Foundations in Democracy Part 3 by Celeste Gomez Davalos

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The authors of the Constitution wanted a stronger government than the Articles of Confederation was, but not too powerful so that it would not lead to a king or dictator. So, they included many limits on the power the government has.

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Popular Sovereignty- The authority of a government is created and sustained by the consent of its people

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Limited government restricts the government’s power. The government is only allowed to do some things. Which leaves the rest to the states or the people

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Federalism: a principle or system of government in which several states form a unity but remain independent in internal affairs.

Division and sharing of power between the Federal and State governments. The US has a stronger central government than the states

Separation of Powers In the Federal government

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Three branches of government

Legislative- Makes laws

Executive- Enforces laws

Judicial- Interprets laws

Amendment 1

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It protects freedom of religion, speech, press, assembly, and petition. It ensures individuals can express ideas without government interference.

Amendement 2

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Gives citizens the right to keep bear arms. It was originally meant to ensure a well-regulated militia for national defense.

Amendement 3

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Prevents soldiers from being housed in private homes without the owner's consent.

Amendement 4

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Protects against unreasonable searches and seizures. Authorities must have a warrant or probable cause to search property.

Amendment 5

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Guarantees due process, protection against double jeopardy, and self-incrimination. It also requires fair compensation when private property is taken for public use.

Amendment 6

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Ensures a speedy, public trial by an impartial jury in criminal cases. It also gives the accused the right to counsel and to confront witnesses.

Amendment 7

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Provides the right to a jury trial in civil cases over a certian value.

Amendments 8

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Prohibits excessive bail, fines, and cruel or unusual punishment.

Amendment 9

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States that people have rights beyond those listed in the Constitution.

Amendment 10

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Says powers not given to the federal government are reserved for the states or the people.

Amendment 11

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Limits lawsuits against states by citizens of other states or countries.

Amendment 12

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Revises the process of electing the President and Vice President. It establishes separate electoral votes for each office.

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Checks and Balances- counterbalancing influences by which an organization or system is regulated, typically those ensuring that political power is not concentrated in the hands of individuals or groups. Each branch of government can limit the others to ensure that no part of the government becomes too powerful

Amendment 13

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Abolishes slavery and involuntary servitude in the United States.

Amendment 14

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Grants citizenship to all persons born or naturalized in the US and ensures equal protection under the law.

Amendment 15

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Prohibits denying voting rights based on race, color, or previous servitude. It aimed to protect voting rights for formerly enslaved people.

Amendment 16

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Allows Congress to collect federal income taxes.

Amendment 17

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Establishes the direct election of US senators by the people.

Amendment 18

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Banned the manufacture, sale, and transportation of alcohol in the US. This began the prohibition era.

Amendment 19

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Gives women the right to vote. It was a major event for the women's suffrage movement.

Amendment 20

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Sets the start and end dates for presidential and congressional terms. It also clarifies procedures of the president-elect dies before taking office.

Amendment 21

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Repeals the 18th amendment, ending prohibition. It allows the states to regulate alcohol laws individually.

Amendment 22

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Limits the President to two terms in office.

Amendment 23

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Grants residents of Washington, DC, the right to vote in the presidential election.

Amendment 24

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Eliminates poll taxes in federal elections.

Amendment 25

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Defines the presidential line of succession and procedure for presidential disability

Amendment 26

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Lowers the voting age from 21 to 18.

Amendment 27

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Prevents congressional pay raises from taking effect until after the next election.

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Delegated Powers-Powers given to the Federal government

Reserved Powers- Powers given to the States

Concurrent Powers- Powers shared by the Federal government and the states

Powers delegated to the national government

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The powers they have include the power to coin money, regulate interstate and foreign commerce, declare war, maintain armed forces, and make laws necessary and proper to carry out these powers. These powers ensure the federal government can effectively govern the nation as a whole.

Powers reserved to States

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Powers reserved for the states are regulating education, conducting elections, and managing local governments.

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Both raise taxes, provide public welfare, criminal justice, borrow money, charter banks, and build roads

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The Preamble to the US Constitution introduces the document and outlines its main goals. It states that the Constitution is established by "We the People" to create a stronger, fairer, and more unified nation. The goals included establishing justice, ensuring peace at home, defending the country, promoting the well-being of citizens, and protecting liberty for current and future generations. It emphasized that the government's power comes from the people who exist to sever it.

Article I

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This Article creates the legislative branch, called Congress, which is divided into the House of Representatives and the Senate. It explains how members are elected and the Powers of Congress, like making laws, taxing, and declaring war. It also limits the powers of Congress and the states. The article outlines the process for how laws are made.

Article II

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It establishes the executive branch, led by the president. It defines the President's powers and duties, such as enforcing laws, commanding the military, and making treaties. It explains the election process through the Electoral College and covers impeachment. It also sets qualifications for holding the presidency.

Article III

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This article creates the judicial branch, including the Supreme Court. It defines the court's powers and jurisdiction over cases involving federal law and disputes between states. It guarantees trial by jury, and it allows Congress to establish lower federal courts.

Article IV

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Article IV governs the relationship between states and the federal government. It requires states to respect each other's laws and court decisions. It guarantees a republican form of government in each state and provides for protection against invasion. It also outlines the process for admitting new states.

Article V

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This article explains how the Constitution can be amended or changed. Amendments can be proposed by Congress or a national convention. To become part of the Constitution, amendments must be ratified by three-fourths of the states. This allows the constitution to evolve over time.

Article VI

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Article VI established the Constitution as the supreme law of the land. It says federal laws take precedence over state laws. All government officials must swear an oath to support the Constitution. It also prohibited a religious test for holding pubic office.

Article VII

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This article explains how the Constitution was to be ratified. It required approval by nine of the thirteen states to take effect. Once ratified, the Constitution replaced the Articles of Confederation and marked the official start of the new government framework.