A national judiciary was needed to settle differences:

between a citizen of one state and a different state

between a citizen of different states

Judicial Branch and the Constitution

How did the framers of the Constitution try to limit the power of the national government? Separation of Powers: a key constitutional principle that divides the functions of government among three branches (legislative, executive, and judicial) to prevent any one branch from gaining too much power How did the framers of the Constitution try to keep one branch of the government from dominating the others? A system of checks and balances Checks: allow one branch to block the actions of other branch Congress can pass laws, but the president can check this power through veto. Congress can check the president’s veto power by a two-thirds majority vote in each house. Judicial branch can check the actions of both Congress and the president through its power of judicial review and so declare a law, a treaty, or an executive action unconstitutional. Balances: allow each branch of the government to have some role in the actions and power of the other branches Judges, ambassadors, and cabinet members are appointed only if the president nominates them and the Senate approves the nomination. President can sign treaties, but they only take effect if the Senate approves them. Powers of judicial branch are also balanced by the other branches. -- The Supreme Court can declare laws unconstitutional, but the president chooses federal judges, and the Senate must approve the appointments. Congress can impeach federal judges.

During the American Revolution, the Founding Fathers met to develop a government that would take over as soon as the British left. By 1777, they had written the Articles of Confederation, which created the first United States government. Under the Articles, the states joined together in an alliance of separate state powers with a very weak central government. For example, the government could not collect taxes or keep a standing military. After ten years, the Founding Fathers realized the Articles created a government that was too weak to work! They decided it was time for a change. The Founding Fathers wanted a stronger government that had more authority with the states. Representatives from each state gathered in Philadelphia on May 14, 1787 to discuss possible changes. They agreed on a federalist government, where a central power would oversee and share authority with the states. To make sure the federal government did not gain too much power, they created three branches to provide for checks and balances. The legislative branch would make the laws, the judicial branch would interpret the laws, and the executive branch would enforce the laws. This solved many problems, but one large issue remained: how would the states be represented in this new federal government? At first, the bigger states wanted the population of a state to determine the amount of representation. But the smaller states called foul! The bigger states would end up deciding the laws for everyone. The smaller states suggested that each state have an equal number of representatives. But that would end up giving smaller states too much power. Finally delegates from Connecticut submitted a solution: Why not have two houses make up the legislative branch? The Senate would have an equal number of representatives from each state. Representation in the House of Representatives would be based on the state’s population. This model is called bicameral representation and helped the delegates find a compromise. Between May and September 1787, the delegates at the Constitutional Convention compromised on many issues in order to unite and build a strong national government. They decided the office of the executive would consist of one person and that the national government would have the power to tax and to create a military. These decisions determined that the new federal government would have more authority than before. Some delegates disagreed with the new system, but many of their concerns would be addressed when the Bill of Rights was added to the Constitution in 1789. Looking Ahead At the end of the Constitutional Convention, the delegates signed the Constitution. Many saw a bright future ahead for the United States. The document guarantees a government with three branches based on a system of checks and balances. The delegates of the Convention successfully created a government that addressed the needs of small and large states alike, while providing for a federal government that would tie them together.

Chapter 7 Study Guide Answers What does the Bill of Rights do? The Bill of Rights lists our basic rights. Who is the person mainly responsible for the Bill of Rights? James Madison is the person mainly responsible for the Bill of Rights. The Bill of Rights is part of which document? The Bill of Rights is part of the United States Constitution. Whose job is it to protect our rights listed in the bill of rights? It is the job of the federal courts (judicial branch) to protect our rights. What are the five rights listed in the first amendment? Freedom of speech: includes symbolic speech; does not include speech that could endanger the public safety. Religion: Right to believe whatever you want, but you can’t do whatever you want in the name of religion (can’t break the law). Press: The free flow of information and ideas; can’t print lies or information that could be helpful to an enemy in wartime. Assembly: Use public property for meetings and demonstrations (i.e. parades, protests, political rallies). Must be done legally and peaceably. Right to petition: Means you can appeal to the government if you’re unhappy about something or some policy. Give one example of speech NOT protected under the first amendment. An example of speech not protected under the first amendment would be crying “fire” in a crowded movie theater (anything that could potentially endanger the public safety). What does the second amendment give us the right to? The second amendment gives us the right to bear arms. What does the third amendment state we are not legally obligated to do? Under the third amendment, we are not obligated to quarter (or house) soldiers in our homes. What does the fourth amendment protect us from? The fourth amendment protects us from unreasonable search and seizure. What is needed in order to search or seize property? A warrant is needed, which must be issued by a judge, in order to search and seize property. What five rights are we guaranteed under the Fifth Amendment? Right to a grand jury: determines whether or not the government has enough evidence to bring someone to trial. Double jeopardy: Once a person has been found not guilty, he cannot be tried again for the same crime. Self incrimination: A person has the right to remain silent; he does not have to testify against himself. Due process: The government must follow a clear set of rules (a process) as it carries out the law and takes your life, liberty, or property. Just compensation: If the government has to take someone’s land, they will offer a fair price. What is the right stated in the “Miranda Warning”? The main right stated in the “Miranda Warning” is the right to remain silent. What are the four rights stated under the sixth amendment? Right to a speedy and public trial, and an impartial jury. Right to a jury of people that live in the defendant’s area (jury of your peers). To hear and question all witnesses Right to an attorney As stated in the seventh amendment, we have the right to which type of trial depending on how much money a person is being sued for? What can a judge NOT do? Under the seventh amendment, we have the right to a jury trial depending on how much money is at stake in a civil trial. A judge cannot overturn a decision made by a jury. What are the four things that are prohibited under the eighth amendment? The four things that are prohibited (or not allowed) under the eighth amendment are: excessive fines, excessive bail, cruel and unusual punishments, and poor prison conditions. Under the ninth amendment, rights not listed in the Bill of Rights belong to whom? According to the ninth amendment, rights not listed in the Bill of Rights belong to the people. The tenth amendment states that powers not given to the national government are reserved for whom? According to the tenth amendment, powers not specifically given to the national government are reserved for the people and the states. What is meant by the term “double jeopardy”? The term “double Jeopardy” refers to a person being retried for a crime in which he has already been acquitted, or found “not guilty”. What does it mean to be indicted by a grand jury? To be indicted by a grand jury means that a person will be going to trial and will retain all of the rights listed in the fifth, sixth, seventh, and eighth amendments.

John Adams the first Vice President and second President of the United States James Armistead black slave who served in the colonial army as a spy General Edward Braddock commander of all British forces in North America during the French and Indian War Nathan Hale "I only regret that I have but one life to lose for my country." Patrick Henry Virginian who said, "Give me liberty, or give me death!" New York City our nation's first capital Battle of Bunker Hill the first major battle in the War for Independence judicial the branch of government that interprets the law executive the branch of government that enforces the law legislative the branch of government that makes the law Articles of Confederation the first plan of government that the United States had agreed upon Bill of Rights lists the rights or freedoms the Constitution gives to Americans; written in the form of ten amendments Constitution of the U.S. plan of government our country still follows today Declaration of Independence document written by Jefferson declaring the independence of the colonies from England First Amendment gives Americans the following freedoms: religion, speech, press, and assembly Treaty of Paris document signed by England giving up the American colonies and making them officially free and independent Inauguration Day The day the President takes his oath of office Valley Forge Washington's army spent the harsh winter of 1777-1778 Second Continental Congress The decision to organize the Continental Army was made at the ??? in 1775. constitutional republic The form of government in which the people and their elected representatives are limited by a constitution patriots Those who wanted America to be free from Britain's control

Understanding Article III and the Judicial Branch

Bill of Rights and Judicial Branch Review

Checks and Balances, executive branch, federalism, judicial branch, legislative branch, separation of powers

Definitions: checks and balances, disenfranchise, executive branch, federalism, interest group, interstate commerce, judicial branch, judicial review, legislative branch, majority rule, popular sovereignty, separation of powers, tribal sovereignty

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