The Constitution by Sf2NX74

VIEWS: 8 PAGES: 47

									The Constitution
  of the United States of America
               To be a concerned and active global citizen
               by being more internationally aware and
               having a deep understanding of the present.
                 Understand the basic principles of the Constitution
                 Be able to explain and identify the outline of power in

                 the Constitution
HW Assigned              Entry Task: When was the
Letter to Legislature    Constitution written? When did it
Political Leaders Quiz
                         take effect?
                                       Agenda
                         Constitutional Convention
                               • Clarifying Questions
                            Principles of the Constitution


                         Exit Task: Get familiar with the
                         preamble!
  Final Questions

• Presidents Age?
  • Term? GPA?
     • Other officials?
• Taxes?
  • Party fund?
• States?
  • Each individual
  • Each Row
  • Each Committee
Basics

• Written in 1787
• Took effect in 1789
  • Replaced the Articles of Confederation
  • Been in effect more than 200 years
    (longest lasting national constitution
• The Supreme Law of the Land
  • The highest form of law
  • A ‘living document’ that is always
    reinterpreted and applied
Basics

• Lays out the framework for the
  government
• Explains the basic procedures for the
  government
• Lists the limitations of the government
• Surprisingly short (compared to other
  such documents)
The Preamble (or introduction)

 We the People of the United States, in
 Order to form a more perfect Union,
 establish Justice, insure domestic
 Tranquility, provide for the common
 defense, promote the general Welfare,
 and secure the Blessings of Liberty to
 ourselves and our Posterity, do ordain
 and establish this Constitution for the
 United States of America.
Constitution

• Explains the 6 basic principles
  • Popular Sovereignty – the power lies with
    the people
  • Limited Government – the government
    only has the power that the people have
    granted to it
    • Constitutionalism – the government has to
      follow the constitution
    • Rule of law – the government and its officials
      are always subject to – never above – the law
Constitution

  • Separation of Powers – the legislative,
    executive, and judicial powers of
    government are divided among separate,
    but equal branches
    • Congress (legislative) – makes the laws
    • President (executive) – executes, enforces,
      and administers the laws
    • The courts (judicial) – interpret the laws and
      apply them (the Supreme Court interprets the
      constitution)
Constitution

  • Checks and Balances – each branch is
    subject to constitutional checks of the
    other branches
    • Veto – the president can reject a bill passed
      by Congress; Congress can override a veto
      with 2/3rd vote in both houses
    • Presidential appointments need to be
      confirmed by the Senate (including judges)
    • Courts can declare acts of Congress
      unconstitutional
    • Congress has oversight – or review of – all
      executive agencies
Constitution

  • Judicial Review – the courts check to
    make sure that what the government does
    is in accordance with the constitution
    • Unconstitutional – when a court finds that a
      law or action goes against the constitution,
      they declare it null, void, and illegal
    • Not in the constitution word for word –
      established by Marbury v. Madison (1803)
    • The Supreme Court has declared approx 150
      cases involving acts of Congress, over 1,000
      state laws, as well as several presidential acts
Constitution

  • Federalism – the division of powers
    between national and local levels of
    government
    • Addressed fears of an overly powerful central
      government and ignoring local needs and
      giving up local control
 Outline of the Constitution

• Preamble
• Article I (Legislative)
• Article II (Executive)
• Article III (Judicial)
• Article IV (Relations among the States)
• Article V (Amending the Constitution)
• Article VI (National Debts, Supremacy of
  National Law, and oaths of office)
• Article VII (Ratifying the Constitution)
Amending the Constitution

• When it was signed, the US was a
  small agricultural nation
  • Eastern seaboard was 1,300 miles
  • Travel was by horseback or ships
  • Fewer than 4 million people
• Today
  • 50 states, two coasts
  • Communication and travel are state of the
    art
  • 285 million people
Amending the Constitution

• The Constitution has endured to long
  because it has changed and developed
  over time
  • The Constitution can be changed informally
    or formally
  • Amendment – formal change (to the
    Constitution)
• Formal Amendments: Article V
    • There are two ways to propose an amendment
      and two ways to ratify an amendment
    • There are four ways to amend the
      Constitution formally! (2 X 2 = 4)
Amending the Constitution

• Method 1 – proposed by 2/3rds of each house
  of Congress and ratified by 3/4ths of state
  legislatures
  • Today, that means 38 states must ratify
  • 26 of the 27 amendments have been created this
    way
• Method 2 – proposed by 2/3rds of each house
  of Congress and ratified by 3/4ths of
  conventions called by the states
  • Only the 21st amendment has been done this way
  • Thought that delegates elected for state
    conventions would better reflect popular opinion
Amending the Constitution

• Method 3 – Congress calls for a national
  convention at the request of 2/3rds of the
  states (34), then ratified by 3/4ths of the state
  legislatures
  • Congress has never called for such a national
    convention
  • Never used
• Method 4 – proposed by a national
  convention, ratified by 3/4th of state
  conventions
  • The same way the Constitution was written in the
    1st place
  • Never used
Amending the Constitution

• All the ways to formally amend the
  constitution emphasis the FEDERAL
  nature of the government
• Decision to send to the state legislatures
  • They are popularly elected by the people of
    that state
  • A delegate would be elected on the one
    issue and better reflect the will of the
    people
  • States can call for an advisory vote from
    the people
Amending the Constitution

• Only one restriction for amendments:
  you can’t changed the number of
  senators for each state
• Once both houses of Congress propose
  the same amendment, it goes to the
  states
• Once a state ratifies an amendment,
  they can’t change their mind, however if
  they 1st reject it, they can later ratify it
Amending the Constitution

• More than 10,000 joint resolutions for
  amendments have been made
  • Only 33 have been sent to the states
  • Only 27 have been ratified
  • Others would have voided the citizenship of those
    who accepted foreign titles or honors, gave the
    federal government power over child labor,
    prohibited amendments about slavery, to provide
    equal rights to women (the ERA or Equal Rights
    Amendment)
• A seven year time limit for ratification was
  established in 1921
Amending the Constitution

• The Bill of Rights – the 1st ten
  amendments, ratified by the 1st
  Congress in 1789
• Many only agreed to support the
  Constitution if a listing of basic rights
  was included
  • Guarantee freedom of beliefs, expression,
    security of the person, fair and equal
    treatment before law, and outlined
    reserved powers
               To be a concerned and active global citizen
               by being more internationally aware and
               having a deep understanding of the present.
                 Understand the basic principles of the Constitution
                 Be able to explain and identify the outline of power in

                 the Constitution
HW Assigned              Entry Task: How Many Methods are
Letter to Legislature    there to Amending the
Political Leaders Quiz
                         Constitution?
                                       Agenda
                         Constitutional Convention
                               • Clarifying Questions
                            Principles of the Constitution


                         Exit Task: Get familiar with the
                         preamble!
 Amending the Constitution

• Other amendments came about because of
  various needs and interesting circumstances
  • The 11th amendment was ratified to protect states
    from being sued by citizens of other states or other
    countries
     • Proposed after Georgia lost a case brought by a
       South Carolina man (Chisholm v. Georgia, 1793)
  • The 12th amendment – ratified after the electoral
    college failed to produce a winner in the 1800
    election
     • Requires electors to cast 2 votes, one for
       president and one for vice president
Amending the Constitution
• Reconstruction Amendments
   • 13th – abolished slavery
   • 14th – extends citizenship
   • 15th – extends the right to vote
• 16th – allows income taxes
• 17th – popular election of senators
• 18th (a noble experiment – prohibition)
   • The 21st repealed it in 1933
• 19th – Women’s suffrage
• 20th - beginning and ending of terms
• 22nd – limited presidents to 2 terms
   • (response to FDR’s 4th elected term)
Amending the Constitution

• 23rd – allows DC residents to vote in
  presidential elections
• 24th – bans tax payment as voting
  requirement
• 25th – established presidential succession
• 26th – lowers voting age to 18 in response to
  Vietnam draft
• 27th – won’t let Congress get a pay raise
  until the next session
  • Was originally submitted with the bill of rights
  • Ratified nearly 203 years later
Informal Amendments

• There have been many changes made
  without changing the words
 • Experience and time have lead to
   informal amendments
 • There are 5 basic ways to change the
   meaning of the constitution without adding
   a formal amendment
Executive Action

• While Congress has the power to
  declare war, the President is the
  Commander-in-Chief of the military
  • Presidents have used military in conflict
    hundreds of times without a formal
    declaration
• All treaties need to be ratified by the
  Senate, a sometimes messy process
  • An executive agreement is a formal
    agreement made with another head of
    government and is just as binding
 Party Practices
• Political parties are an informal part of
  government (no mention in the Constitution)
   • Framers were wary of them
   • They’ve developed over time and now
     nominate the ‘major candidates’ (nominating
     conventions)
   • Their practices have changed the intentions
     of the electoral college (now just a rubber
     stamp)
   • Both houses of Congress operate largely
     along party lines
   • Appointments are also generally within the
     party
Custom

• Traditions have developed that shape how
  government operates
  • The cabinet (the 14 departments) are an informal
    advisory for the president
  • 8 presidents have died in office and been
    succeeded by their vice president – this was not
    formally part of the Constitution until the 25th
    amendment in 1963
  • FDR broke the ‘no third custom’ set by
    Washington, caused the 22nd amendment to be
    added in 1951
  • The Senate confirms appointments, so presidents
    use senatorial courtesy to talk to leaders in the
    Senate before making an appointment
Federalism
     The Division of Powers
Why Federalism?

• Framers were wary of a strong central
  government
  • Articles of Confederation were too weak
  • Dedicated to limited government
    • Governmental power poses a threat to
      individual liberty
    • Therefore the exercise of government must be
      restrained
    • Dividing governmental powers curbs it and
      prevents its abuse
Federalism Defined

• Federalism: a system of government in
  which a written constitution divides the
  powers of government on a territorial
  basis between a central, or national
  government and several regional
  governments
  • Each level has its own substantial powers
  • Neither can act alone to change division of
    powers
  • Operates through its own agencies, has its
    own laws
Federalism Defined

• American system is prime example
  • Basic design set out in Constitution
    • Assigns Division of Powers – gives some
      powers to National Government and some to
      the States
    • Reinforced with 10th amendment
  • Dual system of government
    • Each with own areas of authority
    • Oversees same people in same area
  • Allows local concerns to be dealt with
    • Also retains unity for national concerns
Federalism Defined

 • This allows for differences between states
   • 1/3 have state run liquor, all but 1 have
     bicameral state congress, 2 don’t allow self-
     pump, and 5 states don’t have a sales tax
 • Many matters handled locally, but also
   access to benefits of the nation
   • National defense, foreign affairs, trade, and
     natural disaster response
               To be a concerned and active global citizen
               by being more internationally aware and
               having a deep understanding of the present.
                 Understand the basic principles of the Constitution
                 Be able to explain and identify the outline of power in

                 the Constitution
HW Assigned              Entry Task: What is the key idea
Letter to Legislature    behind federalism
Political Leaders Quiz


                                            Agenda
                         Federalism
                         Our Amendments at Work

                         Note Cards




                         Exit Task: Quiz Tomorrow
Impeachment
Called for: Treason, Bribery, or other high Crimes and
  Misdemeanors
• 1st step official is accused of unlawful activity
   • 2nd step 2/3 Senate majority (this is not a trial by
     Jury)
• Article 1:
   • House of Representatives has the sole power of
     impeachment
   • Senate the sole power to try impeachments (Chief
     Justice presides if the president is in question)
• Impeachment is the one crime the president
  cannot grant a pardon for.
For the Test

• Outline of the Constitution
• Branches
    • Requirements to be part of each branch
•   Bill of Rights
•   What is needed to Ratify Amendments
•   Political Positions
•   Impeachment
•   How a Bill becomes Law
    • Options in dealing with a Bill
• Division of Power
    • Specific State and National Powers
• Preamble
Powers of the National Government

• The National Government only has the
  powers granted to it in the Constitution
  • Delegated powers
• Expressed Powers: spelled out in the
  Constitution (sometimes ‘enumerated’)
  • Most in Article I, Sect 8 (18 clauses and
    27 powers)
    • Power tax, coin money, regulate foreign &
      interstate commerce, declare war, grant
      patents, raise/maintain armed forces, etc
Powers of the National Government
  • Article II, Sect. 2 lists powers for President
    • commander-in-chief, grant reprieves and pardons,
      make treaties, appoint officials, etc
  • Article III gives judicial power to Supreme Court
  • Various powers in amendments
    • Ex. 16th gives Congress power to tax income
• Implied Powers: suggested by Constitution
  • I.8.18 – Necessary and Proper clause
    • Make any laws necessary to carry out powers
    • Ex. Regulate labor, interstate highways, ending
      discrimination to support regulating interstate
      commerce
Powers of the National Government

• Inherent Powers: powers of any
  sovereign nation
  • Assumed Framers intended these powers
    • Ex. regulate immigration, deport
      undocumented aliens, acquire territory, grant
      diplomatic recognition, protect against threats
      to government
    • Powers exist because the US exists
Powers Denied to the National Government

 • Some powers expressly denied
   • Ex tax exports, prohibit freedom of
     religion, speech, assembly, illegal search &
     seizure, deny speedy & public trial, jury
 • Powers not listed are denied
   • Ex. Create national school system,
     national marriage/divorce laws
 • Some denied due to nature of
   federalism
   • Can’t tax states or state agencies – could
     control or destroy states
The States

• Powers reserved to the States
  • Reserved Powers (10th am) – powers not
    given to the National Government
    • Ex. Regulate sale of tobacco/alcohol, licensing,
      gambling, establish schools, regulate utilities,
      etc
    • Most of what is done by ‘government’ is done
      by State Governments
    • Only expressed power is sale/consumption of
      alcoholic beverages (21st am, sect 2)
The States

• Powers Denied to the States
  • Some expressly denied – make treaties,
    print/coin money, deny life, liberty,
    property w/o due process
  • Some denied due to federal nature
    • Can’t tax federal government or agencies
  • Many state constitutions include other
    powers that are denied to the state
The Exclusive and Concurrent Powers

• Exclusive Powers – the Constitution
  grants to the National Government
  alone
  • Some are expressly denied to states (coin
    money)
  • Others give to prevent chaos (regulate
    interstate commerce)
• Concurrent Powers – shared by
  National and State Governments
  • Ex collect taxes, define crimes and set
    punishments
The Federal System and Local Governments

 • Only 2 basic levels in federalism
   • National and State
   • Also thousands of local governments
     • Really subunits of state government
     • Can provide services, regulate activities,
       collect taxes, etc – only because State allows
The Supreme Law of the Land

• Supremacy Clause – Framers said that
  the Constitution, national laws, and
  treaties were supreme to state and
  local laws
  • Constitution is the absolute highest form
    of law – or ‘supreme law of the land’
  • This clause is what ties the US federal
    system together
The Supreme Law of the Land

• The Supreme Court and Federalism
  • Decide on conflicts between national and
    state law
  • McCulloch v. Maryland – Maryland tried to
    tax Baltimore branch of Second Bank of
    the United States and convicted McCulloch
    for refusing
    • Supreme Court overturned w/Supremacy
      clause

								
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