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The United States Constitution A framework for democracy The Constitution • The final product of the Constitutional Convention and a series of compromises made therein, the United States Constitution provides a template for the structure of our democratic nation. The Constitution Three Important Compromises • Great Compromise • 3/5th’s Compromise • Presidential/Executive Compromise (See the Constitutional Convention powerpoint for more information. WOW - the amazing logic and creativity of Mr. Johnston’s brain! Scary!! <shivers> The Constitution Our Constitution was influenced by such events as the: – The tyranny of King George III – The failure of the Articles of Confederation – The philosophy of John Locke The Constitution An overview The first three articles of the Constitution established the three branches of our government Preamble Article I Legislative Branch Article II Executive Branch Article III Judicial Branch The Constitution Preamble – Introduction to the Constitution, it explains the reasoning behind the creation of the document and the overall goal of the founders “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.” The Constitution Article I: Legislative Branch Who? Senate and House of Representatives • Make our laws • Appropriate Money • Regulate Immigration • Establish Post Offices and Roads • Regulate Interstate Commerce and Transportation • Declare War The Constitution Congress divided: House of Representatives Senate The Constitution Article II: Executive Branch Who? The President of the United States • Chief Executive • Chief of State • Chief Legislator • Commander in Chief The Constitution Article III: Judicial Branch Who? Supreme Court and Federal Courts • Preserve and protect the rights guaranteed by the Constitution • Considers cases involving national laws, settles disputes between the States • Interprets the Constitution • Declares laws and acts “unconstitutional” The Constitution Six Central Principals of the Constitution • Federalism - National Central Government and State Government • Popular Sovereignty - Representative government • Limited Government - Prevents tyranny • Separation of Powers - Limiting power by spreading it across all three of the branches • Checks and Balances - Limiting power by dividing it against itself • Judicial Review – Determining the constitutionality of government actions. The Constitution The Concept of: Federalism • The division of power between State and National Governments • The National Government has the “supreme power” • Ideally the federal system offers the advantage of national unity while allowing the states a measure of freedom to handle their own affairs The Constitution Constitution – Federal Government • There are powers granted to the Federal government – impose taxes (income tax) – declare war (Congress) • There are restrictions on the Federal government – no ex post facto laws – no duties (taxes) on State exports The Constitution Federal Powers • • • • • • • Taxes Commerce Patents Post Office Judiciary War Armies/Navy • Capital • Powers needed to carry out the aforementioned The Constitution Constitution – State Governments • There are powers granted to state governments – determine when Representatives elected – powers not prohibited and not delegated to Federal • There are restrictions on state governments – can't enter into treaties – can’t grant nobility The Constitution The Concept of: Popular Sovereignty • The people hold the ultimate authority • A representative democracy lets the people elect leaders to make decisions for them. • Bob Casey Jr. (D) and Pat Toomey (R) are our elected officials in the Senate. The Constitution The Concept of: Limited Government • Framers wanted to guard against tyranny • Government is limited to the power given them in the Constitution. • The Constitution tells how leaders who overstep their power can be removed The Constitution The Concept of: Separation of Powers • No one holds “too much” power • Legislative branch makes the laws • Executive branch carries out the laws • Judicial branch interprets the laws The Constitution The Concept of: Checks and Balances • Prevents the abuse of power in government by spreading the power across the three branches • Each branch can check each of the other branches The Constitution The Concept of: Judicial Review • The power to determine that acts of government are “constitutional” or “unconstitutional”. • Not defined in the Constitution but the Framers’ intended for the Federal Courts and State Courts to have this power. • In 1803, Marbury v. Madison established that the Federal Courts could determine the Constitutionality of Federal and State laws. The Constitution Executive Checks • Propose laws to Congress • Veto laws made by Congress • Negotiate foreign treaties • Appoint federal judges • Grant pardons to federal offenders The Constitution Legislative Checks • Override president’s veto • Ratify treaties • Confirm executive appointments • Impeach federal officers and judges • Create and dissolve lower federal courts The Constitution Judicial Checks • Declare executive acts unconstitutional • Declare laws unconstitutional • Declare acts of Congress unconstitutional • The Supreme Court holds the final check The Constitution Flexibility in the Constitution The Constitution is a flexible document meaning that it can be changed. Flexibility is important because the document needs to be able to change to meet the times. – The Amendment Process – The Necessary and Proper Clause (aka the Elastic Clause)