October 8, 2015Aim: Examine the Judicial Branch. Do-Now: Checks and Balance worksheet…

see what you remember.

HW-Writing tomorrow on the Constitution -Test on Tuesday (review sheet will be given

out tomorrow) -Marbury v. Madison worksheet due

tomorrow

BRAINSTORMhttp://www.history.com/topics/american-revolution/american-revolution-history/videos/global-impact-of-the-american-revolution

If you were the colonists, how would you want the new country to be run?

What would you be fearful of?

Who should have the most power?

The Articles of Confederation1st attempt at government (“Rough Draft”

of the Constitution) Set up a loose alliance between the 13

States Lasted from 1781-1789Weak National government, gave power to

the ___________.https://

www.youtube.com/watch?v=ML8qtTpVuDs

Land Ordinance of 1785 and Northwest Ordinance of 1787

•Set a pattern of development of the Northwest Territory•Provided the guidelines by which new states could be admitted to the nation on a basis of equality with the thirteen original states •Prohibited slavery in the Northwest Territory.

Articles of ConfederationStrengthens Weaknesses

Shay’s Rebellion

Constitutional Convention • Why do you think this

cartoonist used the phrases “forging a new rudder for the ship of states?

• What is the connection between this cartoon and the Constitutional Convention?

https://search.yahoo.com/yhs/search?p=preamble+constitutio+nschool+house+rock&ei=UTF-8&hspart=mozilla&hsimp=yhs-003

Constitution Preamble

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.

From looking at the preamble, what do you feel the Constitution is about?

Constitutional Principle

Popular Sovereignty

• “We the People”–source of power to govern comes from the people.

• A.K.A. democracy

Constitutional Principle FederalismThe Constitution divides the power to

govern between the federal and state governments.

Constitutional Principle Limiting GovernmentConstitution places limits on the power of

state and national governmentsThree Branches of Government Checks and Balances

To what extent was the Constitution a Bundle of Compromises?

Requirements for the Position Office Number Term Selection Requirem

ents

Executive (President –Vice)

1 4 years Elected by Electoral College

•Age 35 or over•Natural born citizen•Resident of US for 14 years

Representative

At least 1 per state; based on state population

2 years Elected by voters of congressional district

•Age 25 or over•Citizen for 7 years•Resident of state in which elected

Requirements Con’t Office Number Term Selection Requirem

ents

Senator 2 per State 6 years Elected by Voters of that State (17th Amendment)

•Age 30 or over• citizen for 9 years•Resident of state in which elected

Supreme Court Justice

9 Life Appointed by President with approval of the Senate

•No requirements in Constitution

Legislative Branch

NY Federal Senators

Chuck Schumer Kirsten Gillibrand

Representing NY’s 4th Congressional District…Carolyn McCarthy

Necessary and Proper Clause (Elastic) The Congress shall have Power - To make

all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof."          - Article 1 Section 8 Clause 18 of the United States Constitution

Power given to congress through the Elastic Clause are known as Implied Powers. What do you think Implied Powers mean?

Supremacy Clause Article VI…This Constitution, and the laws of the United States

which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.

The Senators and Representatives before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several states, shall be bound by oath or affirmation, to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States.

Census The method in which the federal

government counts the population of the United States to determine representation in congress.

http://www.census.gov/#

Apportionment Map 2000 Census Results

2010 Census Results

Electoral College Electoral College NY Times

Should we do away with the Electoral College? Yes:

Unfair, gives too much power to small statesNot every state has a law requiring electors

to vote for the candidate that eared the majority of the popular vote

No:Too difficult to change (would require a

constitutional amendment)Changes might threaten the two-party

system

Three Branches of Government

Checks and BalancesThe system set up by the Constitution in which

each branch of the federal government has the power to limit the actions of the other branches.

Scenarios: describe how the power is being checked Congress overrides Obama veto Obama names a justice to the Supreme Court Ford pardons NixonPresident calls for a special secession of Congress Court declares Congressional Act unconstitutional Senate ratifies Panama Canal Treaty

Can a state do that???The United States passes a law promising

to preserve and to protect Native American tribes. Oklahoma wants to take away the land of various tribes located within its state in order to build new state buildings and a shopping district.

Under the Supremacy Clause of the U.S., Oklahoma may not take away land of a federally recognized Native American tribe since doing so would violate the tribe's political interest in which the U.S. has promised to protect.

Marbury v. Madison https://

www.youtube.com/watch?v=KwciUVLdSPk

What is the process for amending the Constitution?

4 Possibilities:

Amending the Constitution

1•Proposed by Congress 2/3 of both houses•Ratified by ¾ of state legislatures

2•Proposed by Congress 2/3 of both houses•Ratified by ¾ of state ratifying conventions

3•Proposed national convention called by 2/3 of states•Ratified by ¾ of state legislatures

4•Proposed by national convention called by 2/3 of states•Ratified by ¾ of state ratifying conventions

Ratification Federalists:

Anti Federalists