Parent Primer: Democracy and Government
Around 4th or 5th grade, your child will begin learning about the concepts of democracy and about our own government. Use our refresher course on the basics of the documents, history, and ideology of the U.S. government so you can help your child understand what makes America unique.
One of the most vital parts of your child's education is social studies, which begins the moment he walks into his first day of preschool or kindergarten and begins to be part of a community: a citizen of the school. Encouraging your child to follow rules, respect others, and value cooperation and teamwork at home lays an important foundation not only for good citizenship, but also for understanding the principles behind government.
The Story of the Constitution
The Bill of Rights
Other Important Amendments
Branches of Government
Kinds of Government
Glossary
In 1776, the 13 states had just declared their independence from Great Britain and needed to adopt their own system of government. Wary of giving too much power to a central national leadership, the Articles of Confederation adopted in 1777 (though Maryland waited until 1781 to sign it) left almost all of the power with the individual states, and required all 13 states to unanimously agree to any amendment to the federal government's power. But the lack of a central government to regulate commerce, impose taxes, settle disputes between the states, or support a war effort soon showed that the Articles were insufficient. The states were suffering from severe inflation and economic disaster seemed imminent.
In 1786, James Madison, who would later become the nation's fourth president, called on the states to send delegates to work on revising the Articles. The following year, representatives from 12 states arrived in Philadelphia for what would become known as the Constitutional Convention. Rhode Island refused to participate. Its leaders believed the purpose of the convention was not to "revise" the articles, but to construct an entirely new government that included a strong central power.
Revolutionary War hero George Washington was unanimously elected to preside over the convention, which included famous Americans Benjamin Franklin, Alexander Hamilton, and George Mason among its attendants.
At the beginning of the convention, Edmund Randolph, the governor of Virginia, introduced the idea of a three-branched federal government. The concept of splitting the national government into a legislative, judicial, and executive branch with checks and balances became known as the Virginia Plan.
There were also proposals to leave most of the power with the states (the New Jersey Plan) and Alexander Hamilton proposed its opposite, a return to monarchy. The most heated battle was about how the states would be represented in congress and how population would be counted. Eventually, the deputies reached The Great Compromise, which guaranteed that states would be equally represented in the Senate, while representation in the House of Representatives would be based on population. The population would be determined by the number of white inhabitants plus three fifths of "other people" — slaves. Finally, in September 1787, the delegates agreed on the draft of the Constitution and signed it. Now it had to be ratified by at least 9 out of 13 states.
The nation divided into Federalists (those who supported the Constitution), and the Anti-Federalists. The lack of a Bill of Rights guaranteeing individual rights was the Anti-Federalists' biggest and strongest argument. When the framers of the Constitution agreed to add these amendments, the Constitution was finally approved by enough states in the summer of 1788.
To reacquaint yourself with the text of the Constitution, visit the National Archives online, where you can also view the actual document.
The first 10 amendments to the Constitution are also called The Bill of Rights. To summarize, the amendments are:
- 1. Guarantees freedom of speech and religion, as well as the freedom to protest and petition.
- 2. Grants the freedom to keep and bear arms and states the need for an armed force.
- 3. Prohibits soldiers from living in anyone's house (private property) without permission.
- 4. States that private property cannot be searched without a warrant, which must be given on the basis of probable cause.
- 5. Guarantees "due process of law" and that people cannot be held for a capital crime (like murder) without an indictment from a Grand Jury. Also prevents a person from being tried for the same crime twice (double jeopardy), gives individuals the right not to testify again themselves (think, "I'll take the 5th"), and prevents the government from taking private property without adequate compensation.
- 6. Promises the right to a speedy trial by an impartial jury and to have a lawyer. Also states that citizens have the right to know what they are charged with and to subpoena witnesses to testify.
- 7. Gives the right to a jury in civil (non-criminal) cases if desired.
- 8. Prohibits excessive bails, fines, and "cruel and unusual" punishment.
- 9. Expresses that just because certain rights have been specifically listed, it does not "deny or disparage" other, unmentioned individual rights.
- 10. Declares that powers not given to the U.S. government are reserved for the states or individuals.
Read the full text of the Bill of Rights.
The Constitution, as of the writing of this primer, has 27 amendments. In addition to the Bill of Rights, your child may be required to know:
- 13th Amendment - Abolished slavery.
- 14th Amendment - Said every person born in the U.S. was a citizen. Made representation based on true population.
- 15th Amendment - Guaranteed the right to vote to all races, including former slaves.
- 18th Amendment - Banned alcohol and started Prohibition. Repealed by the 21st Amendment.
- 19th Amendment - Gave women the right to vote.
- 22nd Amendment - Set Presidential term limits (a President can only serve two times).
- 26th Amendment - Lowered voting age to 18.
The Constitution divided the federal government into three distinct branches with a set of checks and balances built in so that no one branch can gain all the power. For example, Congress passes laws, but the President can veto any bill and prevent it from becoming a law or the Supreme Court can decide that a law is unconstitutional and repeal it.
Each branch has a distinct role and set of powers:
The Executive Branch
The President is the leader of the country and of the executive branch, which also includes the Vice President, the Cabinet, and independent and executive agencies, such as the CIA and the EPA.
The President is the Commander in Chief of the military, approves or vetoes bills passed by congress, nominates judges for the Supreme Court (and other federal courts), can pass federal rules and regulations (called executive orders), and is responsible for foreign relations.
The Vice President's only prescribed job is to preside over the Senate, to become acting President if the President is temporarily unable to perform his duties, and to step into the role upon the President's death, resignation, or impeachment.
To learn more about any of the U.S. Presidents, visit the White House Web site.
The Judiciary Branch
The Judiciary Branch is made up of all the federal courts, which are headed by the Supreme Court. The Supreme Court is the only court specified by the Constitution, which makes it the highest court of the land. It is made up of a chief justice and eight associates, each having one vote. The decisions of the Supreme Court do not have to be unanimous — the majority rules.
The court's most important power and function is to decide cases involving the application and interpretation of the Constitution. Ultimately, the Court can decide whether a law or situation is unconstitutional and needs to be repealed or if it is constitutional and stands. The Supreme Court's decision is final and overrides all acts of Congress. If Congress wants to reenact a law the Supreme Court has found unconstitutional, they can try to amend the Constitution — no easy feat, since an Amendment must be passed by two-thirds of both the Senate and the House, and then voted on by the states.
All federal judges, including the Supreme Court Justices, are appointed for life to insure their decisions are not biased or influenced by the need to be reappointed. They cannot enact or enforce laws, only decide cases.
The Legislative Branch
Congress makes up the bulk of the legislative branch, which has the power to make laws for the country. Agencies like the Library of Congress, Congressional Budget Office, and other groups that support Congress compose the rest of the branch. Congress is responsible for writing, debating, and passing bills, coining money, maintaining the military, declaring war, and regulating interstate and foreign commerce. It also has the power to amend the Constitution and impeach the President.
Congress is a bicameral institution made up of the Senate and the House of Representatives. Originally, Senators were appointed by their respective state legislatures, until the 17th Amendment put that choice to direct popular vote. There are 100 Senators and 435 Representatives.
For a bill to become a law, it must go through a very involved process, but the important steps are the simple ones outlined in the Constitution: A majority of each the House of Representatives and Senate must vote for it, and the President must sign it. If he vetoes it, two thirds of each the House and Senate must vote in favor of the bill for it to pass.
In reality, the process is much more complicated. Every bill is introduced in one of many committees, where the members decide, after discussion and revisions, whether it will make it to the floor. Once on the floor, it is debated, amended, and voted upon. Once it passes in one chamber, it must pass in the other — at this point, it is often combined with a similar bill from the opposite chamber. A joint committee will meet to come to a compromise, and then the new, revised bill will have to be passed again by both the House and the Senate. If there is no parallel bill, it will go directly to the floor of the other chamber for debate, changes, and a vote. Of the thousands of bills introduced every year, only a small percentage make it to the President's desk for his signature.
Most curriculums include a discussion and comparison of other forms of government so that your child can better appreciate the benefits of representative government and see the strengths and weaknesses of other systems.
Anarchy - No government at all. Anarchists believe that governments in general should be abolished and individuals should be left to freely organize themselves (or not).
Communism - A system in which private ownership of property or wealth is eliminated. Instead, all goods are shared and owned by the common people, who work and live together. The most well-known Communist states are China and the former Soviet Union. Both of these show the flaws in the actual practice of Communism, most prominently the practice of a totalitarian government that owned and controlled all major industries including the media, as well as the society's education, culture, and religion (or lack of).
Democracy - A form of government that gives supreme power to the people and lets them exercise it either directly (as in New England town meetings) or indirectly through representatives chosen through free elections.
Feudalism - A system of ruling (practiced in Europe from roughly the 9th to 15th centuries) that puts the power into the hands of major landowners (i.e. lords) who rule over the tenants (vassals) of the land, who must pay the landowners to live and work on that land.
Monarchy - A form of government that is ruled by a single person (such as an emperor or queen), who (usually) inherits the position and has it for life.
Parliamentary - A system in which the supreme legislative body is a gathering of nobility, clergy, and common people. The United Kingdom is the main example.
Totalitarianism - A form of government ruled by an absolute dictator, whose power is not restricted by law or a constitution. Synonymous with despotism, autocracy, tyranny, dictatorship.
Find definitions of words and concepts used above, as well as other terms your child might encounter while studying civics.
Alien - A person who is not a legal citizen of the country he or she is living in.
Bicameral - A governing body that has two branches, chambers, or houses, such as Congress.
Cabinet - An advisory council of a president or leader. In the U.S., it is made up of the heads of different departments such as the Secretary of Agriculture, Secretary of State, and Secretary of Homeland Security.
Charter - A document creating and defining the powers and rights of a region (or other enterprise); a constitution.
Citizen - A legal member of a nation (or community).
Civics - The study of citizenship and government.
Constituency - A group of citizens that vote in a particular election district and elect someone to represent them.
Delegate - A person who represents others at a conference or convention.
Divine Right - The belief that kings had the right to rule and could do no wrong because their power came directly from God.
Elastic Clause - Article I, Section 8 of the Constitution grants Congress the power to pass any laws necessary to carry out their listed powers.
Referendum - A law or policy that is voted on directly by the people - the general votes decide whether it will pass or fail.
Repeal - To cancel or take back a law (or Constitutional amendment) that's been enacted.
Sovereign - 1: A ruler or chief; one holding supreme power. 2: Independent, self-governing, either as a state or as an individual.
Unenumerated Rights - Rights not specifically listed or named in the Constitution or Bill of Rights.
Veto - When the President refuses to approve a bill and prevents it from passing into law.
LESSON PLAN
