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Name_________________________________________________________ Date___________________

Citizenship and the Constitution Test Date:

Understanding the Constitution

-The framers used a ____________________ (or federalism) to structure the Constriction.

-Federalism divides power between the states and federal government.

-The three branches are the Legislative Branch, Executive Branch and the Judicial Branch.

-The Constitution is made up of several parts:

-The Preamble

- Articles (there are 7)

- Bill of Rights

- All 27 Amendments (includes the Bill of Rights)

__________________ Branch (makes the laws) (Congress)

-Article I- divides Congress into two houses (House of Representatives and the Senate)

Powers: -Writes the laws

-Confirms presidential appointments (senate)

-Approves treaties (senate)

-Grants money

-Declares war

|House of Representatives |Senate |

|-435 members |-100 members |

|-Population determines how many members each state has |-Each state has two senators |

|-Members must: |-Members must: |

|-be at least 25 years old |-be at least 30 years old |

|-live in the state where they were elected |-live in the state they represent |

|-have been a U.S. citizen for 7 years |-have been a U.S. citizen for 9 years |

|-Members serve two year terms |-Members serve six year terms |

_______________Branch (enforces the laws) (President)

-Article II- lists the powers of the executive branch.

Powers: -Proposes laws

-Administers the laws

-Commands armed forces

-Appoints ambassadors and other officials

-Conducts foreign policy

-Makes treaties

President

-Must be:

-a native-born U.S. citizen

-at least 35 years old

-have been a U.S. resident for 14 years

-Serves a four-year term

-22nd Amendment limits the president to two terms

-Can be impeached by congress

-Has _______ power

-Has the power to pardon persons convicted of federal crimes or facing criminal charge

Vice-President

-Must:

-be a native-born U.S. citizen

-at least 35 years old

-have been a U.S. resident for 14 years

-Serves a four-year term

-22nd Amendment limits the vice-president to two terms

-Serves as the President of the Senate

-Becomes President if the President dies, resigns, or is removed from office

________________ Branch (interprets the laws) (Supreme Court)

-Article III- outlines the courts’ duties

Powers: -Interprets the Constitution and other laws

-Reviews lower-court decisions

-Judges are given life appointments (you get to be judge until you resign or die)

Supreme Court

-Nine justices sit on the Supreme Court.

-The chief justice leads the court.

-There are no specific constitutional requirements to become a justice.

-Supreme Court justices are appointed by the president and must be approved by Congress.

The Process:

-If someone convicted of a crime believes the trial was unfair, he/she may take the case to the court of appeals.

-After a case is decided by the court of appeals, the losing side can appeal the decision (again!) to the Supreme Court.

-Only have time to hear about 100 cases per year. Usually involve important constitutional or public interest issues.

Federal Office Terms and Requirements

How a Bill Becomes a Law

Other options:

-The president has 10 days to sign the bill. If the president doesn’t sign the bill within 10 days and congress is still in session, the bill automatically becomes a law.

-The president can approve the bill without signing it.

-Pocket Veto – within the 10 days, if congress adjourns (closes) and the president does not sign it, the bill dies.

-The president can reject the bill without officially vetoing it.

The Bill of Rights

-The Bill of Rights is the first 10 amendments added to the Constitution.

-These amendments were written by James Madison and took effect in 1791.

-The purpose of the Bill of Rights is to clearly define the rights and freedoms of citizens.

-It ensures that all citizens are protected, not just the majority.

First Amendment

-freedom of religion – the government cannot support or interfere with the practice of a religion.

-freedom of speech/press – citizens can express views and ideas. Slander or speech causing intentional harm is not protected by the Constitution.

-freedom to assemble – citizens have a right to hold meeting/gather to discuss issues or conduct business. Un-peaceful gatherings are not protected by the Constitution.

-freedom to__________ the government – citizens can protest a law and suggest new laws.

Second Amendment

- the right to bear arms (own guns)

-the framers of the Constitution thought that states needed their militias for emergencies.

-there must be limits and regulations to this right in order to protect US citizens.

Third Amendment

-In times of peace you do not house soldiers.

-This came as a reaction to the Quartering Act where colonists were forced to house British troops

Fourth Amendment

-Before a citizen’s property can be searched, authorities must get a _____________________.

-Before the American Revolution, British Soldiers were able to search and seize personal belongings of colonists (Writs of Assistance).

Fifth Amendment

-the government cannot punish anyone without_____________ of law. This means the law must be fairly applied.

-Grand jury decides if there is enough evidence to indict (accuse) a person.

-Without an indictment, the court cannot try a person for a serious crime

-Plead the 5th- a person doesn’t not have to testify in their own criminal trial.

-Double Jeopardy- a person cannot be tried for the same crime twice.

-_______________:the government cannot take your property without paying you a fair price for it.

Sixth Amendment

-guarantees a person the right to a speedy trial, a trial by jury, and the right to an attorney.

Seventh Amendment

-Common Law- this ensures the right to a trial by jury in civil cases such as marriage, divorce, child custody, and inheritance. (right to sue)

Eighth Amendment

-No cruel and unusual punishment/ no excessive bail.

-bail sets the amount of money that defendants promise to pay the court if they fail to appear in court at the proper time.

-this amendment keeps courts from setting unfairly high bail

Ninth Amendment

-this amendment says that the rights listed in the Constitution are not the only rights that citizens have and allows the courts and congress decide other basic rights of citizens.

-Basic personal rights

– If there is no law preventing it, it is legal

Tenth Amendment

-If the power is not mentioned in the Constitution, it is automatically granted to the States.

(this amendment keeps the balance of power between the federal and state government)

Rights and Responsibilities of Citizenship

Gaining U.S. citizenship

-Native born citizen – someone who is born in the United States.

-A foreign born person is a U.S. citizen if they have at least one parent who is a U.S. citizen

-__________________ – someone who was born in another country and whose parents are not U.S. citizens. They go through a process and apply for citizenship. They must live in the U.S. for at least 5 years, be at least 18, and pass a citizenship test. The final step of this process is taking an oath.

-The U.S. government can deport immigrants who break the law.

Duties and Responsibilities of Citizenship

-elect officials (vote!)

-obey the laws

-pay taxes

-defend the nation (the draft)

-serve on a jury

Current Leaders of the United States of America

President -

Vice President –

Secretary of State –

Chief Justice –

Secretary of Defense -

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