THE CONSTITUTION. Section 1: Structure and Principles The Constitution is divided in to three...
-
Upload
dorthy-mitchell -
Category
Documents
-
view
221 -
download
1
Transcript of THE CONSTITUTION. Section 1: Structure and Principles The Constitution is divided in to three...
Chapter 3
THE CONSTITUTION
Section 1: Structure and Principles
The Constitution is divided in to three parts – the Preamble, articles, and amendments.
Preamble; or introduction, states why the constitution was written.
The constitution contains seven divisions
called articles. Articles I, II, and III create the three branches
of government. Article III Section 2 outlines the jurisdiction,
or authority, of courts to rule on cases. Article VI contains the supremacy clause,
establishing that the constitution, laws passed by congress, and treaties of the U.S “shall be the supreme Law of the Land.”
Articles
The third part of the Constitution consists of
amendments, or changes. The Constitution has been amended 27 times.
The Amendments
MAJOR PRINCIPLESPopular Sovereignty Federalism
Separation of Powers Checks and Balances
Judicial Review Limited Government
The constitution is based on the concept of
popular sovereignty—rule by the people. The constitution created a federal system of
government. Federalism; power divided b/w national and state government.
Separation of Powers; each branch has its responsibilities.
Checks and Balances; each branch of gov’t exercises some control over the other.
Principles Cont’d
Vetoing– rejecting The power of the courts to declare laws and
actions of governments invalid if they violate the constitution – Judicial review (Marbury V. Madison)
Judicial Review
How does the constitutional system of
checks and balances support the theory of separation of powers?
Answer the Following…
1. What is the basic structure of the constitution?
2. How did the founders hope to prevent any one branch of government from gaining too much power.
3. Thinking back on the Articles of Confederation and creating the new Constitution, why do you think the founders chose a federal system of government over a unitary system?
Section 2: Three Branches of Government
Article I- Legislature Article II- Executive
Branch Article III- Judicial
Branch
Congress given expressed powers; powers
directly stated in the constitution. Also called enumerated powers because
they are numbered 1-18 in Article I Section 8. The final enumerated power is the so-called
elastic clause—gives congress power to make all laws “necessary and proper” to carry out their powers. (Muculloch v. Maryland)
The Legislative Branch
U.S. Senators-- AL
Richard ShelbyJeff Sessions
The Executive Branch
The constitution grants the president broad but vaguely described powers.
Section 2 & 3 of Article II define specific powers.
Presides over federal bureaucracy; departments and agencies of the federal government.
Judicial Branch
No term limit Federal & state
courts When it rules on
constitutional issues, the court can not be overturned except by a constitutional amendment.
John G. Roberts, Jr., Chief Justice of the United States
1. According to the video, which branch of
gov’t is the strongest?2. Why was this branch given this
authority?3. Which is the second strongest?4. Which branch is the weakest? Why?5. What are the powers of the Judicial
Branch?
Video Questions
1. Using your text book (pg. 73), describe
how the executive and legislative branches work together?
2. Describe the conflicts b/w the following:a) President vs. Congressb) Congress vs. the Courtsc) The Supreme Court vs. the President
Write & answer the following questions
The Amendment Process
As outlined in Article V, amendments may deal w/ any topic except that no state can lose equal representation in the Senate w/o the state’s consent.
Amendments may be proposed and ratified, or approved in two ways.
Proposed on a national level but ratified on a state-by-state basis.
Section 3: Amending the Constitution
Two-thirds vote of each house of Congress; or National convention called by Congress at the
request of two-thirds of the states.
petition; appeal balanced budget; federal gov’t spending
never exceeds in income.
Proposing Amendments
Legislatures in three-fourths of the states
to ratify the amendments Each state to call a ratifying convention
and three-fourths of theses conventions approve.
Congress decides which ratification method will be used and how much time states will have to ratify an amendment
Ratifying Amendments
The Equal Rights Amendment caused questions because
states revoked their ratification.
Changes Through Law Changes Through Practice (the ways power is used)
impeach; ability of the House to accuse federal officials Informal Presidential Changes
Presidential succession Foreign Affairs
Treaty; agreement between nations vs. executive agreement; agreement b/w president and leader of another country.
Domestic Affairs
Informal Changes
Court decisions Changes through custom and usage
Cont’d
Judicial Review
Judicial restraint vs. judicial activism
Under Chief Justice Earl Warren, the Supreme Court demonstrated judicial activism. (1953-1969)
ex. Plessy v. Ferguson to Brown v. Board of Education
In 1791 the states ratified 10 amendments;
Bill of Rights. Limits the powers of the government The First Amendment
Freedom of religion, speech, press, petition, and assembly.
Does not include slander; false speech intended to damage a person’s reputation.
Section 4: The Amendments
The 27 amendments fall into 3 separate
groups. 13th, 14th, 15th –Civil War Amendments
13th (1865) outlaws slavery 14th (1868) protects rights of citizenship 15th (1870) protects the right to vote
Civil War Amendments
The third group of amendments have all been
added in the 20th century. Deal w/ a range of topics that reflect changes
in modern American society. 24th amendment (1964) prohibits poll taxes;
taxes paid in order to vote—in federal elections. Used to prevent low income African Americans
from voting.
The Later Amendments