HISTORY AND GEOGRAPHY 1202 UNITED STATES GOVERNMENT

Transcription

1 Grade 12 Unit 2

2 HISTORY AND GEOGRAPHY 1202 UNITED STATES GOVERNMENT CONTENTS I. U.S. CONSTITUTION AND RIGHTS... 2 United States Constitution... 2 Bill of Rights... 7 States Rights and Responsibilities II. THE THREE BRANCHES OF GOVERNMENT Executive Branch Judicial Branch Legislative Branch III. BILLS AND LAWS How a Bill Becomes Law: Part How a Bill Becomes Law: Part Author: Editor: Illustrations: Brad Zockoll Brian Ring Alpha Omega Staff 804 N. 2nd Ave. E., Rock Rapids, IA MM by Alpha Omega Publications, Inc. All rights reserved. LIFEPAC is a registered trademark of Alpha Omega Publications, Inc. All trademarks and/or service marks referenced in this material are the property of their respective owners. Alpha Omega Publications, Inc. makes no claim of ownership to any trademarks and/or service marks other than their own and their affiliates, and makes no claim of affiliation to any companies whose trademarks may be listed in this material, other than their own.

3 HISTORY 1202 UNITED STATES GOVERNMENT Some magnificent documents were written in the 1700s. One of the most treasured documents in American history is the unanimous Declaration of Independence which Congress presented on July 4, It states We hold these truths to be self evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty, and the pursuit of happiness. With the Declaration of Independence, America announced its intention to become a free and self-supporting nation. It took until 1783 to finally win that treasured independence now, what should a young government do? When the leaders of the country met in Philadelphia in 1781, they were already dealing with the problems of collecting taxes, enforcing the laws, and establishing trade between the states. Through arguing and agreeing, debating and deliberating, these brilliant minds assembled what is considered one of the best governmental writings in the history of nations. Even the opening statement shows the intent of these leaders to create an honorable government: We the people of the United States, in order to form a more perfect Union, establish justice, insure domestic tranquillity, 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. OBJECTIVES Read these objectives. The objectives tell you what you will be able to do when you have successfully completed this LIFEPAC. When you have finished this LIFEPAC, you should be able to: 1. Explain the purpose of the United States Constitution and the First Amendment. 2. Explain the history and purpose of the Bill of Rights and give a brief summary of its amendments. 3. Explain the state s responsibilities and rights in our union. 4. Explain the Executive Branch of our government, its responsibilities and function. 5. Explain the Judicial Branch, its law-making function and the limit to its power. 6. Explain the Legislative Branch and the functions of the House and Senate. 7. Explain how a bill becomes law; from initial idea to passing at the Senate level. 8. Explain how a bill becomes law; from a House Committee to approval by Congress. Survey the LIFEPAC. Ask yourself some questions about this study. Write your questions here. _ 1

4 I. U.S. CONSTITUTION AND RIGHTS The Constitution, in all its provisions, looks to an indestructible Union composed of indestructible States. Salmon P. Chase SECTION OBJECTIVES Review these objectives. When you have completed this section, you should be able to: 1. Explain the purpose of the United States Constitution and the First Amendment. 2. Explain the history and purpose of the Bill of Rights and give a brief summary of its amendments. 3. Explain the state s responsibilities and rights in our union. VOCABULARY Study these words to enhance your learning success in this section. abridge Bill of Rights currency endowed neutrality parochial persecuted petition redress tranquility unalienable Reducing or cutting short The first ten amendments to the Constitution, based strongly on the personal freedoms of the citizen A medium of exchange for purchases To be equipped with a talent or a quality The state of not belonging to either side in a dispute A school usually supported by or located in a church or parish. To harass or annoy A request To set right; a reparation for a wrong that was done Calmness; peacefulness (note: the early American spelling has two L s ) That which cannot be lost or transferred away Note: All vocabulary words in this LIFEPAC appear in boldface print the first time they are used. If you are unsure of the meaning when you are reading, study the definitions given. UNITED STATES CONSTITUTION What exactly does the Constitution do? The Constitution lays down the fundamental laws of the United States. The rights and freedoms of the individual citizen are defined, as well as the goals of the government. There are some restrictive guidelines as well. The first ten amendments to the Constitution, the Bill of Rights, limit the powers of the Federal government. For example, the Supreme Court has decided that neither the Federal government nor the states can deprive any individual of his freedom of religion, speech, press, petition, assembly, or of several other rights that pertain to the fair treatment of the accused person. The Constitutional Convention met in 1787 to create a more unified nation. Some of the signers of the Constitution included George Washington, Benjamin Franklin, James Madison and Alexander Hamilton. As George Washington presided over the Convention, he knew there were many obstacles to overcome. The initial assembly in Philadelphia looked 2

5 like little more than a gathering of 13 independent little countries. There was scant unity among the states, with problems like trading between each other and the printing of state currency instead of federal money. By the end of the convention, 39 delegates signed the Constitution. Many people are not aware that there were actually some delegates who refused to sign! Elbridge Berry, George Mason, and Edmund Randolph all refused to sign the Constitution because they felt it still gave too much power to the federal government. CONGRESS CANNOT START A GOV- ERNMENT RELIGION OR STOP PEO- PLE FROM WORSHIP Freedom of religion is granted in the Constitution. The First Amend - ment, adopted in 1791, states: 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. The granting of such freedoms has been a closely guarded right that has been challenged and supported through the years of growth of our country. A 1922 POSTER PROTESTING LYNCHINGS IN AMERICA 3

6 The First Amendment of the Constitution is important to Christians. All believers in Jesus Christ should be aware of this passage in the Constitution. The First Amendment to the Constitution states, Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof... The third section of Article VI of the original Constitution also provides that no religious test shall ever be required as a qualification to any office or public trust under the United States. Freedom of religion, as defined in the First Amendment, is two-fold. First, the government is forbidden to establish a religion, either directly or indirectly. The England of the 1700s had a government that would imprison those who did not join the Church of England. The government would infringe on the citizens religious liberties. In the days of the Soviet Union, the government had established a state-run church, even to the point of approving the sermons that were to be preached; that would be in violation of this amendment. These examples remind us of the phrase separation of church and state. Secondly, the government is forbidden to interfere with or to regulate religion. Individuals have the right to assemble and pray or build a church without fear of being persecuted by the government. The First Amendment has been under scrutiny in the courts for years. The establishment of religion clause of the First Amendment came into question in 1947 concerning the use of public funds for pupil transportation in parochial schools. By a five to four vote, the Supreme Court ruled such aid improper, as Judge Hugo Black asserted, No tax in any amount, large or small, can be levied to support any religious activities or institutions, whatever they may be called, or whatever form they may adopt to teach or practice religion. Another Supreme Court ruling which further separated church and state occurred in It had long been customary in many public schools to offer prayers or to read passages from the Bible; this practice was exercised on every possible basis, ranging from wholly voluntary and intermittent action by individual teachers to a uniform requirement prescribed by state authorities. For years the Supreme Court avoided a direct decision on the constitutionality of these practices, but in 1962 the justices invalidated a school prayer requirement and any requirement in public schools of Bible reading or recitation of the Lord s Prayer, stating, In the relationship between men and religion, the State is firmly committed to a position of neutrality. Although the neutrality rulings succeeded in banning public funds for parochial school use and banning prayer and Bible reading from public schools, Supreme Court rulings have generally remained neutral. The Bill of Rights also guarantees that Congress shall make no law... abridging the freedom of the press. The newspaper publishing companies, television networks, and radio stations enjoy the rights to broadcast news and information that will not be edited and controlled, as they were in the days of the Mussolini-led country of Italy. The government of the United States does not have the right to interfere with the freedom of the press. The Constitution has been a hard-working document through the years. It has been a vital cog in the workings of the American government. The Constitution gives the general method for electing a president. It also lays out the rules for organizing Congress and the guidelines for the potential members of Congress. The Constitution explains such diverse subjects as making laws, establishing copyrights for inventors and extraditing criminals back to states for trials. The Constitution is a magnificent framework for forming our government. The British statesman William Gladstone appropriately called the Constitution the most wonderful work ever struck off at a given time by the brain and purpose of man. 4

7 Matching. 1.1 persecute a. a request. 1.2 currency b. a medium of exchange for purchases. 1.3 petition c. to set right; a reparation for a wrong that was done. 1.4 redress d. to harass or annoy. 1.5 parochial e. a school usually supported by or located in a church or parish. In your own words, tell what the First Amendment protection of religion is about. 1.6 Fill in the blanks. 1.7 The first ten Amendments to the Constitution are called the. 1.8 When the leaders of the country met in Philadelphia in 1781, they were already dealing with the problems of collecting and the laws. 5

8 1.9 Ensuring domestic tranquillity means ensuring or The Constitution deals with extraditing a back to a for trial The government is not allowed to harass or annoy a church in their worship. To harass or annoy is to The First Amendment includes the freedom of speech, freedom of the press, and the right of the people peaceably to The First Amendment also gives the citizen the right to petition the government for a redress of grievances. Redress means The number of delegates who signed the Constitution was in the year. Choose one In 1962 the Supreme Court took a stand of neutrality towards: free speech among students in parochial schools. a prayer requirement in public schools. funding for transportation to parochial schools Check the statements which describe the work of the Constitution. It lays out the general method for electing a president. It deals with the guidelines for bankruptcy among corporations. It deals with establishing copyrights for inventors. It deals with anti-trust laws. True/False Abridging is the term used for combining efforts in order to get a unified and agreedupon result. 6

9 God grants liberty only to those who love it, and are always ready to guard and defend it. Daniel Webster adoption To receive and make one s own compensation Earnings; wage constituents A citizen of a district that elects representatives to government delegated Authorized or assigned; allowed enumeration A list; a number of immunities Exemptions; protections infringed Disobeyed or violated quartered Housed; supplied with home-like arrangements ratified Authorized; put into legislation search and seizure Gives authority to the officer to seize certain designated items for evidence of a crime warrant An official judicial writing that authorizes a search BILL OF RIGHTS VOCABULARY Study these words to enhance your learning success in this section. The United States did not want any abuse of the central government. They battled for the right for independence and were not about to let it slip away into an abuse of power that trampled on the citizens rights. Hot debates occurred during the adoption of the Constitution, with fears expressed that the Constitution did not assure enough freedom for the individual. The group of men could remember the tyranny imposed upon them by the British government. The assembly called for a bill of rights that would list immunities and freedoms of the individual American. On September 25, 1789, the First Congress of the United States proposed an important step in our country s demand for freedom. The state legislatures were presented with 12 amendments to the Constitution which would answer many questions concerning the strength of that document. The first proposed amendment had to do with the number of constituents for each Representative in Washington. It was not ratified. The second amendment concerned the compensation of Congressmen. It, too, failed ratification. However, articles 3 to 12 were ratified by three-fourths of the state legislatures and make up the first ten amendments of the Constitution. This list of ten is still known today as the Bill of Rights. One of the powerful influences in the writing of the Bill of Rights was George Mason. The Virginia delegate was highly disappointed with the Constitution, feeling it did not go anywhere near protecting the citizens as it should. Mason s earlier writing on freedoms had influenced Thomas Jefferson s writing of the first part of the Declaration of Independence, and Mason s influence was there once again when James Madison drafted the amendments to the Constitution that were to become the Bill of Rights. So what are the Bill of Rights? The first 10 amendments to the Constitution speak of the protection of freedoms of the individual citizen. Some amendments may seem odd, but they were relevant to the nation at the time of their writing. These amendments were ratified December 15, 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 7

10 the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. This amendment guarantees freedom of religion and gives us the right to worship where and how we want. Freedom of speech and of the press give us openness in the fields of communication to express our displeasure with the government without feeling we must be in fear of imprisonment. We also have the right to gather peaceably and to ask the government for justice. 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. This amendment reflects the early colonists hostility toward the standing armies that had occupied their land; they guarantee the people s right to bear arms to prevent those armies from making America submissive to another government. 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. This amendment also shows the colonists desire to eliminate the threat of any army taking advantage of the citizens. The colonists had been forced to house British soldiers in their own homes, and many of the citizens were treated poorly. For this reason, Amendment number 3 states clearly that no soldier can be housed in an American s home without the owner s consent. 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. This amendment was added to prevent the abuses the colonists had suffered from general warrants. It protects the citizens against unreasonable searches and seizures and also requires warrants to be specific and issued only upon probable cause. 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 offense 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. The Fifth Amendment requires grand jury indictments in major criminal prosecutions and keeps a person from being tried twice on the same charge or requiring that person to testify against himself. It forbids the taking of private property for public use without just compensation to the owner, and disallows the removal of life, liberty, and property without due process of law. The due process part of this amendment was highly important. It has been a foundation and main constitutional weapon for the protection of rights not defined in the Bill of Rights. 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. This amendment protects defendants in criminal cases and guarantees the accused that he will receive a speedy public trial by jury and gives him the rights to be informed of the accusation. An important part of this amendment includes the right to be confronted with the witnesses against them, to use compulsory process to secure witnesses and to have the assistance of counsel. 8

11 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 reexamined in any Court of the United States, than according to the rules of the common law. The Seventh Amendment guarantees jury trials in civil cases. Amendment VIII Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. This amendment prevents excessive bail or fines or cruel and unusual punishments to the individual. Amendment IX The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. This amendment states that the list of rights in the Constitution does not deny other rights retained by the people; in other words, just because there are a list of rights in this document does not mean if it s not listed here, you don t have the right. Americans still have their other freedoms. 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. The Tenth Amendment upholds the fact that all powers not given to the United States government itself belong to the states or the people. True/False When you delegate someone to do something, you authorize them to do it. Describe the Eighth Amendment in your own words Fill in the blanks One of the most powerful influences on the writing of the Constitution was a Virginia delegate by the name of The assembly called for a bill of rights that would list the and of the individual American The Second Amendment states, the right of the people to keep and bear Arms, shall not be infringed. Infringed means Amendment Six assures the accused the right to a speedy Amendment Nine talks about the enumeration of rights. Enumeration means a Much careful thought went into Amendment Nine. This amendment tells us that the presence of the list of freedoms doesn t mean if it s not here, you don t have the. Americans have other freedoms than those in the Bill of Rights The Tenth Amendment lets us know that the rights not delegated to the federal government are given to the or the The actual number of amendments that the leaders first proposed was but two were not ratified. 9

12 Choose one The Second Amendment gives the citizen the right to face his accuser in court. have a jury trial in civil cases. keep and bear arms Check the statements that do NOT apply to the Fourth Amendment. Soldiers may not be improperly quartered in a citizen s home. The people should not be subjected to unreasonable search and seizures. School shall not be mandatory for children under the age of fifteen. Warrants are only issued upon probable cause. 10

13 A star for every State, and a State for every star. Robert C. Winthrop VOCABULARY Study these words to enhance your learning success in this section. electoral college jurisdiction licensing prohibited public safety public works state bar exam technology treaty welfare Group of electors chosen to make the decision of electing the president and vice president of the U.S. The extent of authority; the range of control Official and legal authorization for a specific ownership or practice Prevented; forbidden Creation and maintenance of state fire and police departments, hospitals and other citizen needs The creation and maintenance of state roads, dams, building and other similar projects The state testing of potential attorneys in order to see if they qualify for active legal practice Scientific methods and practices A formal agreement between two or more governments Government financial aid to assist people in need STATES RIGHTS AND RESPONSIBILITY It is not all the federal government s responsibility. You re driving out of town on a Saturday afternoon, heading for a festival in another city. You turn off of Main Street and head out of town on County Road 210. You then merge onto State Highway 60 after a few miles. Then you turn onto Interstate 17. You have experienced the benefit of four different levels of government: road construction and repair from departments of your town, your country, your state, and your federal government. Most people forget that in the creation of government projects and improvements, many levels of government are at work. Not all parks are run by the federal government, neither are all the police forces. The state plays an important part in the running of our everyday lives. There is a wide range of jurisdiction that is given to a state. It is a jurisdiction allowed the states of the Union through the wisdom of the founding fathers of our country and set forth in the Constitution. Jurisdiction means the power of making laws and enforcing them. If a state is not in conflict with the U.S. Constitution or acts of Congress, it can work in a fairly wide-range of areas. Certain treaties must be honored by the state as well. For example, Arizona must honor the Indian Reservation treaties that were drawn up by the American government for the Indian Nations. National elections are conducted by the states. The electoral college, which is used to decide who will be America s next president, is organized and completed by the states. The two houses of Congress are populated by the elected officials of the states of the Union. The House of Representatives and the Senate are both comprised of the members who have been sent to Washington by the voters of their home state. You may have traveled this country and have seen Iowa s state parks or enjoyed the results of the forestry preserved by their Department of Conservation. You might have a relative who was a graduate of a state university in Texas or Louisiana. You may have read 11

14 of the state s increase in spending for the welfare of the poor in New Hampshire. All of these services are the right and responsibilities of the states of the Union, and public safety also fall under the umbrella of the state s service to its citizens. Many professions must undergo licensing in the state. Doctors and dentists will display their certificates on their office walls. Real estate brokers must apply for a state license. Lawyers must pass a state bar exam. Licensing and fees are regulated for licenses as different as automobiles and marriages! The federal government allows the states to act on their own in many areas. The Constitution is clearly supportive of state s right as it states in the 10th Amendment, The powers not delegated to the United States by the Constitution, nor prohibited to it by the states, are reserved to the states respectively, or to the people. This freedom is wise because it not only allows individual states to exercise their uniqueness and local technology, it also helps the government to avoid being overburdened with micro-management having to see to every street sign, driver s license, and policeman s salary in the nation. The states are able to handle responsibilities on a more local level. Matching public safety a. scientific methods and practices public works b. prevented; forbidden technology c. the state testing of potential attorneys in order to see if they 1.33 state bar exam qualify for active legal practice licensing d. official and legal authorization for a specific ownership or practice prohibited e. the creation and maintenance of state fire and police departments, hospitals and other citizen needs. f. the creation and maintenance of state roads, dams, building, and other similar projects. Fill in the blanks Lawyers must pass a means the power of making laws and enforcing them Arizona, New Mexico, and Nevada must honor the Indian Reservation that were drawn up by the American Government for the Indian Nations The creation and maintenance of a state reservoir falls under the title of The number of the Constitutional Amendment giving the states freedoms and control is Amendment number Check the one thing that is NOT true about the Electoral College. The college is made up of people selected by the states. Those designated to perform this task are known as the electors. The state of Pennsylvania oversees the inner workings of the electoral college. The college makes the decision of electing the president of the United States. 12

15 Check the one thing that is true about a state s public safety service A library would be included in the public safety service. State elections are performed under this jurisdiction. A hospital would be included in the public safety service. Treaties are created under the public safety s scrutiny. Select all that apply State licensing involves: marriages dental practices auto registration real estate brokers senators lawyers Adult Check Initial Date Review the material in this section in preparation for the Self Test. The Self Test will check your mastery of this particular section. The items missed on this Self Test will indicate specific areas where restudy is needed for mastery. 13

16 SELF TEST 1 Match the phrases that best fit each other (each answer, 2 points) George Mason a. a signer of the Constitution 1.02 Ben Franklin b. presided over the Constitutional Convention 1.03 problems between the states c. trading with each other, printing state currency 1.04 petition d. too much power given to the federal government reasons for not signing e. a request 1.06 George Washington f. refused to sign the Constitution True/False (each answer, 2 points) The Constitution was completed in By the end of the Convention, 39 delegates signed the Constitution Abridging is the term used for combining efforts in order to get a unified and agreed-upon result The right to peaceably assemble is found in the First Amendment A hospital would be included in the public safety service. Fill in the blanks (each answer, 3 points) The Constitution deals with extraditing a back to a state for trials The First Amendment also gives the citizen the right to petition the government for a redress of grievances. Redress means We hold these truths to be self evident, that all men are created equal, that they are by their Creator with certain rights, that among these are life, liberty, and the pursuit of happiness Ensuring means ensuring peacefulness or calmness The first ten Amendments to the Constitution are called the The number of the Constitutional Amendment giving the states freedoms and control is Amendment number A dentist would apply for a license with the The electoral college makes the decision of electing the of the United States The First Amendment includes the freedom of speech, freedom of the press and the right of the people peaceably to If Mr. Smith takes a case all the way to the Supreme Court concerning his being unlawfully jailed, he is trying to see that a wrong be righted. The word for correcting a wrong that was done is The Eighth Amendment deals with. 14

17 1.023 The assembly called for a bill of rights that would list the and of the individual American Search and seizure restrictions are listed in the Amendment The Amendment gives a citizen of the U.S. a right to a speedy trial Amendment Nine tells us that the presence of the list of Amendments does not mean if it s not here, you don t have the. Americans have other freedoms Jurisdiction means the power of If a state is not in conflict with the U.S. or acts of Congress, it can work in a fairly wide-range of areas The state of New Mexico must honor all of the Indian Reservation that were drawn up by the American Government for the Indian Nations. Check which one is TRUE about the First Amendment of the Constitution (2 points) Congress may call for an Act of War. Congress may not cancel the rights of the states. Congress may not prevent a religion from free exercise The Supreme Court ruling of neutrality concerning public school prayer occurred in: (2 points) Mark the phrase below which is true concerning the Constitution (2 points) It helps establish county boundary lines within states according to census results. It gives a general outline of information in electing the president of the United States. It sets the law for the rights of public highways and waterways. Choose the statement that is NOT correct (2 points) In 1947 the Supreme Court ruled against public funding for transportation to parochial schools. Abridging means reducing or cutting short. Congress has the right to limit the free practice of religion. Choose one (2 points) The Second Amendment gives the citizen the right to a speedy trial. the right to keep and bear arms. the right to keep freedoms not listed in the Constitution Score Adult Check Initial Date