Citizenship and the Constitution

9.1 Understanding the Constitution

The Federal System

• REPRESENTATIVE DEMOCRACY– Leaders who are chosen by the people

• DELEGATED POWERS– Granted powers

• ELASTIC CLAUSE– Congress can stretch its power to address unexpected issues

• RESERVED POWERS– Power held by the state governments such as holding local

elections and education

• CONCURRENT POWERS– Shared powers such as taxing, borrowing money, and enforcing

laws.

The Three Branches

• LEGISLATIVE BRANCH– They make the laws

• HOUSE OF REPRESENTATIVES– Consists of 435 members– Representatives are based on population– A CENSUS, or population count is taken every 10 years.– Members are elected every two years– You must be at least 25 years old, live in the state, and

be a US citizen for 7 years.

The Three Branches

• SENATE– Consists of 100 members, two from each

state– Members are elected every 6 years– You must be at least 30 years old, live in the

state, and be a US citizen for 9 years

• THERE IS NO LIMIT TO HOW MANY TIMES YOU MAY BE ELECTED TO

CONGRESS.

The Three Branches

• The majority party had the most members in each house

• The minority party has less• SPEAKER OF THE HOUSE- runs the house• VICE PRESIDENT runs the Senate and cannot

vote except for in a tie• Congress is divided into COMMITTEES that

specialize in certain types of laws• Congress begins its meeting each year in the

first week of January.

The Three Branches

• THE EXECUTIVE BRANCH– This branch enforces the law– To become president, you must be native born, a US citizen, at

least 35 years old and have lived in the US for the last 14 years. It is the same for the Vice President

– Elections are held every 4 years– The president is limited to 2 terms or 10 years– The vice president may take over for the president

• IMPEACHMENT– The house of reps. Can vote to bring charges against the

president– Congress may remove him form office.

Working with Congress

• The President Must be Able to work with Congress– VETO

• President may cancel a law that Congress passes• Congress needs 2/3 majority to override the veto

– EXECUTIVE ORDER• Presidents can stretch this power in an emergency• This has the power of law• It may deal with the constitution, treaties, or laws.

Working with Congress

• PARDON– President may grant freedom from punishment to

persons facing criminal charges

• CABINET– Selected officials who advise the president of

important matters– 14 departments handle most of the executive

branch’s work– The president has the power to send US troops, but

only Congress can declare war

The Three Branches

• JUDICIAL BRANCH– It interprets the law– A Federal court may strike down any state law

found to be unconstitutional– The president makes all appointments to

federal courts– Appointment are for life– Each state has at least on federal court to

handle federal cases.

The Supreme Court

• Thousands of cases are sent to be heard, but the S.C. only hears about 100 per year

• Cases that are heard usually deal with the constitution or great public interest issues

• Congress decided how many justices sit on the court

• It usually is 9• All of the justices have been attorney, but

do not have to be

Supreme Court

• THURGOOD MARSHALL (1967)– First African American Justice

• SANDRA DAY O’CONNOR– First female Justice (1981)

Citizenship and the Constitution

9.2 The Bill of Rights

The First Amendment

• The most basic rights of citizens• Freedom of religion, press, speech, assembly,

and petition-make a request to government• RELGIONS

– The govt cannot favor any religion over another.– We have no official state religion

• SPEECH– The Constitution does not allow slander or anything

that endangers public safety.

The First Amendment

• PRESS– You have the right to express ideas and views

• ASSEMBLY– Groups may gather as long as they are legal

and peaceful

• PETITION– Allows Americans to show their dissatisfaction

with a law or suggest new laws

Protecting Citizens

• 2nd Amendment – allows for a state militia or National Guard– It also allows to bear arms

• 3rd Amendment– Keeps the military form forcing citizens to provide

housing

• 4th amendment– Rules against “illegal search and seizure” – SEARCH WARRANTS

• Are needed to look through someone's property.

Protecting the Citizens

• 5th Amendment– Deals with DUE PROCESS (fair law)– Must be accused of a crime– You also may please the “5th” and not testify against

yourself– Govt can also take your land as long as you receive a

fair price.

• 6th Amendment

– Calls fro a quick public trial– You may also have an attorney

Protecting Citizens

• 7th amendment– Allows juries to decide civil cases– Deputes over money or property

• 8th Amendment– Allows for defendants to post bail– Also bans “cruel and unusual punishment”

• 9th Amendment– Protects other basic rights not listed in the constitution

• 10th amendment– Say that states have rights and powers not listed in

the constitution.

Amending the Constitution

• An amendment may be proposed by a 2/3 vote in each house

• It must be ratified by ¾ of the states

• An amendment may also be proposed by 2/3 of the state legislatures at a National Convention

• It must be ratified by ¾ of the states.

Citizenship and the Constitution

9.3 Rights and Responsibilities of Citizenship

Becoming a US Citizen

• A person born in the US or a territory is a citizen• NATURALIZED CITIZEN

– People born in a foreign country and have one US parent– They must move to the US to become a citizen– They can lose their citizenship

• IMMIGRANTS– People who move permanently to a new country– They can apply for naturalization after living in the US for 5 years– Also must be at least 18 years old and pass several tests– Finally they must go before a naturalization court an take an

oath of allegiance

Duties of Citizens

• For a democracy to work, citizens must fulfill their civic responsibilities

• We elect our leaders and those leaders make our laws

• We must know the laws and how they affect us• We are obligated to respect those in authority• Good citizen pay taxes• Tax day is April 15 every year• Taxes pay for public services

Duties of Citizens

• Citizens also protect and defend the nation from harm• DRAFT

– Men must register at age 18– This gives the government a list of men for war

• Citizens are called for jury duty• They also testify in court• Our voice are head through POLITICAL ACTION

COMMITTEES- groups get money to help candidates who support certain issues

• Citizens are committed helping others.• Some examples are the American Red Cross,

neighborhood watches, Habitat for Humanity, and the Boy and Girl scouts.