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US Civics Guide and Education
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United States Civics 101

personal freedoms guaranteed under the u.s. constitution

1/2

America's social contract - By & For the People


    America's republic system of government

    U.S. Constitution

    America's Self-government System Was a Revolutionary Change From The Oppressive Rule Under a King

     No longer Subjects of a King, the United States formed a Constitutional Republic style government system. 

     

    Recognized names for the American Government System include: 

    - Republic

    - Constitution-based federal Republic

    - Representative Democracy

    (source: uscis.gov)


    The United States has a representative system of self-governance - through the democratic process, citizens choose fellow citizens from their communities and states to represent them in their government bodies - to make laws; set policies to protect their 

    freedoms, liberties and general welfare.


    *

     U.S. Constitution Article VI:    The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, 

    shall be bound by Oath or Affirmation, to support this Constitution;

    but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.    
    * 

    9th Amendment   The enumeration of the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the People.

    *

    In America, the People have personal freedoms & liberties, which neither the State or Federal government can encroach upon.
    The Constitution limits the powers of government, and binds the People of each State together in this Republic system of Self-governance.


    Federal Government Representatives include: 

    The U.S. Senate - Each state has two representatives  

    The U.S. House of Representatives – Each state has a number of representatives commensurate with their state’s population.  


     - Currently, there are: 100 Senators  435 House of Representatives 

    Democratic Voting Process

    The Democratic Process is How We Elect Representatives to Office

      In order to control their government and protect their life, liberty and pursuit of happiness, each citizen must be actively involved through 

    direct participation as a leader/member, and/or in the voting process for their local, state and federal governments.


    - A Citizen's responsibility is to learn the pros and cons of each representative, and vote into office a person qualified 

    to serve on their behalf.


     Over the centuries, the Federal & State government's powers have grown.  The fear of the government becoming oppressive rulers was well documented by the States (Colonies) and was a focus of many debates when deciding to join together as a Union, under U.S. Constitution. 


    It is up to an active, participating citizenship to keep Federal & State powers in check and stop a tyrannical government system from developing.
    (Please see Civics 101, Government 101 and Constitution 101 for more detailed information)   

    Does the Constitution Give Citizens Rights and Liberties?

     No.

    The Constitution guarantees them.

    The people had all their rights and liberties before they made the Constitution. 

     (source: U.S. Constitution Sesquicentennial Commission, August 23, 1935) 

    civics - united states civics and government

    We the People Rule

    The Federal Government has 3 departments/branches: Legislative, Executive and Judicial

    The Supreme Law of The Land

    U.S. Civics

      The People’s United States government is referred to in several ways: 

    Central government, 

    National government or 

    Federal government.  


    The U.S. Constitution states 

    the powers granted and 

    the powers prohibited to 

    each branch of U.S. government.


      A transparent government system 

    is necessary for citizens 

    to keep check on rules, regulations and laws which might infringe on their Rights, Liberties and Freedoms as outlined in the Constitution.  


    The media - 

    Investigative journalists acting as unbiased "watch-dogs" are essential 

    to bring forth information 

    to the public and 

    highlight government actions and policies, and to expose misdeeds by their representatives. 

    The Supreme Law of The Land

    The Federal Government has 3 departments/branches: Legislative, Executive and Judicial

    The Supreme Law of The Land

    U.S. Constitution

     The Supreme Law of the Land is:


    1.  The Constitution of 

    the United States


    2.  All laws made in 

    pursuance thereof 

    (based on Constitutionality)


    3.  All Treaties made, or 

    which shall be made, 

    under the 

    authority 

    of the United States


    4.  All judges in every 

    State shall be bound 

    thereby, notwithstanding

     any thing in the 

    constitution or laws 

    of any State to 

    the contrary.


    9th Amendment -

    The enumeration 

    of the Constitution, 

    of certain rights, 

    shall not be construed to 

    deny or disparage 

    others retained by the People.

     

    The Federal Government has 3 departments/branches: Legislative, Executive and Judicial

    The Federal Government has 3 departments/branches: Legislative, Executive and Judicial

    The Federal Government has 3 departments/branches: Legislative, Executive and Judicial

    Senate

          Each department, or branch is equal to the other and they act as a “check” on the other branch's powers, and have rules to keep their own branch in check and balanced. 


    “Checks and balances” 

    ensures that no one branch of government - 

    or all three combine power - 

    and become tyrannical 

    with the immense powers 

    the People entrust in their care. 


    FEDERALISM -  refers to the system of dual powers -  the State's & the Federal Union's.  

    Each State has their own Constitution which addresses their state's interests, policies, procedures and laws.  There are shared and separate powers belonging to each state and to the federal government, and these powers are explicit and implicit in the U.S. Constitution.  


     10th Amendment 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 the Law-making Power of the United States government is Limited to the Congress.

    The the Law-making Power of the United States government is Limited to the Congress.

    The Federal Government has 3 departments/branches: Legislative, Executive and Judicial

    U.S. Congress

          Congress has two chambers (bodies) A bicameral system - the Senate and the House of Representatives.

    Both chambers are 

    required to make laws.
     Neither chamber 

    of Congress 

    acting separately 

    can enact a law.      


    Congress can not delegate 

    its power 

    to make laws 

    to an executive department or to an administrative officer, nor can any department or officer repeal, extend, or modify an act of Congress.  


         Article I, Section 1 of the U.S. Constitution states:   All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.   Article I, Sections 

    1 – 10 include the following:  
    The Senate 

    1. How Senate is composed  

    2. Eligibility Requirements for office 

    3. Tenure of office 

    4. By whom chosen Art

    5. When chosen

    6. How classed

    7. Vacancies

    8. Vote

    9. Presiding officer

    10. Senate Powers


    The House of Representatives 

    1. Proportion 2. Apportionment

    3. Eligibility 4. Term of office 5. By whom chosen 6. Electors 7. Vacancies

    8. Census  9. House powers 

    The Executive Branch

    The the Law-making Power of the United States government is Limited to the Congress.

    The Executive Branch

    U.S. President

     
        Article II, Sections 1 of the U.S. Constitution states: 


    The executive Power shall be vested 

    in a President of the United States of America. 

    He shall hold his Office during the 

    Term of four Years, and, together 

    with the Vice President, 

    chosen for the same Term, 

    be elected, as follow:


    Each State shall appoint, in such 

    Manner as the Legislature 

    thereof may direct, 

    a Number

     of Electors, 

    equal to the whole Number of 

    Senators and Representatives 

    to which the State may be 

    entitled in the Congress: 

    but no 

    Senator or Representative, 

    or Person holding an 

    Office of Trust 

    or Profit 

    under the United States,

     shall be appointed an Elector.



        Article II, Sections 1 – 4 

    include the following:


    1. Term of office

    2.  By whom chosen

    3. Voting & Electors

    4. Oath of Office

    5. Salary

    6. Powers & Duties

    7. Vacancies 

    The Judicial Branch

    The the Law-making Power of the United States government is Limited to the Congress.

    The Executive Branch

    U.S. Supreme Court

     Article III, Section 1 - 3 of the U.S. Constitution includes:


    The judicial Power of the 

    United States, shall be vested 

    in one supreme Court, and 

    in such inferior Courts 

    as the Congress may from 

    time to time ordain and establish. 

    The Judges, both of the 

    supreme and inferior Courts, 

    shall hold their Offices during good Behaviour, and shall, 

    at stated Times, 

    receive for their Services, a Compensation, which shall not be diminished during their 

    Continuance in Office.  


     The Judicial Power shall 

    extend to all Cases, 

    in Law and Equity, 

    arising under 

    this Constitution, 

    the Laws of 

    the United States, 

    and

     Treaties made, or 

    which shall be made, 

    under their Authority . . .  

    The Bill of Rights - Amendments I-X

      Growth of the Republic 1787 - Present

        The Social Contract theory that united the states

        Origins of the Social Contract Theory

        John Locke (1632-1704) Enlightenment period philosopher on the Social Contract Theory

        John Locke (1632-1704) Enlightenment period philosopher on the Social Contract Theory

          The term “Social Contract” was used by many great philosophers who added to the debate about the best and most natural form of union in a society between man, his fellow man, and the government body.  


        In the fourth century B.C. great philosopher Plato put forth several central doctrines having to do with human values and human virtues, and Aristotle questioned the political status quo of oppressive government structures. 


        Over the centuries, many great philosophers like Thomas Hobbes, Bernard Mandeville, and Jean-Jacques Rousseau wrote their arguments on the Social Contract - a moral and political theory.  


        Philosopher John Locke, also wrote his 

        Social Contract theories.  

        America's founders 

        based the principles 

        of their new country on 

        Locke's theories of

         inalienable rights, 

        such as, the

        freedom & liberty 

        bestowed on 

        each individual as a birthright 

        by the Creator of all; 

        and government restraint in the lives of the people.

        John Locke (1632-1704) Enlightenment period philosopher on the Social Contract Theory

        John Locke (1632-1704) Enlightenment period philosopher on the Social Contract Theory

        John Locke (1632-1704) Enlightenment period philosopher on the Social Contract Theory

         A starting point for human association as described in John Locke’s Social Contract theory is referenced in The Declaration of Independence. 


        The Declaration of Independence was the first announcement of the reasons for separation from the British Crown - and it expressed the spirit of the new association of the People.


        The thirteen united States declared their desire to break their political bands with England and, 


        “. . . assume among the Powers of the Earth, the separate and equal Station to which the Laws of Nature and of Nature’s God entitle them . . .


           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; 


        that, to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed; 


        that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or to abolish it, and to institute a new government laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness . . ."

        America's Founding Principles State of Nature & Laws of Nature

        John Locke (1632-1704) Enlightenment period philosopher on the Social Contract Theory

        America's Founding Principles State of Nature & Laws of Nature

          John Locke and the United States of America believe in a Creator as the beginning source of human life. 

        It is this Creator (not a religion) that has bestowed on each individual as a birthright liberties and obligations. 


        According to Locke, a person who is born into this world is considered to be born into a 

        State of Nature. 


        Locke defines State of Nature as, “Men living together according to reason without a common superior on earth, with authority to judge between them, are properly in the state of nature.” 


         Locke’s Laws of Nature, “…teaches all mankind, who will but consult it, that being all equal and independent, no one ought to harm another in his life, health, liberty, or possessions: for men being all the workmanship of one omnipotent… For the law of nature would, as all other laws that concern men in this world, be in vain, if there were nobody that in the state of nature had a power to execute that law, and thereby preserve the innocent and restrain offenders.”   


         It is these words and spirit of the great philosopher John Locke’s An Essay Concerning the True Original, Extent and End of Civil Government that embrace what became America’s ideals and principles for individual freedom and government restraint. 

        Government tyranny led the People to create a new government system - for the people - to protect individual liberty & freedom

          U.S. Constitution 101

          Does the Constitution Give Citizens Their Rights and Liberties?

          Does the Constitution Give Citizens Their Rights and Liberties?

          Does the Constitution Give Citizens Their Rights and Liberties?

          No.

          The Constitution guarantees them.

          The people had all their rights and liberties before they made the Constitution.



                 The Constitution was formed, among other purposes, to make the people's liberties secure 

          - secure not only as against foreign attack but against oppression by their own government.


          They set specific limits upon their national government and upon the States, and reserved to themselves all powers that they did not grant.  


          The Ninth Amendment declares:  

          "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."  



          (source: U.S. Constitution Sesquicentennial Commission, establishd by a Joint Resolution of the Congress of the United States, approved August 23, 1935). 


          What is meant by the term "Constitution"?

          Does the Constitution Give Citizens Their Rights and Liberties?

          Does the Constitution Give Citizens Their Rights and Liberties?

            

                  A Constitution embodies the fundamental principles of a government.  


          Our constitution, adopted by the sovereign power [the People], is amendable by that power only.  


          To the constitution all laws, executive actions, and judicial decisions must conform, as it is the creator of the powers exercised by the departments of government. 



          When Did The Constitution Take Effect?


          The Constitution became binding upon nine States by the ratification of the ninth State, New Hampshire.

           June 21, 1788 (Art. VII)

            

          • After New Hampshire became the ninth state to ratify, the Confederation Congress established March 4, 1789, as the date to begin operating under the Constitution. 


          (source: U.S. Constitution Sesquicentennial Commission, August 23, 1935). 


          How can the signing of the Constitution be unanimous, when delegates from only twelve States signed and some delegates refused to sign?

          How can the signing of the Constitution be unanimous, when delegates from only twelve States signed and some delegates refused to sign?

          How can the signing of the Constitution be unanimous, when delegates from only twelve States signed and some delegates refused to sign?


               The signatures attest the "Unanimous Consent of the States present."  The voting was by States, and the vote of each State that of a majority of its deputies.

           [see Constitution, Article VII] 



           In what order did the States ratify the Constitution?  


          The Constitution would take effect once it had been ratified by nine of the thirteen state legislatures — unanimity was not required 


           Delaware, Pennsylvania, New Jersey, Georgia, Connecticut, Massachusetts, Maryland, South Carolina, New Hampshire, Virginia, and New York. 


          After George Washington had been inaugurated on  April 30, 1789, Rhode Island (5/29/90) and North Carolina (11/29/89) ratified.


           


           



          Federalist v Anti-Federalist

          How can the signing of the Constitution be unanimous, when delegates from only twelve States signed and some delegates refused to sign?

          How can the signing of the Constitution be unanimous, when delegates from only twelve States signed and some delegates refused to sign?

           An Anti-Federalist was against the ratification of the U.S. Constitution because they feared a Federal government with greater powers would encroach on an individual's and State's Liberties and Freedoms and become tyrannical.  


          A Federalist was a person who was for the new U.S. Constitution, and a stronger Federal government body.  


            Federalists James Madison, Alexander Hamilton, and John Jay wrote articles, or letters which were published in local newspapers in defense of the proposed Constitution.

          These writing were called the Federalist Papers. 

          Eighty-five (85) articles outlined not only reasons for the necessity of a Federal Constitution, but also explained their thinking, planning and intentions of the rights and prohibitions found in the language of the U.S. Constitution. 

          Article No. 10, warns of the dangers of factions 

          No. 51, which explains the structure of the government structure of checks and balances, to protect the rights of the people. 


          https://www.whitehouse.gov/about-the-white-house/our-government/the-constitution/

          American Principles Found in The Federalist Papers #10 & #51

            The Executive Branch

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            The Legislative Branch

            The President, Vice President & Cabinet 


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            Declaration of Independence

            Learn facts, history and read the text

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            Declaration of Independence

            Colonial Government Systems

            Declaration of Independence

             The Declaration of Independence from English rule under King George III was made at a time when individual freedom and liberty was only imagined.  

            Read the Document

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            God & The Golden Rules - The Foundation of LifE & Law

            The Golden Rules of a Civil Society

            The Golden Rules of a Civil Society

            The Golden Rules of a Civil Society

            Golden Rules in America

             America was founded on the Judeo-Christian principles expressed in the Ten Commandments. The Biblical Abraham, has been widely accepted by Jewish, Christian and Muslim religions as the Father of all nations. Moses, as told by the Old Testament, brought the tablet of Commandments as stated by God, to all the People of the World to follow.   



             
             


            The Golden Rules of a Civil Society

            The Golden Rules of a Civil Society

            Ten Commandments

             Throughout the ages, the Commandments IV-X (4-10) have been accepted universally as the "Golden" Rules, which are the basic behaviors expected in a civil society, and are the foundation of many laws in America and throughout the world. 


            "Thou Shalt Love Thy Neighbor as Thy Self"

            In God We Trust

            In God We Trust

            In God We Trust

            In God We Trust

             "In God We Trust" refers to trusting the Creator of life and the Universe, and does not refer to a particular religion or a government body which might claim to rule by divine right. 


            * * *

             God in the United States refers to the Creator (referenced in the Declaration of Independence). This Creator created everyone at birth with equal and unalienable rights, to life, liberty and the pursuit of happiness - 

              

            The U.S. Declaration of Independence begins:

            ”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 . . ."

            E-Pluribus Unum

            In God We Trust

            In God We Trust

            E Pluribus Unum

            Latin for "Out of Many, One."


             There are many religions practiced in the United States, and the First Amendment of the Constitution provides the People the guaranteed freedom to believe or not believe in a religion or God - without government interference.  Also, no government body can establish a religion (or religious sect) which citizens must follow. 


            The First Amendment begins:

              "Congress shall make no laws respecting an

            Establishment of religion, or

            Prohibiting the free exercise thereof; 

            Or Abridging the Freedom of speech . . ."

            U.S. Supreme Court - Major First Amendment Cases

            Freedom of speech includes the right:

            Freedom of speech does NOT include the right:

            Freedom of speech includes the right:

             

            1.   - Not to speak (specifically, the right not to salute the flag).
              West Virginia Board of Education v. Barnette, 319 U.S. 624 (1943).


            • Of students to wear black armbands to school to protest a war (“Students do not shed their constitutional rights at the schoolhouse gate.”).
              Tinker v. Des Moines, 393 U.S. 503 (1969).


            • To use certain offensive words and phrases to convey political messages.
              Cohen v. California, 403 U.S. 15 (1971).


            • To contribute money (under certain circumstances) to political campaigns.
              Buckley v. Valeo, 424 U.S. 1 (1976).


            • To advertise commercial products and professional services (with some restrictions).
              Virginia Board of Pharmacy v. Virginia Consumer Council, 425 U.S. 748 (1976); Bates v. State Bar of Arizona, 433 U.S. 350 (1977).


            • To engage in symbolic speech, (e.g., burning the flag in protest).
              Texas v. Johnson, 491 U.S. 397 (1989); United States v. Eichman, 496 U.S. 310 (1990).

            Freedom of speech does NOT include the right:

            Freedom of speech includes the right:

            Freedom of speech does NOT include the right:

            Freedom of speech does NOT include the right:

            Freedom of speech does NOT include the right:

             

            To incite imminent lawless action.
            Brandenburg v. Ohio, 395 U.S. 444 (1969).


            • To make or distribute obscene materials.
              Roth v. United States, 354 U.S. 476 (1957).


            • To burn draft cards as an anti-war protest.
              United States v. O’Brien, 391 U.S. 367 (1968).


            • To permit students to print articles in a school newspaper over the objections of the school administration. 
              Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1988).


            • Of students to make an obscene speech at a school-sponsored event.
              Bethel School District #43 v. Fraser, 478 U.S. 675 (1986).


            • Of students to advocate illegal drug use at a school-sponsored event.
              Morse v. Frederick, __ U.S. __ (2007).


            Source: https://www.uscourts.gov/about-federal-courts/educational-resources/about-educational-outreach/activity-resources/what-does

            Disclaimer: These resources are created by the Administrative Office of the U.S. Courts for use in educational activities only. They may not reflect the current state of the law, and are not intended to provide legal advice, guidance on litigation, or commentary on legislation. 

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