U.S.

Constitution and
Government
 Goals
 Examine the Constitution ( 美国宪法 )
 Describe the Bill of Rights
 Explain the Legislative ( 立法 ), Executive ( 执行 ) and
Judicial ( 司法 ) Branches of the US government
 Explain Checks and Balances

Be sure to take notes and be ready to answer the questions

– you will have essay questions on this for your final
exam!
 Did you know?
Although the U.S. Revolutionary War ended in 1783,
the Constitution was not adopted until 1787.

WHY NOT??
 REMEMBER
 Many of the first colonists had experienced religious and
political persecution ( 迫害 ) in Europe.
 So they did NOT trust the government!
The first president of the US demonstrated
this distrust.

“ Government is not reason, it is not

eloquence ( 口才 ), it is force; like fire, a
troublesome servant and a fearful master.
Never for a moment should it be left to
irresponsible action.”
George Washington
 Leading by example…
 As the nation’s first president, Washington set a good
example. Rather than staying in office (even though he was
popular!) – he refused to be a ‘king’, and resigned from the
position of president after 2 terms (8 years) and went home.
 This set an example that was later made into law as the 22nd
Amendment.
 Different Views
 As a new country, the US used a document called the Articles of
Confederation to agree on how to run the country. However, the
Articles were weaker – for example, they did not have any
provisions for taxes,and they made no mention or provision for
things like national courts. A new document, a CONSTITUTION
was called for.
 Before the Constitution was written and accepted by all the states,
people had different views of what the government should be like.
 Federalists SUPPORTED the new Constitution, anti-federalists
opposed it.
 4 Basic Ideas
1 Popular Rule- (Government)–
• Government is of the people, by the people and for the people.
• The people elect leaders to make decisions.
2 Limited Government - 有限政府
• Government must do what the Constitution says.
• Leaders who disobey can be removed.
3 Federalism ( 联邦制 )
• Powers are divided between national govt. and states
• Some powers are shared between them
• in a dispute, the federal government has supreme power.
4 Separation of Powers - 三权分立
• no one branch of government has too much power.
 In-Class Exercises
1. Why did the early Americans distrust a federal government?

2. Name at least 1 basic idea behind the Constitution.

 3 Branches
 Legislative – Makes the Laws - 建立 ,改变
法律
 Congress: the Senate and the House of
Representatives
 Executive Branch – Makes sure the laws
are followed and put into action ( 执法 )
 the President of the United States
 Judicial Branch – Interprets the Laws ( 解
释法律 )
 the Supreme Court
 Checks and Balances
 Inspired by Polybius’波力比阿斯（古代希腊历史学家）
(2nd Century) theory on checks and balances for the Roman
Republic
 Its purpose was to make sure no one part of the government
would have too much power.
 Legislative Branch
立法
 House of Representatives (435 currently- –
determined by population) and the Senate
(100)
 number of House - representation by
Legislative Checks
population Override ( 覆盖 ) the
 number of Senate helps smaller states have a president’s veto ( 否决 )
voice. Approve treaties ( 条约 )
 Make new laws and change current laws Approve jobs in
government made by the
 Distribute federal ( 联邦 ) money
President
 Make post offices and roads Can impeach (fire) the
president
 Make laws for interstate ( 州际 ) business Can make new federal
and transportation
courts or get rid of them.
 Have the power to declare war
 Executive Branch
President has several
leadership roles Executive Checks
Chief Executive
 Can suggest new laws to
(CEO of the Country!) Congress
Chief of State (Top
 Can veto ( 否决 ) laws made
Diplomat 外交官 ) by Congress
Chief Legislator ( 立  Can negotiate foreign
委 ) – Leader of both treaties ( 外国条约 )
branches of Congress  Chooses federal judges ( 法
Commander in Chief 官 ) Congress has to approve
them)
(Top military 军事
 Can give pardons to federal
officer) criminals
 In-Class Exercises
3. What are the 3 branches of the US government?

4. What are the 2 parts of the United States Congress?

How do they ‘balance’ each others’ powers?

5.. Name one responsibility and 1 ‘check’ held by the

legislative branch of the government.

Judicial Branch
Interprets the Constitution – ( 解
释法律 ) Judicial Checks
Can declare executive
 “ To preserve and protect” – their (presidential) acts
job is to protect the rights of unconstitutional
citizens ( 保护公民权利 )given in Can declare laws
unconstitutional
the Constitution
Can declare acts of Congress
unconstitutional
 works with federal law
Lifetime appointment ( 一生的事
 can hear appeals ( 申诉 ) from 业)
State courts
 has power to declare laws and acts
unconstitutional ( 非立宪的 )
 Federal
(National) Separation of Powers
Powers
State Powers
Make rules of interstate & foreign trade
Create business laws
Foreign policy
Controls trade
Create & manage Raise taxes within state
the military ( 军事 )
Set up new banks
Make &
Make copyright ( 版权 )
& patent ( 专利权 ) laws Borrow money manage schools

Print money Provide criminal justice Make local

( 刑事法庭 ) governments
Start and End Wars
Admit new states Provide public welfare Make laws about
( 公益事业 ) marriage & divorce
Create federal courts
Hold elections –
Create & maintain postal offices state and national

Set standard weights & measures Provide for public safety

 State Legislature
 State governments look like the national government

 state congress (may use different names)

 all (except Nebraska) have 2 houses (House of Representatives - 众
议院 and Senate - 参议院 ), like the federal government).
 Within states, there are also county and city positions

 mayor, school board, etc.

 City governments can vary (New York’s is very like the national
government, because it is so big), others have a town council, very
small areas may have town meetings.
 In-Class Exercises
6. Name at least 1 power (each) of the state and federal
government, and one power they share.
 Bill of Rights
 Many Americans were afraid the Constitution gave the
government too much power.
 They said the document did not have a Bill of Rights.
 People remembered the British had ignored ( 忽略 ) their
rights and treated them badly.
 In 1791, the Bill of Rights was added to the Constitution.
 U.S. Bill of Rights
and Amendments to the Constitution
 1791 Bill of Rights added to the Constitution. JAMES MADISON
worked closely with George Washington. When they introduced
the Bill of Rights, he was the primary author of the Bill, drafting
12 amendments, ten were accepted and made into law.
 The Bill of Rights is the first 10 Amendments ( 修正案 ) to the
Constitution
 Added to make all Americans feel safer.
 Bill of Rights rap
 We’ll examine a few ...
 Amendment ( 修正案 ) One guarantees:
 freedom of religion
 freedom of speech
 freedom of the press ( 新闻自由 )
 freedom of assembly ( 集会自由 )
 freedom to petition the government ( 向政府请愿的自由 )
 First Amendment (cont’d)
 One of the most widely known and best loved of the amendments.
 allows for freedom of all religions BUT there is a strict separation
between church and government (this is different in the UK where
the Church of England is connected with the UK government)
 has made the United States a refuge ( 避难所 ) for people of many
religions escaping persecution ( 迫害 )
 Amish ( 阿米什 )
 Jews
 Freedom of speech
 You can say what you like
 Allows citizens to protest against unfair treatment, not just
by the government, but by corporations, individuals, etc.
 Freedom of the Press
(新闻媒体 )
 Press can say, write and broadcast what it wants

 In practice, press has bias (depending on who owns it)

 Helps to keep citizens, legislators and corporations honest

 Watergate (break-in of Democrat headquarters by burglars –

eventually connected to a fund to re-elect Nixon ( 在 1972 年的總統
大選中，時任的美國共和黨總統尼克森為了競選連任，利用總統
的職權之便，動用了「國家機器」介入選舉，以 CIA 退休幹員對競
選對手進行監聽，取得了民主黨內部競選策略的情報。 )
 Nixon was later impeached (fired) by Congress
 funny clips
 Freedom of Assembly ( 集会自由 )and
Petition ( 向政府请愿的自由 )

 Peaceful protest
 Civil rights movement
 Iraq War
 Pro-choice/Pro-life (people

for and against abortion - 流产 )

 Second Amendment – right to bear arms (carry a gun)
 Third Amendment – not required to house or feed soldiers
 Fourth Amendment – the police cannot enter your house
without a warrant ( 保证 ) – needs to describe what they
can look for and take. They have to keep a list of anything
they take and if it is not illegal, they have to give it back to
you!
 In-Class Exercises
1. Choose the best definition of government as a ‘social
contract’ :
a. People must obey the government because they have signed a
contract
b. Government is like a contract, if people don’t like something,
they can change it
2. This Amendment guarantees freedom of speech, religion,
assembly and the press.
 Fifth Amendment
 Protects citizens from being sued ( 起诉 )twice
 Government can’t take private property without giving fair
compensation
 You cannot be forced to testify against yourself
 Often seen in films
 Some people complain this is abused (funny clip)
 Sixth amendment – guarantees a fast public trial by a jury
(陪审团 ) of 12 peers ( 同行 ) in the state where the crime
occurred
 you must be told about what you are accused of
 you have right to hear witnesses ( 见证 ) against you and call
witnesses to support you.
 a free lawyer is provided by the government
 Seventh amendment – civil suits ( 诉讼 ) worth more than
20 dollars, guarantees a jury trial (lawsuits).
 In-Class Exercises
3. Name and describe at least 3 of the first 4 amendments and
say what rights they protect.
 Eighth amendment
 no cruel or unusual punishment
 no excessive bail ( 过多保释 )
 no excessive fines ( 过多罚款 )
 Ninth Amendment
 can’t deny others’ rights
 powers given to people
 Tenth Amendment
 other powers go to the states.
 In-Class Exercises
4. Name and describe at least 3 of Amendments 5-10.
 Other Amendments
 Altogether, there have been 27 Amendments made to the
Constitution.
 Some notable Amendments:
 Thirteenth Amendment: Stopped slavery
 Nineteenth Amendment –Gave women the right to vote
 Twenty-Second Amendment – limits presidents to two terms.
(maximum eight years)
 Problems
 Like any document, the Constitution is not perfect.
 It can still be changed – both Congress and all the states have to agree to
change it.
 Some changes that have been discussed frequently:
 Gun Reform – the number of gun attacks is rising
 Electoral College -in elections, it is winner take all – if you get the most votes
in a state, you win the whole state – it means the state vote can be different
than the popular vote – George Bush term
 Campaign Finance Reform – public money for elections – stop businesses
and other groups from giving money to politicians