The ConstitutionThe Constitution•Structure and PrinciplesStructure and Principles•Three Branches of GovernmentThree Branches of Government•Amending the ConstitutionAmending the Constitution•The AmendmentsThe Amendments

The PreambleThe Preamble

We the people, of the United States, in order to We the people, of the United States, in order to form a more perfect union , establish justice , form a more perfect union , establish justice , ensure domestic tranquility , provide for the ensure domestic tranquility , provide for the common defense, promote the general welfare common defense, promote the general welfare and secure the blessing of liberty to ourselves and secure the blessing of liberty to ourselves and our posterity do ordain and establish this and our posterity do ordain and establish this constitution for the United States of Americaconstitution for the United States of America

The PreambleThe Preamble

We the people, of the United States, in order to We the people, of the United States, in order to form a more perfect union (1), establish justice form a more perfect union (1), establish justice (2), ensure domestic tranquility (3), provide (2), ensure domestic tranquility (3), provide for the common defense (4), promote the for the common defense (4), promote the general welfare (5) and secure the blessing of general welfare (5) and secure the blessing of liberty to ourselves and our posterity (6) do liberty to ourselves and our posterity (6) do ordain and establish this constitution for the ordain and establish this constitution for the United States of AmericaUnited States of America

The Constitution The Constitution (7 Articles)(7 Articles)

Using your book, Using your book, briefly explain the briefly explain the purpose of the Preamble purpose of the Preamble and each of the 7 and each of the 7 articles of the articles of the ConstitutionConstitution

(p R43 – R56)(p R43 – R56)

What does it What does it outlineoutline

3 Details 3 Details from articlefrom article

Article 1Article 1

Article 2Article 2

Article 3Article 3

Article 4Article 4

Article 5Article 5

Article 6Article 6

Article 7Article 7

Structure and PrinciplesStructure and Principles StructureStructure

The PreambleThe Preamble Why it was writtenWhy it was written States the goals of governmentStates the goals of government

Seven ArticlesSeven Articles Legislative BranchLegislative Branch (powers of Congress, limits to power)(powers of Congress, limits to power) Executive BranchExecutive Branch (duties of the President, exec branch)(duties of the President, exec branch) Judicial BranchJudicial Branch (Judicial Review)(Judicial Review) Relations Among the States(Full Faith and Credit)Relations Among the States(Full Faith and Credit) The Amending ProcessThe Amending Process National SupremacyNational Supremacy (Supremacy Clause)(Supremacy Clause) The Ratification ProcessThe Ratification Process

The AmendmentsThe Amendments Bill of RightsBill of Rights Other ChangesOther Changes

Structure and PrinciplesStructure and Principles Major PrinciplesMajor Principles

Popular SovereigntyPopular Sovereignty People hold the powerPeople hold the power

FederalismFederalism Powers separated between national and state governmentsPowers separated between national and state governments

Separation of PowersSeparation of Powers Powers separated between the three branchesPowers separated between the three branches

Checks and BalancesChecks and Balances Ability of each branch to “keep an eye” on the othersAbility of each branch to “keep an eye” on the others

Judicial ReviewJudicial Review Power of Supreme Court to declare acts “unconstitutional”Power of Supreme Court to declare acts “unconstitutional”

Limited GovernmentLimited Government Specifically lists powers prohibited to the federal governmentSpecifically lists powers prohibited to the federal government

* Bill of Rights* Bill of Rights* Guard against abuse of powers* Guard against abuse of powers

Powers Granted to the Federal Powers Granted to the Federal GovernmentGovernment

Expressed: Actually written into the Constitution EXAMPLE: Congress has the power to raise and support an Army and

a Navy

Implied Powers: Powers that can be derived from the expressed powers

EXAMPLE: Congress has expanded that power to create the Air Force and the Marines

Necessary and Proper Clause: (aka “the Elastic Clause” )

Congress uses this to expand or stretch their power to do what they believe is in the nation’s best interest

17 Enumerated Powers 17 Enumerated Powers (Expressed)

Use your book (p. R47-R48) to find the 17 powers specifically granted to Congress

In a small group (no more than 4), discuss which are the most important powers for a government to have and WHY

List the 7 YOU BELIEVE to be the most important powers

Popular SovereigntyPopular Sovereignty

The Preamble – “We the People”The Preamble – “We the People” Establishes that people are the source from which power Establishes that people are the source from which power

flowsflows

ElectionsElections Regular elections to give the people the power to Regular elections to give the people the power to

remove officials they believe are abusing the power remove officials they believe are abusing the power granted themgranted them

Authority to govern flows from the peopleAuthority to govern flows from the people Basic concept of democracyBasic concept of democracy

FederalismFederalism

Powers divided between state and federal Powers divided between state and federal governmentgovernment

17 enumerated powers (Article I, Section 8)17 enumerated powers (Article I, Section 8) 1010thth Amendment: Powers reserved to the states Amendment: Powers reserved to the states

Separation of PowersSeparation of Powers

Three Branches of GovernmentThree Branches of Government Articles I, II, IIIArticles I, II, III

Powers separated between state and federal Powers separated between state and federal governmentsgovernments

Enumerated powersEnumerated powers Amendment 10Amendment 10

Checks and BalancesChecks and Balances Each branch can “watchdog” the other two branches (report abuses of Each branch can “watchdog” the other two branches (report abuses of

power)power) Each branch can “check” (or stop) an act of the other branches if they Each branch can “check” (or stop) an act of the other branches if they

believe it is outside their powersbelieve it is outside their powers

Judicial ReviewJudicial Review The Supreme Court can declare an act of the government The Supreme Court can declare an act of the government

“UNCONSTITUTIONAL” if that branch acted outside of the powers they were “UNCONSTITUTIONAL” if that branch acted outside of the powers they were granted in the Constitutiongranted in the Constitution

MarburyMarbury v. Madison,v. Madison, 5 U.S. 137 (1803), is a landmark case in (1803), is a landmark case in United States law law and the basis for the exercise of judicial review of Federal statutes by the and the basis for the exercise of judicial review of Federal statutes by the Supreme Court of the United States under Article Three of the United States under Article Three of the United States Constitution.Constitution.

Anyone can challenge a law written by the government (state or federal) if they Anyone can challenge a law written by the government (state or federal) if they believe it is UNCONSTITUTIONAL. believe it is UNCONSTITUTIONAL.

Infringes on your rights as a citizensInfringes on your rights as a citizens Is outside of the power granted to that level/part of the governmentIs outside of the power granted to that level/part of the government

Example: Alexander v. Sandoval, 2001Example: Alexander v. Sandoval, 2001 Sandoval wanted to get her drivers license but she did not speak English and her Sandoval wanted to get her drivers license but she did not speak English and her

state did not provide the test in other languages (English was the “official language” state did not provide the test in other languages (English was the “official language” of Alabama). of Alabama).

Sandoval sued based on Title VI of the Civil Rights Act of 1964 which prohibits Sandoval sued based on Title VI of the Civil Rights Act of 1964 which prohibits discrimination that might effect public safety.discrimination that might effect public safety.

The Supreme Court ruled against her 5-4The Supreme Court ruled against her 5-4

Limited GovernmentLimited Government

The Constitution is full of examples of limits put The Constitution is full of examples of limits put on the central government to control how it on the central government to control how it exercises the powers it was given.exercises the powers it was given.

Bill of RightsBill of Rights Terms of elected officialsTerms of elected officials Judicial ReviewJudicial Review 3 branches (checks and balances)3 branches (checks and balances) Military headed by civilian (president)Military headed by civilian (president)

Quick ReviewQuick Review

What are the 6 Principles of American What are the 6 Principles of American Democracy?Democracy?

Popular SovereigntyPopular Sovereignty FederalismFederalism Separation of PowersSeparation of Powers Checks and BalancesChecks and Balances Judicial ReviewJudicial Review Limited Government Limited Government

17 Powers of Congress17 Powers of Congress RevenueRevenue BorrowingBorrowing CommerceCommerce Naturalization & BankruptcyNaturalization & Bankruptcy CurrencyCurrency CounterfeitingCounterfeiting Post OfficePost Office Copyrights and PatentsCopyrights and Patents CourtsCourts * Rules for Armed Forces* Rules for Armed Forces PiracyPiracy * Militia* Militia Declare WarDeclare War * National Guard* National Guard ArmyArmy * Nation’s Capital* Nation’s Capital

NavyNavy * * !!“Elastic Clause”!!!!“Elastic Clause”!!

Powers Powers DENIEDDENIED the Federal the Federal GovernmentGovernment

Slave TradeSlave Trade: 20 year moratorium on laws on the slave trade (in exchange for : 20 year moratorium on laws on the slave trade (in exchange for Congress’ exclusive control over interstate commerce)Congress’ exclusive control over interstate commerce)

Habeas CorpusHabeas Corpus: requires a prisoner be brought to court and that cause be : requires a prisoner be brought to court and that cause be shown for their arrestshown for their arrest

No No Bills of AttainderBills of Attainder: Cannot punish a person without a trial: Cannot punish a person without a trialNo No Ex Post FactoEx Post Facto: Cannot make an act a crime after that act was committed: Cannot make an act a crime after that act was committed

No No Direct TaxDirect Tax: No direct tax can be levied (income tax – 16: No direct tax can be levied (income tax – 16 thth Amendment Amendment then allowed)then allowed)

No No Tax on ExportsTax on Exports: Congress may not tax goods that move from one state to : Congress may not tax goods that move from one state to anotheranother

Uniformity of TreatmentUniformity of Treatment: Congress cannot favor one state over another: Congress cannot favor one state over another Appropriation LawAppropriation Law: No misuse of funds. Congress must give permission for : No misuse of funds. Congress must give permission for

any expenditure of the Presidentany expenditure of the President No No Titles of NobilityTitles of Nobility

Quick ReviewQuick Review

Name 5 powers of Congress granted in the Name 5 powers of Congress granted in the Constitution (Article 1, Section 8)Constitution (Article 1, Section 8)

Name 3 powers DENIED Congress in the Name 3 powers DENIED Congress in the Constitution (Article 1, Section 9)Constitution (Article 1, Section 9)

Digging in the ConstitutionDigging in the Constitution Use your book to create the Use your book to create the

following chart (p R43 – R56)following chart (p R43 – R56)

QualificatiQualificationsons

Constit-Constit-

uency uency (who votes (who votes for them)for them)

Length of Length of TermTerm

Current Current LeaderLeader

HouseHouse

Of Of

RepresentaRepresentativestives

JohnJohn

BoehnerBoehner

SenateSenate Harry Harry

ReidReid

ExecExec

BranchBranch

BarackBarack

ObamaObama

Judicial Judicial BranchBranch

JohnJohn

RobertsRoberts

Three Branches of GovernmentThree Branches of Government Legislative Branch (Article I)Legislative Branch (Article I)

Enumerated PowersEnumerated Powers * 25/30 years of age* 25/30 years of age Congress Then and NowCongress Then and Now * Live in district/state* Live in district/state

* US Citizen* US Citizen

Executive Branch (Article II)Executive Branch (Article II) Broad PowersBroad Powers * 35 years of age* 35 years of age Specific PowersSpecific Powers * Natural born US citizen* Natural born US citizen The Presidency Then and NowThe Presidency Then and Now * Lived in US 14 years or more* Lived in US 14 years or more

Judicial Branch (Article III)Judicial Branch (Article III) Jurisdiction of the Federal CourtsJurisdiction of the Federal Courts * none* none Federal Courts Then and NowFederal Courts Then and Now

Shared Powers and ConflictShared Powers and Conflict The President as LegislatorThe President as Legislator The President vs. CongressThe President vs. Congress Congress vs. the CourtsCongress vs. the Courts The Supreme Court vs. the PresidentThe Supreme Court vs. the President State v. State (Article IV – full faith and credit)State v. State (Article IV – full faith and credit)

Amending the ConstitutionAmending the Constitution

Amending the ConstitutionAmending the Constitution The Amending Process The Amending Process (Article V)(Article V)

2/3 of both houses of Congress or a Constitutional Convention (by petition)2/3 of both houses of Congress or a Constitutional Convention (by petition) ¾ of the state legislatures or by special state conventions (called by 50 states)¾ of the state legislatures or by special state conventions (called by 50 states) Congress sets the rules of the Amending Process (time limits)Congress sets the rules of the Amending Process (time limits)

Indirect Ways the Constitution ChangesIndirect Ways the Constitution Changes Changes through lawsChanges through laws Changes through practiceChanges through practice Informal Presidential ChangesInformal Presidential Changes Presidential Succession/InfirmaryPresidential Succession/Infirmary Foreign and Domestic AffairsForeign and Domestic Affairs Court DecisionsCourt Decisions Judicial ReviewJudicial Review Changing Court RulingsChanging Court Rulings Changes Through Custom and UseChanges Through Custom and Use

Quick ReviewQuick Review

Explain the 2 ways to PROPOSE an Explain the 2 ways to PROPOSE an Amendment to the ConstitutionAmendment to the Constitution

Explain the 2 ways to RATIFY an Explain the 2 ways to RATIFY an

Amendment to the ConstitutionAmendment to the Constitution

The AmendmentsThe Amendments The Bill of RightsThe Bill of Rights

11stst Amendment ( Amendment (Free Speech, Press, Religion, Assembly, & PetitionFree Speech, Press, Religion, Assembly, & Petition) ) SPRAPSPRAP 22ndnd Amendment ( Amendment (Right to Bear ArmsRight to Bear Arms)) 33rdrd Amendment Amendment ((Right against Quartering TroopsRight against Quartering Troops)) 44thth Amendment ( Amendment (Right Against UNREASONABLE Searches and SeizuresRight Against UNREASONABLE Searches and Seizures)) 55thth Amendment ( Amendment (Right not to testify against self, grand jury, eminent domainRight not to testify against self, grand jury, eminent domain)) 66thth Amendment ( Amendment (Right to a Fair TrialRight to a Fair Trial)) 77thth Amendment ( Amendment (Right to a Jury Trial, Civil DamagesRight to a Jury Trial, Civil Damages)) 88thth Amendment ( Amendment (Right Against Cruel and Unusual Punishment, BailRight Against Cruel and Unusual Punishment, Bail)) 99thth Amendment Amendment ((Rights Reserved to the PeopleRights Reserved to the People)) 1010thth Amendment ( Amendment (Rights Reserved to the StateRights Reserved to the State))

The Early AmendmentsThe Early Amendments 1111thth Amendment ( Amendment (Suits against the StatesSuits against the States)) 1212thth Amendment ( Amendment (Election of President and Vice PresidentElection of President and Vice President))

The AmendmentsThe Amendments Other AmendmentsOther Amendments

Civil War AmendmentsCivil War Amendments 1313thth Amendment Amendment (Outlaws Slavery) (Outlaws Slavery) 1414thth Amendment Amendment (Guarantees Citizenship) (Guarantees Citizenship) 1515thth Amendment Amendment (Protects Right to Vote for all Black Males) (Protects Right to Vote for all Black Males)

Later Amendments (20Later Amendments (20thth Century) Century) 1616thth Amendment Amendment (Gives Congress the power to tax income) (Gives Congress the power to tax income) 1717thth Amendment Amendment (People not states elect senators) (People not states elect senators) 1818thth Amendment Amendment (Prohibition) (Prohibition) 1919thth Amendment Amendment (Gave women the right to vote) YEAH (Gave women the right to vote) YEAH 2020thth Amendment Amendment (Set new dates for inauguration) “lame duck” (Set new dates for inauguration) “lame duck” 2121stst Amendment Amendment (Repeal Prohibition) (Repeal Prohibition) 2222ndnd Amendment Amendment (Limits president to 2 terms/10 years) (Limits president to 2 terms/10 years) 2323rdrd Amendment Amendment (DC vote in Presidential election) (DC vote in Presidential election) 2424thth Amendment Amendment (Outlaws Poll Taxes & Literacy Tests) (Outlaws Poll Taxes & Literacy Tests) 2525thth Amendment Amendment (Presidential Infirmary, Filling VP Vacancy) (Presidential Infirmary, Filling VP Vacancy) 2626thth Amendment Amendment (18 Year Olds Voting Rights) (18 Year Olds Voting Rights) 2727thth Amendment Amendment (Congressional Pay Raises only in the following (Congressional Pay Raises only in the following

term)term)

AmendmentsAmendments Changes How Government OperatesChanges How Government Operates

11, 12, 16, 20, 22, 23, 25, 2711, 12, 16, 20, 22, 23, 25, 27

Voting RightsVoting Rights 15, 17, 19, 24, 2615, 17, 19, 24, 26

Other RightsOther Rights 13, 14, 1813, 14, 18

Social ChangesSocial Changes 18, 21,18, 21,

What would happen if …?What would happen if …?

I remember the date. May 21, 2013. That is the day that our rights ended. It I remember the date. May 21, 2013. That is the day that our rights ended. It all happened so quickly. No big protests, No big headlines in the papers. all happened so quickly. No big protests, No big headlines in the papers. Our rights were taken without much resistance. President Smith said it Our rights were taken without much resistance. President Smith said it was a temporary measure needed to combat the terrorists but it really just was a temporary measure needed to combat the terrorists but it really just gave the government the power to rule over everyone. We were all in a gave the government the power to rule over everyone. We were all in a panic after the atomic bomb took out Chicago. We wanted our panic after the atomic bomb took out Chicago. We wanted our government to “protect” us. When they said they need to suspend all government to “protect” us. When they said they need to suspend all rights, we were willing if it meant we would be safe.rights, we were willing if it meant we would be safe.

Now, 3 years later, we still have no rights. The government looks into Now, 3 years later, we still have no rights. The government looks into EVERYTHING. Every email, every text, every bank account, EVERYTHING. Every email, every text, every bank account, EVERYTHING!! If they believe your actions are questionable, you go to EVERYTHING!! If they believe your actions are questionable, you go to jail. No trial, to lawyer, nothing. You are a danger to the “safety” of our jail. No trial, to lawyer, nothing. You are a danger to the “safety” of our society. And forget it if you appear “arabic” or believe in Islam. society. And forget it if you appear “arabic” or believe in Islam.

Whatever happened to the freedom of speech, the freedom of religion?Whatever happened to the freedom of speech, the freedom of religion?

Key Points of Chapter 3Key Points of Chapter 3 Major Principles of the Constitution (6)Major Principles of the Constitution (6) 3 Branches3 Branches

Their powersTheir powers How they “check” or “watchdog” the other branchesHow they “check” or “watchdog” the other branches

The Amending ProcessThe Amending Process Proposal & RatificationProposal & Ratification

The AmendmentsThe Amendments ReasonsReasons

Personal RightsPersonal Rights Adjustments to the governmentAdjustments to the government

Chapter Three EssaysChapter Three Essays(pick 2 essays to answer)(pick 2 essays to answer)

1)1) Explain how the US Constitution created limits on the powers of Explain how the US Constitution created limits on the powers of the national/central government (give 3 examples minimum)the national/central government (give 3 examples minimum)

• List the limitsList the limits• Explain HOW this limited the power the government hadExplain HOW this limited the power the government had

2)2) The Founding Fathers provided a way to make changes to the The Founding Fathers provided a way to make changes to the Constitution. Constitution.

• What is this process calledWhat is this process called• What is the process to make formal changes to the ConstitutionWhat is the process to make formal changes to the Constitution

* proposal & * proposal & ratificationratification

3)3) What is Judicial Review and how is it VITAL to our form of What is Judicial Review and how is it VITAL to our form of democracy?democracy?

• What is the concept of judicial reviewWhat is the concept of judicial review• How does it keep our government from abusing their powersHow does it keep our government from abusing their powers• Give a specific example of when this was usedGive a specific example of when this was used

PreamblePreamble Establish Establish (justice)(justice)

Ensure Ensure (domestic tranquility)(domestic tranquility)

Provide Provide (for the common defense)(for the common defense)

Promote Promote (the general welfare)(the general welfare)

Secure Secure (the blessings of liberty to ourselves and our posterity)(the blessings of liberty to ourselves and our posterity)