Transcript Citizenship Handbook

Citizenship Handbook
Ideas behind the
Constitution
1
Ancient Rome
• Republic- government in which
citizens rule themselves
through elected representatives
• Founding fathers admire
independent thinking and public
service
2
Fall of Rome
• Dictatorship- where an
individual or small group holds
complete control
• Result of citizens valuing
comfort and luxury over
freedom
• Build a system of informed and
independent citizens
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INFLUENCE OF TWO
IMPORTANT BRITISH
DOCUMENTS
• Magna Carta 1215 and Bill of Rights
1689 create a tradition of Liberty
• CITIZENS HAVE RIGHTS WHICH
GOVERNMENT MUST PROTECT
• EVEN THE HEAD OF GOVERNMENT
MUST FOLLOW THE LAW
• TAXES CANNOT BE RAISED
WITHOUT THE CONSENT OF THE
PEOPLE
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• ELECTIONS SHOULD BE HELD
FREQUENTLY
• PEOPLE ACCUSED OF CRIMES
HAVE THE RIGHT TO TRIAL BY
JURY AND HABEUS CORPUS
MEANING NO ONE MAY BE
HELD IN PRISONWITHOUT
BEING CHARGED WITH A CRIME
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• PEOPLE HAVE THE RIGHT TO
PRIVATE PROPERTY OR
PROPERTY OWNED BY AN
INDIVIDUAL
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Teachings of the
Enlightenment
• John Locke- Two Treatise of
Government :
• every individual has natural
rights to life, liberty and
property
• Government is an agreement
between ruler and ruled
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Locke con’t
• If a ruler violates those rights
the people have the right to
rebel
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Baron de Montesquieu
• Separation of powers
• The idea that powers of
government must be clearly
defined and divided into the
legislative, executive and
judicial branch
• Prevents any person or group
from being too powerful
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Representative traditions
• Pilgrims – Mayflower compact
• Virginia House of Burgesses
• Colonies charters identified
powers of government and had
limitations
• Constitution identifies
complaints in the Declaration of
Independance
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Structure of the
Constitution
• Preamble- “We the people of the
United States of America”
• Shows the authority of the
government comes from the
people
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GOALS
• Form a
more
perfect
union
All states should
work together as a
unified nation
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• To
establish
justice
Everyone should be
treated equally and
fairly under the law
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• To ensure
domestic
tranquility
The government has the
responsibility to ensure
peace and tranquility at
home
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• To
provide
for the
common
defense
The government has the
responsibility to protect
its citizens from foreign
attack
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• To
promote
the
general
welfare
The government has
the responsibility to
promote the well
being of all its
citizens
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• To secure
the
blessings
of liberty
The government should
value and protect the
rights of its citizens
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Articles
• Main Body is divided into seven
sections called articles
• Article I- powers and limits of
congress
• Article II- powers and limits of
president
• Article III- powers and limits of
courts
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• Article IV- relations between
states- requires states to honor
on another’s laws and a system
for admitting states
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• Article V- Process to Amend the
Constitution
• Article VI- Constitution is
Supreme Law of the Land ;State
laws must follow constitution
• Article VII- procedure for
ratification of Constitution
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Amendments
• Additions or formal changes to
the constitution
• One repealed or cancelled
• 27 Amendments
• 1st ten Were Bill of Rights added
in 1791
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Seven Principles of the Constitution
• Popular sovereignty- people are
the source of governments
authority
• Limited governmentGovernment only has the power
the constitution gives it everyone must obey the law
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• Separation of power between
the three branches
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Legislative Branch
• The U.S. Congress is made up of two parts, the House of
Representatives and the Senate. Congress meets at the
U.S. Capitol in Washington, D.C. Its primary duty is to
write, debate, and pass bills, which are then passed on to
the President for approval.
• Override presidents veto
• Makes laws controlling trade between states and
between the United States and other countries.
• Raises and supports armed forces
• Approves treaties
• Approves the making of money.
• Can declare war on other countries.
• Impeach and remove PRESIDENT AND OTHER OFFICIALS
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Executive Branch
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Carries out the laws
Proposes laws
Can veto laws
Negotiate foreign treaties
Commander and chief of armed forces
Appoints ambassadors, federal judges and
other high officials
• Can grant pardons to federal offenders
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Judicial Branch
• Interprets the law
• Can declare laws
unconstitutional
• Can declare executive actions
unconstitutional
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Checks and Balances
– Each branch of government has the
power to check or limit the actions of
the other two
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Legislative checks
• On executive
• Override veto
• Confirms executive
appointments
• Ratifies treaties
• Can declare war
• Appropriates money
• Can impeach and
remove president
On judicial
Creates lower courts
Can impeach and remove judges
Can propose amendments to
overrule judicial decisions
Approves appointments of federal
judges
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Executive Checks
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On legislative
Can propose laws
Can veto laws
Can call special
sessions of congress
• Makes appointments
• Negotiates foreign
treaties
On Judicial
Appoints federal judges
Can grant pardons to
federal offenders
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Judicial checks
• On Executive
• Can declare
executive
actions
unconstitutional
On Legislative
Can declare laws
unconstitutional
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Federalism
• Division of power between the
federal government and states
• Specific powers are granted to the
federal government and all others
belong to the states
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Republicanism
• Elected representatives carry
out the will of the people
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Individual rights
• Constitution protects individual
rights/basic freedoms
• To be reviewed in Bill of Rights
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How the Government
Works
• Senate- based on equal
representation
• 2 per state
• 6 year terms
• Age 30, citizen 9 yrs , resident of
state
• Vice president is president of
senate- votes only in a tie
• President pro-tem of senate (Party
Leader)
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• House of Representatives
• Representation based on population :
435 members + 3 from DC
• At least 1 representative
• Elected by people for 2 yr term
• Age 25 , citizen 7 yrs and resident of
state
• Leader is speaker of house elected
by the members / duty is toregulate
debates and control agenda
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Congressional Committees
• Committees deal with specific
subjects
• Based on seniority and
controlling party
• Defense, education, taxation,
foreign affairs, agriculture
science (23 in house and 17 in
senate)
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How the gov’t works
Executive Branch
• President, vice president, cabinet
• Powers of President
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Proposes laws
Can veto laws
Negotiate foreign treaties
Commander and chief of armed forces
Appoints ambassadors, federal judges and
other high officials
• Can grant pardons to federal offenders
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ELECTING A PRESIDENT
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4 YR TERM
MAX 2 TERMS OR 10 YEARS
Age 35
Natural Born Citizen
Resident for 14 years
Video
http://articleii.org/video_intros.h
tml
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Process of election
• Electoral College
• Voters vote for a slate of electors who
pledge for a candidate
• Number of electors based on senators and
representatives
• In most states all votes go for the
candidate with the majority of votes
• Electors meet and vote for a president
• Candidate with the majority of electoral
votes becomes president
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Electoral College
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Judicial Branch
Lower Courts
• Judiciary act of 1789
• Most cases begin in District Courts
• Appeals to Appellate Court for
review
• Decide whether judges have applied
and interpreted laws correctly
• State or federal Jurisdiction- right to
hear or decide a case
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Federal Jurisdiction
• United States is suing another
party or being sued by another
party
• The case is based on federal
law or the Constitution
• The case involves disputes
between two states
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Supreme Court
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Chief Justice and 8 Justices
Appointed by President
Approved by Congress
Serve until they retire, resign or
die
• May be Impeached and removed
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Main responsibility
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Final Court of Appeals
Majority rules 5/9
Opinion is written by both sides
Most important power is Judicial
Review –determine whether a law is
unconstitutional
• As established under Marbury vs
Madison 1803
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William Marbury Vs James Madison
John Marshall
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1803 Marbury vs Madison
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In this landmark decision, the Supreme Court stated that it was
the final arbiter of the Constitution of the United States. This
power ultimately established the Supreme Court as a co-equal
branch of the government. In the 1800 election, the Federalists
lost both the Presidency and control of the Congress. The
Federalists passed the Judiciary Act of 1801, in the final months
during which they still maintained control of Congress. This
Judiciary Act created 6 circuit courts and 16 new judgeships,
along with a number of other judicial appointments.
William Marbury was one of the people appointed to a judgeship
in the last days of Federalist power. He was appointed a justice
of the peace for the District of Columbia. His commission,
however, was never delivered. When Jefferson became
President, he instructed Secretary of State Madison not to
deliver the commission.
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Marbury sued. The Supreme Court, under the leadership of Chief
Justice Marshall, faced a dilemma. If it ruled in favor of Marbury,
it would no doubt be defied by the administration. If it ruled
against Marbury, however, it would be admitting that the Court
had no power.
Marshall found the political middle. He ruled against Marbury on
a technicality. On the other hand, he ruled that the judiciary had
the right and responsibility to decide what was and what was
not constitutional.
In subsequent decisions under Marshall's leadership, the Court
assumed its position as a branch of the government co-equal
with the executive and legislative branches. In Fletcher v. Peck,
the Court struck down a Georgia law as unconstitutional. In the
decision of Martin v. Hunter Lessee, it denied the claim of the
Virginia judiciary that it was not subject to the authority of the
federal judiciary.
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Amending the Constitution
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Amendments
• Amendment I Congress shall make
no law respecting an establishment
of religion, or prohibiting the free
exercise thereof; or abridging the
freedom of speech, or of the press;
or the right of the people peaceably
to assemble, and to petition the
Government for a redress of
grievances.
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• Amendment II
• 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.
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• Amendment III No Soldier shall,
in time of peace be quartered in
any house, without the consent
of the Owner, nor in time of war,
but in a manner to be
prescribed by law.
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• Amendment IV The right of the
people to be secure in their persons,
houses, papers, and effects, against
unreasonable searches and seizures,
shall not be violated, and no
Warrants shall issue, but upon
probable cause, supported by Oath
or affirmation, and particularly
describing the place to be searched,
and the persons or things to be
seized.
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• Amendment V No person shall be held to answer for
a capital, or otherwise infamous crime, unless on a
presentment or indictment of a Grand Jury, except
in cases arising in the land or naval forces, or in the
Militia, when in actual service in time of War or
public danger; nor shall any person be subject for
the same offence to be twice put in jeopardy of life
or limb; nor shall be compelled in any criminal case
to be a witness against himself, nor be deprived of
life, liberty, or property, without due process of law;
nor shall private property be taken for public use,
without just compensation.
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• Amendment VI In all criminal prosecutions,
the accused shall enjoy the right to a
speedy and public trial, by an impartial jury
of the State and district wherein the crime
shall have been committed, which district
shall have been previously ascertained by
law, and to be informed of the nature and
cause of the accusation; to be confronted
with the witnesses against him; to have
compulsory process for obtaining
witnesses in his favor, and to have the
Assistance of Counsel for his defense.
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• Amendment VII In Suits at common
law, where the value in controversy
shall exceed twenty dollars, the
right of trial by jury shall be
preserved, and no fact tried by a
jury, shall be otherwise re-examined
in any Court of the United States,
than according to the rules of the
common law.
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• Amendment VIII
• Excessive bail shall not be
required, nor excessive fines
imposed, nor cruel and unusual
punishments inflicted.
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• Amendment IX The enumeration
in the Constitution, of certain
rights, shall not be construed to
deny or disparage others
retained by the people.
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• Amendment X The powers not
delegated to the United States
by the Constitution, nor
prohibited by it to the States,
are reserved to the States
respectively, or to the people.
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AMENDMENT XI
• Immunity of states from suits
from out-of-state citizens and
foreigners not living within the
state borders. Lays the
foundation for sovereign
immunity
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Amendment XII
• Provides for each elector to
cast one vote for President and
one vote for Vice President. It
also specifies how a President
and Vice President are elected
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Amendment XIII
• Abolishes slavery and
involuntary servitude, except as
punishment for a crime
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Amendment XIV
• Defines citizenship and deals
with civil war issues
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Amendment XV
• Prohibits the denial of suffrage
based on race, color, or
previous condition of servitude
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Amendment XVI
• Allows the federal government
to collect income tax
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Amendment XVII
• Requires senators to be directly
elected
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Amendment XVIII
• Establishes Prohibition of
Alcohol (Repealed by Twenty
first amendment
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Amendment XIX
• Establishes Women’s Suffrage
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Amendment XX
• Fixes the dates of term
commencements for Congress
(January 3) and the President
(January 20); known as the
“lame duck amendment"
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Amendment XXI
• Repeals the Eighteenth
Amendment
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Amendment XXII
• Limits the president to two
terms, or a maximum of 10
years (i.e., if a Vice President
serves not more than one half
of a President's term, he can be
elected to a further two terms)
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Amendment XXIII
• Provides for representation of
Washington DC in the Electoral
College
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Amendment XXIV
• Prohibits the revocation of
voting rights due to the nonpayment of poll taxes
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Amendment XXV
• Codifies the Tyler precedent;
defines the process of
presidential succession
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Prior to the ratification of the 25th Amendment in 1967, there was no provision for filling a vacancy in
the vice presidency. When a president died in office, the vice president succeeded him, and the vice
presidency then remained vacant. The first vice president to take office under the new procedure was
Gerald Ford, who was nominated by Nixon on Oct. 12, 1973, and confirmed by Congress the following
Dec. 6.
The Vice President Joseph Biden
Speaker of the House John Boehner
President pro tempore of the Senate1 Daniel Inouye
Secretary of State Hillary Rodham Clinton
Secretary of the Treasury Timothy Geithner
Secretary of Defense Leon Panetta
Attorney General Eric Holder
Secretary of the Interior Ken Salazar
Secretary of Agriculture Tom Vilsack
Secretary of Commerce Gary Locke
Secretary of Labor Hilda Solis
Secretary of Health and Human Services Kathleen Sebelius
Secretary of Housing and Urban Development Shaun Donovan
Secretary of Transportation Ray LaHood
Secretary of Energy Stephen Chu
Secretary of Education Arne Duncan
Secretary of Veterans Affairs Eric Shinseki
Secretary of Homeland Security Janet Napolitano
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Amendment XXVI
• Establishes 18 as the national
voting age
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Amendment XXVII
• Prevents laws affecting
Congressional salary from
taking effect until the beginning
of the next session of Congress
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Rights and responsibilities of Citizens
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Citizen- someone who is entitled to all the rights and privileges
of a particular nation
Requirements
1. Born in the US or have at least one parent who is a citizen
2. You were naturalized- the legal process of becoming a citizen5 yrs a legal resident
citizenship exam
Interview
oath
3. you were 18 yrs old or younger when your parents were
naturalized
http://www.history.com/shows/classroom/interactives/citi
zenship-quiz
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Rights and responsibilities
• Rights guaranteed by Bill of
Rights
• Not limited to those in
constitution
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Responsibilities
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Obey federal, state, and local laws
Pay their fair share of taxes
Serve on juries if called
Defend the nation if called
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Others not required by law
• Vote in federal, state, and local
elections
• Stay informed on important issues
• Serve the community
• Help to create a just society
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Interest groups
• Organization that represents
the concerns of a particular
group
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