CRUEL AND UNUSUAL PUNISHMENT **RIGHT TO PROTECTION AGAINST EXCESSIVE BAILS AND FINES HISTORIC ROOT: EVEN GIVEN THAT ENGLISH LAWS APPLIED TO THE COLONIES, ENGLISH RUN COLONIAL COURTS DID NOT ENFORCE THE LAW EVENLY OR FAIRLY IN THE EYES OF MANY. EXCESSIVE FINES WERE LEVIED FOR SMALL OFFENSES AND EXTENDED SENTENCES WERE GIVEN COLONISTS PERCEIVED AS THREATS FOR EVEN THE MOST MINOR OFFENSES.

95. Seventh Amendment
Right to a trial by jury to civil cases as well (i.e.,
when one person sues another for money).

96. Eighth Amendment Prohibits the government from imposing excessive
bail or fines.
Bail- Money an arrested person must pay to get
out of jail until the date of his/her trial.
Fines- Amounts of money imposed as punishment
for a crime one has been found guilty.

97. AMENDMENT 9: UNENUMERATED RIGHTS GUARANTEE THAT RIGHTS NOT ENUMERATED (LISTED) IN THE CONSTITUTION ARE STILL PROTECTED HISTORIC ROOT: THE FOUNDING FATHERS WANTED TO BE CERTAIN THAT RIGHTS ARTICULATED IN THE BILL OF RIGHTS WERE NOT THOUGHT TO BE THE ONLY POSSIBLE RIGHTS. AMENDMENT 10: RESERVED RIGHTS GUARANTEE THAT THE PEOPLE AND THE STATES HAVE ALL OF THE POWERS NOT SPECIFICALLY DELEGATED THE FEDERAL GOVERNMENT (RESERVED POWERS) HISTORIC ROOT: MANY OF THE FOUNDING FATHERS FEARED THE DOMINATION OF THE PEOPLE AND THE STATES BY A POWERFUL FEDERAL GOVERNMENT. TO INSURE THE CONTAINMENT OF THIS POWER, PEOPLE AND STATES ARE GRANTED ALL THE POWERS THAT THE FEDERAL GOVERNMENT IS NOT.

98. Ninth Amendment States that the rights specifically mentioned
in the Bill of Rights are not necessarily the
only ones enjoyed by the people.

99. Tenth Amendment Those powers not restricted by the Constitution,
nor delegated to the US government, are
reserved for the states.

100. Questions for Review 1. The Tenth Amendment is confirming the “Founding Fathers” dedication to the principle of A. Suffrage C. Federalism B. Checks and Balances D. Popular Sovereignty The First Amendment establishes the people’s right to A. Vote C. Criticize the government B. Due process D. Raise a militia The Seventh Amendment requires that most people accused of civil crimes be given a A. Speedy trial C. Jury trial B. Lawyer D. Equal protection under the law The Fourth Amendment requires police provide a ______________ to obtain a search warrant. A. Good reason C. Written accusation B. Police report D. Witness
C. Federalism
C. Criticize the government
C. Jury trial
A. Good reason

101. Questions for Review 5. The Eighth Amendment says that bails, fines, and punishments for crimes cannot be A. Delayed C. Timely B. Unfair or cruel D. Under the law The Second Amendment establishes the people’s right to A. Own a gun C. Criticize the government B. Serve different religions D. Request a jury trial 7. The Fifth Amendment guarantees that the government cannot take private property for its own use without A. Fair payment C. The owner’s agreement B. Approval of Mayor D. Consent The Fourteenth Amendment requires that states give all people A. The right to vote C. An income tax B. Equal protection under the law D. The weather channel
B. Unfair or cruel
A. Own a gun
A. Fair payment
B. Equal protection under the law

102. Other Key Amendments
14th-Equal protection under the law for all persons born in the United States
15th-Gave African American males voting rights
17th –Direct election of Senators
19th –Gave women voting rights
24th –Abolished the poll tax
26th –Extended voting rights to 18 year olds

103. AMENDMENT 11: STATE IMMUNITY (1795) LIMITS THE ABILITY OF A PERSON TO SUE A STATE ALLOWS A PERSON TO SUE IF A STATE DENIES THEIR RIGHTS HISTORIC ROOT: THE JUDICIAL SYSTEM WAS LEFT UP TO CONGRESS TO CREATE. AS THIS WAS DONE, CLARIFICATION WAS NEEDED.

104. AMENDMENT 12: ELECTION OF PRESIDENT AND VICE PRESIDENT
AMENDMENT 12: ELECTION OF PRESIDENT AND VICE PRESIDENT. (1804) ELECTORS TO THE ELECTORAL COLLEGE ARE TO CAST ONE VOTE FOR PRESIDENT AND SEPARATE VOTE FOR VICE PRESIDENT THE HOUSE ELECTS THE PRESIDENT OF NO CANDIDATE GETS AN ELECTORAL MAJORITY (EACH STATE W/ 1 VOTE) THE SENATE ELECTS THE VICE PRESIDENT OF NO CANDIDATE GETS AN ELECTORAL MAJORITY HISTORIC ROOT: IN THE ELECTION OF 1800, CONFUSION IN THE ELECTORAL COLLEGE RESULTED FROM THE REQUIREMENT THAT THE RUNNER-UP FOR PRESIDENT BECOME PRESIDENT. FURTHER CONFUSING WAS THE FACT THAT ELECTORS COULD CAST VOTES FOR VICE PRESIDENTIAL CANDIDATES FOR PRESIDENT. THE FINAL RESULT WAS THE ELECTION OF THOMAS JEFFERSON AND THE 12TH AMENDMENT.

105. CIVIL WAR AMENDMENTS AMENDMENT 13: ABOLITION OF SLAVERY (1865) SLAVERY IS ILLEGAL HISTORIC ROOT: THE END OF THE CIVIL WAR SAW A SERIES OF THREE AMENDMENTS DESIGNED TO GRANT GREATER EQUALITY TO FORMER SLAVES. AMENDMENT 14: EQUAL PROTECTION UNDER THE LAW (1868) DECLARES THAT ALL CITIZENS ARE GUARANTEED EQUAL TREATMENT AND PROTECTION UNDER THE LAW; BARS FORMER CONFEDERATES FROM HOLDING OFFICE; DECLARES CONFEDERATE DEBT NULL AND VOID HISTORIC ROOT: THIS HAS PROVEN ONE OF THE MOST SIGNIFICANT AMENDMENTS OUTSIDE THE BILL OF RIGHTS. EQUAL PROTECTION IS THE BASIS FOR ALL MODERN CIVIL RIGHTS LAWS, DISABILITY ACTS AND OTHER ACTIONS DESIGNED TO PROTECT MINORITY RIGHTS.

106. AMENDMENT 15: RIGHT TO VOTE (1870) INSURES BLACK MALES THE RIGHT TO VOTE HISTORIC ROOT: DESPITE THIS AMENDMENT, POLL TAXES AND LITERACY TESTS WOULD ATTEMPT TO DENY BLACK MALES VOTING RIGHTS IN THE SOUTHERN STATES FOR NEARLY 100 YEARS.

107. AMENDMENT 16: INCOME TAX (1913) GRANTS CONGRESS THE POWER TO COLLECT TAXES ON INCOME MONEY COLLECTED DOES NOT HAVE TO BE REAPPORTIONED TO STATES BASED ON POPULATION HISTORIC ROOT: THE POPULISTS HAD LONG FOUGHT FOR THE TAXATION IF INCOME AS A WAY OF LEVELING OUT THE GREAT ECONOMIC DISPARITY BETWEEN RICH AND POOR THAT DEVELOPED DURING THE GILDED AGE. AMENDMENT 17: DIRECT ELECTION OF SENATORS (1913) SENATORS ARE TO BE ELECTED BY THE PEOPLE HISTORIC ROOT: THE ORIGINAL CONSTITUTION PROVIDED FOR SENATORS TO BE ELECTED BY STATE LEGISLATURES. THIS WAS A POPULIST CAUSE, DESIGNED TO INCREASE PEOPLE'S PARTICIPATION IN GOVERNMENT.

108. AMENDMENT 18: PROHIBITION (1919) THE SALE, MAKING OR TRANSPORTATION OF ALCOHOL IS ILLEGAL HISTORIC ROOT: THE TEMPERANCE MOVEMENT HAD GAINED SUPPORT IN THE RURAL AREAS OF THE NATION, SOMEWHAT IN REACTION TO THE GROWTH OF URBAN AREAS AND THE TEMPTATIONS CITIES BROUGHT. THIS WAS REPEALED (OVERTURNED) BY THE PASSAGE OF THE 21ST AMENDMENT. AMENDMENT 19: WOMEN'S SUFFRAGE (1920) WOMEN ARE GRANTED THE RIGHT TO VOTE HISTORIC ROOT: WOMEN SUCH AS SUSAN B. ANTHONY (FOR WHOM THE AMENDMENT WAS NAMED) FOUGHT FOR A VOTING RIGHT AMENDMENT FOR OVER 40+ YEARS.

109. AMENDMENT 20: PRESIDENTIAL INAUGURATION (1933) PRESIDENT AND VICE PRESIDENT ARE SWORN INTO OFFICE ON JAN. 20TH (MOVED FROM MARCH 4TH) HISTORIC ROOT: DURING THE HEART OF THE DEPRESSION VOTERS CHOSE THE NEW DEAL POLICIES OF FDR OVER THE POLICIES OF THEN PRESIDENT HOOVER. THE ELECTION OCCURRED IN NOVEMBER, BUT PRESIDENTIAL TERMS BEGAN IN MARCH OF THE NEXT YEAR. AS A RESULT NEARLY 5 MONTHS WENT BY DURING WHICH THE "LAME DUCK" PRESIDENCY OF HOOVER DID LITTLE TO ALLEVIATE THE SUFFERING OF THE GREAT DEPRESSION. THIS AMENDMENT SHORTENS THE "LAME DUCK" TIME BY MOVING INAUGURATION UP BY 2 MONTHS.

110. AMENDMENT 21: REPEAL OF PROHIBITION (1933) THE 18TH AMENDMENT (PROHIBITION) IS REPEALED ALCOHOL IS AGAIN LEGAL HISTORIC ROOT: PROHIBITION WAS REGARDED AS A HUGE FAILURE. BOOTLEGGING AND SPEAKEASIES ALLOWED LIQUOR TO FLOW FREELY, AND CREATED A HUGE NETWORK OF ORGANIZED CRIME. MANY FEARED DISRESPECT FOR THE PROHIBITION LAWS WOULD CAUSE DISRESPECT FOR ALL LAW, AND THE 18TH AMENDMENT WAS REVOKED. AMENDMENT 22: PRESIDENTIAL TERM LIMITS (1951) NO PERSON MAY SERVE AS PRESIDENT MORE THAN TWICE HISTORIC ROOT: GEORGE WASHINGTON HAD SENT THE PRECEDENT OF TWO TERMS. ALL OTHER PRESIDENTS CONTINUED TO SERVE NO MORE THAN TWO TERMS, UP UNTIL FDR WAS ELECTED A RECORD FOUR TIMES. AFTER HIS ADMINISTRATION ENDED, THERE WAS WIDESPREAD SUPPORT FOR A FORMAL LIMIT ON PRESIDENTIAL TERMS.

111. AMENDMENT 23: VOTING IN WASHINGTON D. C. (1961) GRANTS WASHINGTON D. C
AMENDMENT 23: VOTING IN WASHINGTON D.C. (1961) GRANTS WASHINGTON D.C. 3 ELECTORS TO THE ELECTORAL COLLEGE HISTORIC ROOT: RESIDENTS OF THE CAPITOL DID NOT HAVE ANY POLITICAL VOICE IN FEDERAL GOVERNMENT. THIS AMENDMENT GRANTS THEM THE MINIMUM NUMBER OF ELECTORS. TO TODAY WASHINGTON D.C. HAS NO SENATORS OR REPS. TO THE HOUSE.  AMENDMENT 24: ABOLITION OF POLL TAXES (1964) POLL TAXES ARE ILLEGAL IN FEDERAL ELECTIONS HISTORIC ROOT: MANY SOUTHERN STATES HAD USED  POLL TAXES AND LITERACY TESTS TO LIMIT BLACK VOTING AFTER THE CIVIL WAR. LITERACY TESTS WERE ALREADY ILLEGAL BY THE 1960'S, BUT AN AMENDMENT WAS REQUIRED TO OUTLAW THE POLL TAX.

112. AMENDMENT 25: PRESIDENTIAL SUCCESSION (1967) ESTABLISHES A CLEARER SUCCESSION TO THE PRESIDENCY AND VICE PRESIDENCY HISTORIC ROOT: DURING THE ERA OF THE COLD WAR AND IN THE WAKE OF JFK'S ASSASSINATION, A CLEARER CHAIN OF ASCENSION TO THE NATIONS' HIGHEST OFFICES WAS NEEDED. AMENDMENT 26: VOTING AGE (1971) THE AGE OF ELIGIBILITY FOR VOTING IS LOWERED TO 18   HISTORIC ROOT: IN THE WAKE OF PROTESTS OVER THE VIETNAM WAR, A FUNDAMENTAL HYPOCRISY IN THE AMERICAN VOTING SYSTEM BECAME CLEAR. 18 YEAR-OLDS COULD BE DRAFTED AND FORCED TO FIGHT IN WAR, BUT COULD NOT CAST A VOTE FOR THE POLITICIANS WHO WERE DETERMINING THEIR FATE.

113. AMENDMENT 27: CONGRESSIONAL PAY RAISES (1992) CONGRESSIONAL PAY RAISES DO NOT TAKE EFFECT UNTIL AFTER THE NEXT CONGRESSIONAL ELECTION HISTORIC ROOT: THE PROCESS FOR THIS AMENDMENT WAS BEGUN IN THE 1790'S. IT KEEPS A CURRENT CONGRESS FROM RAISING THEIR OWN PAY.

114. THE UNWRITTEN CONSTITUTION THE "UNWRITTEN CONSTITUTION" REFERS TO THE IDEAS AND PROCESSES THAT ARE ACCEPTED AS A NEEDED PART OF AMERICAN GOVERNMENT, REGARDLESS OF THE FACT THAT THEY ARE NOT ACTUALLY IN THE CONSTITUTION. THESE IDEAS AND PROCESSES CAME ABOUT THROUGH THE CUSTOM AND PRECEDENT. MANY ASPECTS OF THE UNWRITTEN CONSTITUTION ARE SO INGRAINED INTO OUR SYSTEM THAT MANY DO NOT EVEN REALIZE THAT THEY ARE NOT LAWS OR PROVISIONS OF THE CONSTITUTION PRESIDENT'S CABINET GEORGE WASHINGTON WAS THE FIRST TO HAVE A CABINET OF ADVISORS TO AID HIM IN MAKING DECISIONS FOR THE NATION. TODAY, THE PRESIDENT'S CABINET CONSISTS OF THE SECRETARIES/HEADS OF THE 14 MAJOR DEPARTMENTS OF THE EXECUTIVE BRANCH (A FEW EXAMPLES INCLUDE:  THE ATTORNEY GENERAL OF THE JUSTICE DEPARTMENT, THE SECRETARY OF DEFENSE OF THE DEFENSE DEPARTMENT AND THE SECRETARY OF STATE OF THE STATE DEPARTMENT).

115. POLITICAL PARTIES POLITICAL PARTIES ARE AS OLD AS THE CONSTITUTION ITSELF, HOWEVER THE DOCUMENT MAKES NO RULES TO GOVERN THEM. THE FIRST POLITICAL PARTIES AROSE FROM THE DEBATES OVER CONSTITUTIONAL RATIFICATION (THE FEDERALISTS PARTY LEAD BY ALEXANDER HAMILTON AND THE DEMOCRATIC-REPUBLICANS HEADED BY THOMAS JEFFERSON). IT QUICKLY BECAME CLEAR THAT POLITICAL PARTIES WERE TO BE THE MAJOR FORCES IN SHAPING AMERICAN POLITICS AND BY NECESSITY RULES AND LAWS WERE ESTABLISHED FOR THEIR REGULATION, WITH NO BASIS IN THE CONSTITUTION.