GED Social Studies Focus Sheet: Lesson 5

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1 CLN Televised Courses GED Preparation/Social Studies Nina Beegle, Instructor GED Social Studies Focus Sheet: Lesson 5 FOCUS: Results of the Revolutionary War Outcomes of victory: the effect on trade and culture The New American States: the need for a national government The Articles of Confederation The Constitution and the Bill of Rights The Branches of Government: system of checks and balances Formation of political parties SKILLS: Recognize the effects of this war and the impact, economical and political Evaluate and explain the meaning of a political cartoon Answer multiple choice questions correctly Put events in logical order Recognize differences between central and local government Application of Articles of Constitution to present day Identify the powers and limitations of branches of government MATERIALS: Contemporary s GED: Social Studies The Constitution, pp American Revolution Worksheet (Lesson 4) Constitution Handout Checks and Balances Handout SCANS Standards: Workplace Competencies Information: C5 - C8 Systems: C15, C16 Foundation Skills Basic Skills: F1 F6 SITE FACILITATOR TASKS: Encourage students to do writing assignments

2 CLN Televised Courses Lesson 5 GED Preparation/Social Studies Nina Beegle, Instructor GED Social Studies Checks and Balances In the United States, power is divided among the three branches of government. The Legislative Branch has the power to make law, the Executive Branch has the power to carry out the law, and the Judicial Branch has the power to judge the law. The government was designed this way so that each branch would act as a restraint on the power of the other branches of government. This system, which was written into the Constitution, is called the system of checks and balances, and was designed to ensure that no branch of the government became too powerful. Legislative Branch, or Congress Checks on Court: Provides money May impeach and remove federal judges Approves, or refuse to approve, judicial appointments Reorganizes court system Regulates jurisdiction of federal courts Can propose constitutional amendments to overturn court decisions Checks on President: May override the President s veto by a two-thirds vote Controls appropriation of money Can confirm or refuse to confirm presidential appointments Can approve or refuse to ratify treaties Reorganizes departments May impeach and remove the President Judicial Branch, or the Supreme Court Checks on Congress: Interpreting laws Interpreting treaties May declare laws passed by Congress as unconstitutional Checks on President: Interpreting treaties May declare executive acts unconstitutional Appointment for life makes judges free from executive control Executive Branch, or the President Checks on President: Appoints Supreme Court justice and other federal judges Can grant reprieves and pardons to federal offenders Checks on Congress: Can veto acts of Congress Can suggest legislation and send messages to Congress Can call special sessions of Congress Proposes federal budget Can control patronage

3 CLN Televised Courses GED Preparation/Social Studies Nina Beegle, Instructor GED Social Studies Lesson 5 Constitution of the United States PREAMBLE: ARTICLE I: 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 or Posterity, do ordain and establish this Constitution for the United States of America. Legislative Powers of Congress (House and Senate) Qualifications Vice President of the U.S. is President of Senate House s power of impeach Senate s power to try impeachments Immunity from arrest while in office All revenue bills must originate in House Veto power of president; Congress can override Specific Powers: to lay and collect taxes to borrow money to regulate commerce to regulate immigration to coin money to establish Post Offices to enact copyright laws to declare war: to raise, support and maintain an Army and Navy to make all laws necessary and proper Restrictions/Prohibitions Habeas Corpus shall not be suspended no Bill of Attainder nor Ex Post Facto Law no tax on interstate commerce limits States specific powers: restrictions ARTICLE II: Executive Power of President Term of Office/Electoral College Qualifications (natural born citizen) Oath of Office described Specific Powers: Commander in Chief of Army and Navy make treatises (with Senate consent) conduct foreign policy appoint federal officers and judges Grounds for removal

4 Lesson 5 Constitution, p. 2 ARTICLE III: Judicial Power of Supreme Court Judges appointed by President Hold office for life Original jurisdiction was very limited Appellate jurisdiction includes almost all cases Federal cases State cases (where there is federal or constitutional issue) ARTICLE IV: ARTICLE V: ARTICLE VI: Full faith and credit clause Privileges and immunities clause Extradition Admission of new states Amending Process (out of date) Constitution is the Supreme Law of the Land BILL OF RIGHTS: AMENDMENT I: AMENDMENT II: AMENDMENT III: AMENDMENT IV: Freedom of Speech, Press, Religion (Establishment/Free Exercise), & Peaceable Assembly Right to Bear Arms No soldiers to be quartered in citizens homes Freedom from unreasonable, unwarranted searches. No warrants shall be issued except on probable cause and affidavit, specifically describing the place to be searched and things or persons to be seized. Exceptions: Plain view, exigent circumstances, incident to arrest, Terry type stop and frisk. AMENDMENT V: AMENDMENT VI: Indictment from Grand Jury required for felony; No double Jeopardy; No compelled self incrimination (taking the fifth); No taking of private property without due process of law (right to confront witnesses/ opportunity for hearing) Right to fair, speedy, and public trial; Right to an impartial jury (not of your peers, but of a fair cross section of society); Right to have witnesses; Right to a lawyer

5 Lesson 5 Constitution, p. 3 AMENDMENT VII: AMENDMENT VIII: AMENDMENT IX: AMENDMENT X: Right to Jury Trial in civil matters No Double Jeopardy in civil matters: Res Judicata No excessive bail No cruel and unusual punishment Certain rights, not mentioned herein, still exist -- the right to privacy, for example. Powers not given to for the Federal Government nor prohibited by it to the states are reserved for the states or the people. ADDED AMENDMENTS: 11TH AMENDMENT: Limits jurisdiction of federal courts (1798). 12TH AMENDMENT: Electoral process revised (1804). 13TH AMENDMENT: Slavery abolished (1865). 14TH AMENDMENT: Incorporates Bill of Rights and makes them applicable to the states. No states shall deprive any citizen of life, liberty or property without due process of law. Equal protection of law to all citizens (1868). 15TH AMENDMENT: Right to vote given to former slaves (1870). 16TH AMENDMENT: Income tax made legal (1913). 17TH AMENDMENT: Senators elected by popular vote (1913). 18TH AMENDMENT: Prohibition of alcohol (1919). 19TH AMENDMENT: Women given the right to vote (1920). 20TH AMENDMENT: Presidential succession revised (1933). 21ST AMENDMENT: Prohibition repealed. Alcohol regulation given to states (1933). 22ND AMENDMENT: Presidents limited to two terms, or ten years (1951). 23RD AMENDMENT: Washington D.C. allowed to vote for President (1961). 24TH AMENDMENT: Poll tax abolished (1964). 25TH AMENDMENT: Presidential succession revised (1967). 26TH AMENDMENT: Eighteen-year-olds given the right to vote (1971).

6 Lesson 5 Constitution, p. 4 GLOSSARY: Bill of Attainder: Double Jeopardy: Ex Post Facto Law: Habeas Corpus: Res Judicata A legislative act pronouncing a person guilty of a crime, usually treason, without trial, and punished with capital punishment (the death penalty). Being tried for the same crime twice. A law that is passed, but is affective retroactively (in the past). A writ (a written order from a court of law) issued to bring someone before a judge, to release them from unlawful restraint. Point of law on which a judge has already ruled, thereby setting a standard for future cases of a similar type.

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