Goal 2

Constitution

Articles of ConfederationLand OrdinanceShays RebellionNorthwest Ordinance 

Unit 3Constitution

Bill of RightsVirginia planNew Jersey PlanGreat CompromiseFederalismRatificationAnti federalistSeparation of powersPopular SovereigntyFederalistChecks & Balances

Success of the Articles….LAND!!

Northwest Ordinance 1785 Land Ordinance 1785

* Establishes the Northwest Territory *divided land fairly in the Northwest (land west of Appalachian mts) Territory

*establishes the precedent in which *created townships the us would expand westward *land was divided into 6

miles X 6 mile *banned slavery and created the slave boundary squares and then sold

as the Ohio River *square 16 always for schools

ConstitutionGoals of the Constitution

Meant to address weaknesses of Articles of Confederation

PREAMBLEform a more perfect union of loyalty to the country

establishes justice – no courts (AOC)

secure the blessings of liberty – make sure we have freedom

insure domestic tranquility - Shay’s Rebellion

promote general welfare – help people out.

provide for the common defense – no military (AOC)

Principles of the ConstitutionThings we based the constitution on

Judicial review- declare laws unconstitutional

popular sovereignty – people have power through voting

limited power-government doesn’t have all the power

checks & balances – divides power

federalism – divides power between state and local government

Reserved Powers = powers given to states

10th Amendment•Central Intrastate Trade (trade within a state)•issues licenses•creates local government•conducts elections

Delegated Powers = enumerated & expressed powers given to Federal Government•declare war•make treaties•coin & print money•admit new states•raise a military•create laws that are necessary and proper

Concurrent Powers = powers shared by state & federal government•power to tax•borrow money•enforce & create laws•provide for their citizens (welfare)•establish courts

Federalism

A plan for Government

ARTICLES – “We the People” outline of government

•Legislative•Executive•Judicial•States•Amendment Process•Supremacy Clause•Ratification

AMENDMENTS– Changes to the Constitution

Bill of Rights

PREAMBLE•Introduction of the constitution•goals

Constitution

•Religion, Assembly, petition, press, speech•Right to bear arms•No quartering troops•prevents illegal search and seizure•no self incrimination•guarantees a lawyer and a speedy trial•civil suit•prevents cruel and unusual punishment•power to the people•power to the states•federal vs. state jurisdiction•electoral college•abolishes slavery (civil war)•citizenship (civil war)

•allows blacks to vote (civil war)•creates income tax•direct election of senators•prohibition (gets rid of alcohol)•women can vote•lame duck•repealed the 18th amendment (allows alcohol again)•limited the president to two terms (10 years)•gave DC a right to vote•eliminated poll tax•presidential succession•lowered voting age to 18•salaries of legislators

Underlying principles of the constitutionPopular sovereignty- people control government (by voting) Checks and balances – prevents one branch from becoming too powerful Separation of power-dividing power among the legislative, executive, and judicial branches Limited power-prevents a king or dictator from getting too much power Federalism- sharing of power between the national, and state (and local) governments Judicial review- allows the Supreme Court (SCOTUS) to declare laws unconstitutional Implied powers - are powers Congress claims under the elastic clause granted by article 1 section 8 of the U.S. Constitution. It can also refer to powers given to people of authority in order to carry out their jobs. Also called the "Necessary and Proper" clause.Examples:Levy income taxesConscript armiesOrganize a national postal system

 Enumerated powers - are powers directly written in the constitution.Examples:make agreements w/ foreign countriescoin and print moneydeclare warMake peace

Reserved Powers- Reserved powers are those given to the states and not the federal government by the United States Constitution. These include the ability to regulate marriages and businesses and provide for the health and welfare of the people living within those statesExamples:establish and maintain schools regulate business within the state marriage laws assume to the states other powers not delegated to the government or the states Reserved Powers Regulate trade within the state. Provide welfare within the state. Provide for the public health. Regulate commerce within the state. Determine qualifications of voters. Establish a public school system. Provide the public safety. Conduct elections. In charge of marriage laws. Establish and maintain schools.

Congress

Legislative

Makes Laws

President

Executive

Enforces Laws

Supreme Court

Judicial

Interprets Laws

CHECKS AND BALANCES

Amendment is Proposed

•2/3 Congress must approve (Magic Fraction!)•67.7%•Approval by 3 / 4 of state

legislatures•75%

•approval from 3 / 4 at a state convention•75%

NEW AMENDMENT!!!

Amendment ProcessRatification = to approveAmend = to change

Supreme Court CasesSee Word Document

Judicial BranchInterprets Laws

Powers over the Legislative Branch•Can declare laws unconstitutional

Powers over the Executive Branch•Can rule the laws or executive orders or acts are unconstitutional

Legislative Branch

Makes laws

Powers over Legislative Branch•Can veto bills•Can call special sessions of congress•Can recommend laws

Powers over the Judicial Branch•Appoints federal judges•Can grant reprieves & pardons

Powers over the Executive Branch•Can override the president’s veto•Can impeach and remove the president•Can refuse to confirm presidential appointments•Can refuse to ratify presidential treaties

Powers over the Judicial Branch•Can create lower federal courts•Can refuse to confirm judicial appointments•Can propose constitutional amendments.•Can impeach/remove judges

Checks & Balances of our Government

GRANTS:•reprieves - to postpone a sentence•communications – to lessen a criminal sentence•pardons – to excuse a crime

Make Treaties:  He/She is allowed to make treaties with other countries providing the senate approves it.

Issues Executive Orders: - These have the force of law and do not have to be approved by congress but they can’t be deemed unconstitutional by Supreme Court (Judicial review)Example: Japanese internment

Make Appointments:Appoint cabinet members & other executive positions.Patronage: appointing friends of supporters to positions. This is illegal.

Veto: rejects a bill

                                                                      Presidential Powers

President Pro TemporeDef: An Electoral official who presides over the senate when the VP isn’t there. He’s from the majority party

Speaker of the HouseDef: the 3rd most important person in government. They’re elected & represent the majority party. They lead the House of Representatives Party Whip

Def: They’re in both Senate and House of Representatives. They make sure party members are voting along party lines.

Minority LeaderDef: They’re in both the Senate and House of Representatives. They represent the minority party.

Floor LeaderDef: this position is in both of the house & senate and steers the floor debate.

Congressional Power Makers 

Vice President

Speaker of the House

President

Senate President Pro 

Tempore

Cabinet in order of creation

Presidential SuccessionReasons for Succession: death, resignation, or he has been removed from office.

Disability Clause: If a president is sick he may temporarily transfer power to his Vice President. (This was last used by President Bush in 2002 when undergoing his 3 rd colonoscopy).

1.  Declaration of IndependenceThe document written by Thomas Jefferson to declare independence from England.•All men are created equal•Made us separate from England

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Constitu

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ConstitutionWritten by James Madison.The current government of the USA Has 3 parts 1. Preamble 2. Articles 3. AmendmentsReplaced the Articles of Confederation“We the people”

Clearing it all up!

6. The bill must get 2/3 of House or Senate approval (whichever house

introduced the bill)Then it goes to the next bicameral

house.

A standing committee is a permanent committee

4. Sent to standing committee for discussion

5. Bill is opened up for floor debate

1. IDEA 2. Proposed by Congressman/woman

3. Introduced to Congress

7. Heads to conference committee to work out

the differences in the bill.

8. Goes to the president•Veto-reject it•Ratify-approve•Pocket veto (if Congress sessions are ending, the president can igrnoe the bill and it is automatically vetoed.

Becomes a 

Law!!

Bill Process

Conference Committee

is a committee of the

legislature appointed by

both chambers of the

United States Congress

to resolve disagreements

on a particular bill.

Roles of the President

Chief Party LeaderRole: In this role, the president helps members of his political party get elected or appointed to office. The president campaigns for those members who have supported his policies. Atthe end of a term the president may campaign for reelection with his party’s support.

Examples in this role1. Choosing leading party members to serve in the Cabinet.2. Traveling to California to speak at a rally for a party nominee to the U.S. Senate.

Commander in Chief

Role: The president is the commander-in-chief of the U.S. armed forces. That means all of themilitary leaders report to and take orders from the president. The president performs this dutyas a civilian, someone who is not in military service.

Examples in this role1. Inspecting a Navy yard.2. Deciding, in wartime, whether to bomb foreign cities.3. Calling out the National Guard to stop a riot.

Chief ExecutiveRole: The president is the chief executive, empowered to administer the laws and affairsof the nation. While the president does not make the laws, his agencies have theresponsibility and authority to carry out the laws.

Examples in this role1. Appointing the head of the Central Intelligence Agency (CIA).2. Holding a Cabinet meeting to discuss government business.3. Reading Federal Bureau of Investigation (FBI) reports on the state of national security.

Chief of StateRole: The president's role as chief of state is to represent the United States at public events.This is mainly a ceremonial role that allows the president to promote/convey/representAmerican values and acknowledge others who do the same.

Examples in this role1. Awarding medals to students receiving academic honors.2. Congratulating astronauts upon their return from space travel.3. Greeting visitors to the White House.4. Delivering the State of the Union Address.

Chief DiplomatRole: Being a diplomat involves interacting with leaders from other nations. The presidenttakes the lead in foreign relations by associating with foreign leaders and, along with the help of Congress, develops a foreign policy with other nations.

Examples in this role1. Traveling to London to meet with the British prime minister.2. Working with leaders in the Middle East in an effort to create a peace plan for the region.

Chief Legislator

Role: Though the president cannot make laws he can voice his own ideas and opinions toCongress while they draft legislation. He does this through speeches promoting his agendaand by meeting with Congress to discuss policies.

Examples in this role1. Signing or vetoing a bill passed by Congress.2. Working to get enough House or Senate votes for a bill to be passed through each respective house.3. Making a speech in Congress.

Chief Guardian of the Economy

Role: In this role, the president is concerned with such things as unemployment, high prices, taxes, business profits, and the general prosperity of the country. The president does not control the economy, but is expected to help it run smoothly.

Examples in this Role:Meeting with economic advisers to discuss ways to reduce unemployment. Meeting with business and labor leaders to discuss their needs and problems.