Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
Constitution
Review Guide
Based on District
Constitution Blue Print
Target: The Significance of the following documents in
relationship to the Constitution. (2 Questions)
- Dec. of Independence - Articles of Confederation
• Declaration of • Articles of Confederation
Independence – 1st Constitution of the United
– Natural Rights: States
• “Life, Liberty and Pursuit…” – National Government proved to
• “All men are created EQUAL” be too WEAK
– Popular Sovereignty • Demonstrated need for a new
Constitution with a
• “Governments derived their STRONGER central Gov’t
just powers from the
CONSENT OF THE – States were equally
GOVERNED” represented in an Unicameral
– Social Contract Congress
• People can abolish any • Basis for New Jersey Plan
government that becomes • Constitution creates Senate
“DESTRUCTIVE” of the rights which has EQUAL
of the people representation from each state
(2 Senators—regardless of
population size)
Target: Analyze the weaknesses in the Articles of Confederation
and compare to the U.S. Constitution (1 Question)
--Perspectives of Federalists and Anti-Federalists/use of sources)
• Montesquieu:
– “Political liberty is to be found only in moderate
governments.” –(Limited Gov’t)
– Wrote that Gov’t should be divided up into Legislative,
Judicial, and Executive bodies which are independent and
equal in power to each other—(Separation of Powers)
• Rousseau:
– Consent of the Governed: Gov’ts derived their powers from
the people—(Popular Sovereignty)
– Inalienable Rights: Rights that cannot be taken away—
(Limited Government)
Target: The principles fundamental to American
constitutional democracy. (2 Questions)
-Limited Gov’t -Separation of Powers -Checks and Balances
• LIMITED GOVERNMENT:
– Gov’t is NOT all Powerful
– Rights are protected by Gov’t…cannot be taken away
• SEPARATION OF POWERS:
– Political power is not concentrated in the hands of one
person or office
• Legislative=Make Laws / Executive=Enforce Laws / Judicial=Interpret
Laws
• CHECKS AND BALANCES:
– Each branch of our Gov’t is subject to restraints placed on it
by the other two branches
– See next slide for chart…
Target: (Leg. Branch) Powers and functions of
the institutions of Gov’t (2 Questions)
• Checks and
Balances
Target: The principles fundamental to American
Constitutional democracy. (1 Question)
Rule of Law (Magna Carta)
• “No freeman is to be taken or imprisoned or disseised
of his free tenement or of his liberties or free customs,
or outlawed or exiled or in any way ruined, nor will we
go against such a man or send against him save by
lawful judgement of his peers or by the law of the land.
To no-one will we sell or deny of delay right or justice.”
- Taken from MAGNA CARTA
• Rule of Law: Concept that holds Gov’t its officers are
always subject to the law
• Due Process: The gov’t must act fairly and in accord
with established rules in all that it does.
Target: The framers adopted a federal system in which
power and responsibility are divided and shared
between a nat’l gov’t and state gov’ts. (1 Question)
• Federalism: Compromise
between a STRONG and
a weak National Gov’t
– EXCLUSIVE POWERS
• Powers held solely by
federal gov’t
– CONCURRENT POWERS
• Powers held by both
state and fed. gov’ts
– RESERVED POWERS
• Powers held only for
States
– DENIED POWERS
• Powers that are kept
from either state or fed.
gov’ts
Target: Aspects of American political culture, such as liberty,
equality, individualism, majority rule/minority rights, necessity of
compromise, diversity—political cartoon. (1 Question)
THE
CONSTITUTION
Acts of
Congress
and Treaties SUPREMACY
CLAUSE
State
“This Constitution, and the laws of the
Constitutions United States which shall be made in
Pursuance thereof; and all Treaties made,
State Laws or which shall be made, under the
authority of the United States, shall be
City and the SUPREME LAW OF THE LAND; and
County the Judges in every State shall be bound
Charters and thereby, any Thing in the Constitution or
Laws of any state to the Contrary
Ordinances notwithstanding.”
Target: Landmark Sup. Court decisions and
their implication and effects. (4 Questions)
• Marbury v. Madison:
– Establishment of Judicial Review…what is Judicial Review?
• McCullough v. Maryland:
– States are not allowed to tax the activities of the Federal
Gov’t
• Miranda v. Arizona:
– YOU HAVE THE RIGHT TO REMAIN SILENT, ANYTHING
YOU SAY CAN AND WILL BE USED AGAINST YOU IN A
COURT OF LAW, YOU HAVE THE RIGHT TO AN
ATTORNEY, IF YOU CANNOT AFFORD ONE…ONE WILL
BE APPOINTED FOR YOU.
CONTINUED FROM PREVIOUS SLIDE
• Plessy v. Ferguson:
– Separate but Equal is Constitutional and not in
violation of Equal Protection clause
– Becomes the basis for segregation
• Brown v. Board of Education:
– Overturned Plessy v. Ferguson…thus making
Segregation unconstitutional
• NJ v. TLO:
– Protection against search and seizure is reduced
within schools…why?
Target: Evaluate the expansion of democracy
and the changing role of government (1 Question)
• CONGRESS
– Bi-cameral: Two
Legislative Bodies
• SENATE:
– TWO from each State
Regardless of Population
• HOUSE:
– Apportionment based on
Population
– Roughly
700,000800,000 People
per district
– Minimum of ONE Rep. per
State (No Maximum)
Target: (Leg. Branch) The three branches of
gov’t operate according to and are limited by the
expressed powers (1 Question)
Target: (Leg. Branch) How a Bill becomes a Law.
(3 Questions)
CONTINUED FROM PREVIOUS SLIDE
Target: (Leg. Branch) Powers and functions of
the institutions of Gov’t—Leadership (1 Question)
Appellate Jurisdiction
Original Jurisdiction
Target: (Jud. Branch) The principles fundamental
to American Constitutional Democracy—Due
Process (1 Question)
• SUBSTANTIVE DUE PROCESS:
– Government must create fair policies and laws
• Example: THE GOVERNMENT CANNOT CREATE A LAW THAT
ESTABLISHES A STATE RELGION.
• Example: THE GOVERNMENT CANNOT CREATE A LAW THAT
REQUIRES PUNISHMENT BY ELECTRIC CHAIR FOR TRAFFIC
OFFENSES.
MEDIA
Influence