International Military Student Preparatory Course P 910

U.S. Constitution/ Government

Learning Objective

TLO B. Action: Develop awareness of societal/cultural differences and standards. Condition: As a CGSOC International Military Student and member of a staff group; living within the U.S. military, local, national, and IMS communities; given the community cultural and social environment; handouts; references and readings; practical exercises, group dialogues, and discussions. Standard: Development must include: Acknowledgement of societal/cultural differences. Relating to protection of human rights. Providing honorable representation for home country. Demonstrating awareness of historical development and current structure of U.S. Armed Forces. Understanding of the U.S. political system. Demonstrate an understanding of sustainment of the U.S. officer corps. Acknowledgement of American public and social welfare system.

Lesson Outline
Articles of Confederation Constitutional Convention The United States Constitution Amendments Branches of The United States Government
Legislative Executive

Judicial

State Governments Summary Delayed Practical Exercise

Problems with the Articles of Confederation

The Congress could not raise money by collecting taxes.
The government had no control over commerce. The government could pass laws but not force states to comply. All changes to the Articles had to be unanimous.

The Constitutional Convention

Key points in the Great Compromise

Bicameral Legislature. Commerce and slavery. Nationality requirements. Amending and ratifying the Constitution.

The United States Constitution

The United States Constitution (cont)

Founded on three principles:
Inherent rights. Self government. Separation of powers.

The United States Constitution (Cont.)

Is the cornerstone of the U.S. Government.
Approved and implemented in 1788.

It describes the structure of the U.S Government and the rights of the people.
Provided for a central government that became the Supreme law of the land. Citizens choose their government representation.

The United States Constitution

Creates three branches of the Government.
Constitution

Legislative Branch

Executive Branch

Judicial Branch

Through a system of Separation of Powers, each branch operates independently of the other. Checks and balances prevent concentration of too much power in one branch.

Amendments

The Amendment Process

Amendments are used to change the Constitution.

There are two ways to get an Amendment approved:

Method 1
2/3 of the Senate and the House of Representatives approve the proposed Amendment. This is followed by the approval of 3/4 of the state legislatures within a specified time frame. (usually 7 yrs.)

Method 2
2/3 of the state legislatures call for a Constitutional Convention. This is followed by approval of 3/4 of the state legislatures within a specified time frame. (usually 7 yrs.) -- This method has never been used.

Bill of Rights
When originally ratified, the US Constitution did not contain a Bill of Rights. Many people were concerned about the protection of their freedoms. 10 amendments were added to the US Constitution in 1791. Collectively, they are called The Bill of Rights The first 8 amendments describe the individual rights. Amendments 9 and 10 describe the relationship between the people, the State and the Federal government.

Branches of the United States Government

Legislative Branch
United States House of Representatives United States Senate

US Capitol
- Elected by the people of each state every 2 years. - Number of representatives is based on the population of the state. - 435 Representatives in the House. - Speaker of the House is selected by the members of the majority party.

- Elected by the people of each state every 6 years.

- Every state, regardless of size is represented by two Senators. - 100 Senators in the United States Senate. - Vice President is the President of the Senate

Organization of the Executive Branch

President
Leader of the country And Commander in Chief of the Military Forces.

Vice President Executive Agencies

Make regulations that help to implement Laws.

President of the Senate and Becomes President if the President is unable to serve.

Departments
Department heads advise the President on policy issues and help execute those policies.

Independent Agencies
Help carry out policy or Provide special services.

The Judicial Branch

The Supreme Court

This is the highest court in the land. The most important responsibility is to decide cases that raise questions of constitutional interpretation. The Court is able to overrule both federal and state laws when they conflict with its interpretation of the Constitution. Its decisions are final unless changed by a Constitutional Amendment.

The Supreme Court is composed of nine justices. The justices are appointed by the President, but must be approved by the Senate. Once appointed, the justices serve for life unless they retire, resign or are removed in accordance with the Constitution. There are no official qualifications for justices; however, they must be trained in law.

The States

Power is shared between national, state, and local governments. This is called Federalism. Most states replicate the governmental structure as the United States government

Exclusive Powers
National Government
Print money Regulate interstate (between states) and international trade Make treaties and conduct foreign policy Declare war Provide an army and navy Establish post offices Make laws necessary and proper to carry out the these powers

State Government
Issue licenses Regulate intrastate (within the state) businesses Conduct elections Establish local governments Ratify amendments to the Constitution Take measures for public health and safety May exert powers the Constitution does not delegate to the national government or prohibit the states from using

Concurrent Powers
(Shared Powers) Collect taxes Build roads Borrow money Establish courts Make and enforce laws Charter banks and corporations Spend money for the general welfare Take private property for public purposes, with just compensation

Organization of State Government

State Constitution

Legislative Branch
Two Houses*

Executive Branch
Governor & Administrative Agencies

Judicial Branch
- Municipal - District - Appellate - Supreme Courts

* Nebraska has a single chamber legislature.