Download The Constitution

American
Government:
The Constitution
Unit 2
Chapters 3 & 4
Day 1: The Purpose of the Constitution and
Ratification
Standard 3
► The
student will demonstrate knowledge of
the US Constitution.
 Explain the main ideas in debate over
ratification: include those in The Federalist
 Analyze the purpose of government stated in
the Preamble of the US Constitution.
 Explain the fundamental principles upon which
the US Constitution is based; include the rule of
law, popular sovereignty, separation of powers,
checks and balances, and federalism.
Day 1 and 2 Vocabulary
► Preamble
► Unconstitutional
► Articles
► Federalism
► Rule
► Amendment
of law
► Popular sovereignty
► Limited government
► Separation of powers
► Checks & balances
► Judicial review
► The
Federalist
► Formal
amendment
► Bill of Rights
► Veto
► Constitutionalism
► Suffrage
► Constitution
The Purpose of the U.S.
Government stated in the
Preamble (review from Unit 1)
Form a More Perfect Union – Make a better state
2.
Establish Justice – Equality for all
3.
Insure Domestic Tranquility – Keeping the peace
4.
Provide for the Common Defense – Defending the nation
against local and foreign enemies
5.
Promote the General Welfare - Serve all the nation
• Example: Public schools, safe drinking water
6.
Secure the Blessings of Liberty – Guarantee rights and
liberties for all
http://www.youtube.com/watch?v=3b56e0u0EgQ
1.
The Federalist Papers
http://www.youtube.com/watch?v=nlQBJ5I8Em8
In total, the Federalist Papers
consist of 85 essays outlining how
this new government would
operate and why this type of
government was the best choice
for the United States of America.
All of the essays were signed
"PUBLIUS" and the actual authors
of some are under dispute, but the
general consensus is that
Alexander Hamilton wrote 52,
James Madison wrote 28 and John
Jay contributed the remaining
five.
Debate Over Ratification
Absence of B of R
Absence of B of R
Absence of B or R
Central Gov’t too powerful
Central Gov’t too powerful
Day 2: The Living Constitution
The Living Constitution:
6 Major Principles
1. Popular Sovereignty:
The power to rule belongs
to the PEOPLE.
Limited
Government
2. Limited Government: Government
is not all powerful, it can only do those
things that the people have given it the
power to do.
The Living Constitution:
6 Major Principles
3. Separation of Powers: The
Constitution distributes the powers of
the central government among three
branches – legislative, executive and judicial.
4. Checks and Balances: Each branch
of the government would have some
control over the other branches. The
principle of checks and balances would prevent
any one branch from ignoring or overriding the
decisions of the other branches.
The Living Constitution:
6 Major Principles
5. Judicial Review: This the power of
the Supreme Court to declare an act of
Congress to be “unconstitutional.”
Nowhere in the Constitution is this stated.
However, the interpretation in Marbury v. Madison
(1803), set the precedent for the Court to act as
the guardian of the Constitution.
6. Federalism: The Constitution
divided the powers of the
government between the central or
national government and the state
governments. Neither kind of government
was given ALL the powers.
Standard 4
► The


student will demonstrate knowledge of
the organization and powers of the national
government.
Describe the structure and powers of the
legislative, executive, and judicial branches.
Analyze the relationship between the three
branches in a system of checks and
balances and separation of powers.
Organization of the National
Government
(draw this chart in your notes)
The Powers of the 3 Branches
(Draw this chart in your notes)
http://www.youtube.com/watch?v=ZCB8EOY5d48
Checks and Balances
(Copy this chart in your notes)
Nominate federal judges
Can declare acts of the executive
unconstitutional
Separation of Powers
► Why
do we need
them?
► 1. To prevent abuse
of power
► 2. To maintain
balance
Day 3: Powers
► Read
Pg. 78: Primary Sources: Letters of
Liberty
► Answer questions #1-4 at the bottom of the
page.
► Be prepared to discuss.
Day 3 & 4 Vocabulary
► Federalism
► Division
of powers
► Expressed powers
► Implied powers
► Reserved powers
► Concurrent powers
► The Supremacy Clause
► McCullough v.
Maryland
Standard 5
► The
student will demonstrate knowledge of
the federal system of government described
in the U.S. Constitution.
Explain the relationship of state governments to the national government.
Define the difference between enumerated powers and implied powers.
Describe the extent to which power is shared.
Identify powers denied to state and national governments.
Analyze the ongoing debate that focuses on the balance of power between
state and national governments.
 Analyze the supremacy clause found in Article VI and the role of the U.S.





Constitution as the “supreme law of the land.”
 Explain the meaning of the Pledge of Allegiance to the flag of the U.S.
Division of Powers
► Federalism
is the system of government in
which a written constitution divides the
powers of the government. The U.S.
Constitution provides for the division of
power between two levels—the national
government and the states.
Powers of the National
Government
Delegated Powers
► The
National Government possesses delegated
powers---powers specifically given by the
Constitution. Most of the powers are exclusive to
the National Government (sometimes called
exclusive powers).
► There are 3 kinds of delegated powers: Expressed
(listed in the Constitution), Implied (not listed in
the Constitution) and Inherent (powers that the
National Government have historically possessed,
such as the regulation of immigration).
Expressed Powers of
Congress….specifically mentioned in
the Constitution
► Levy
(impose) taxes
► Borrow money
► Regulate foreign and interstate commerce
► Coin money
► Establish post offices
► Create courts
► Declare war
► Raise and support an army and navy
► Grant copyrights and patents
Implied Powers….
NOT specifically mentioned in the
Constitution
► Based
on the elastic clause (“to make all
laws which shall be necessary and proper
for carrying into Execution the Foregoing
powers”)
 EXAMPLES (put a few examples in your notes):
the draft, issuing paper money, air force,
regulating food and drugs, building interstate
highways, protecting consumers, cleaning up
dirty air and water
Concurrent and Reserved Powers
► Some
powers are possessed by the National
Government and the State
Governments…these are called concurrent
powers.
► The States’ powers are called reserved
powers. They are powers not already given
to the National Government and not listed
as powers the States may not have.
EXAMPLE: age to get a drivers’ licenses
Draw this chart in your notes!
DELEGATED
POWERS
a.k.a.
CONCURENT
POWERS
a.k.a.
RESERVED
POWERS
a.k.a.
Day 4: Denied Powers &
Supremacy Clause
► Read
Pg. 83: May States Impose Terms
Limits for Members of Congress?
► Answer questions #1-3 at the bottom of the
page.
► Be prepared to discuss.
Powers denied to the national
government
Although the Constitution delegates many
powers to the National Government, it also
denies the National Government certain
powers. 4 examples follow:
 May not violate the Bill of Rights
 May not impose export taxes among states
 May not use money from the Treasury
without the passage and approval of an
appropriations bill
 May not change state boundaries
Powers denied to the state
governments
► May
not enter into treaties with other
countries
► May not print money
► May not tax imports or exports
► May not impair obligations of contracts
► May not suspend a person's rights without
due process
Supremacy Clause Article VI
► Article
VI – Supremacy of the
Constitution and Federal Laws
 This Article states that the newly formed United
States, under the new Constitution, assumes all
debts incurred by the several states under the
Articles of Confederation.
 Sentence 2 states that the Constitution is the
supreme law of the nation. This is the
Supremacy Clause.
 McCullough v. Maryland
McCullough v. Maryland
► http://www.youtube.com/watch?v=9_CDGC
GQFDU
► Part 1
► http://www.youtube.com/watch?v=UCUHEY
29XuY
► Part 2
► Court case that said the Constitution was
the “supreme law of the land”
Day 5: Articles and Amending
the Constitution
► Read
Pg. 96: Federalism Tested
► Answer questions #1-2 at the bottom of the
page.
► Be prepared to discuss.
Day 5 & 6 Vocabulary
► Bill
of Rights
► Amendment 1
► Amendment 2
► Amendment 3
► Amendment 4
► Amendment 5
► Amendment 6
► Amendment 7
► Amendment 8
► Amendment
9
► Amendment 10
Standard 6
► The

student will demonstrate knowledge of
civil liberties and civil rights.
Examine the Bill of Rights with emphasis on
First Amendment freedoms.
The Constitution: So What’s
In It??
► Preamble
– the introduction and mission
statement of the Constitution
► 7 Articles – divided sections within the
Constitution
Articles of the Constitution
► Articles
I- Legislative Branch
► Article II – Executive Branch
► Aritlce III – Judicial Branch
► Article IV – Relations among the States
► Article V – Amending the Constitution
► Article VI – National Debts, Supremacy of
National Law, and Oaths of Office
► Article VII – Ratifying the Constitution
Amending the Constitution
► The
Framers knew that even the wisest of
constitution makers cannot build for all time. So,
the Constitution provides for its own amendment—
that is, for changes in its written words.
► Article V sets out two methods for the proposal
and two methods for the ratification of
constitutional amendments. So, there are four
possible methods of formal amendment---changes
or additions that become part of the written
language of the Constitution.
Amending the Constitution
►4
Formal Amendment Processes
Method 1: Congress Proposes then State
Legislatures Ratify (26 of 27 amendments
were adopted this way!)
Method 2: Congress Proposes then State
Conventions Ratify
Method 3: National Convention Proposes
then State Legislatures Ratify
Method 4: National Convention Proposes
then State Conventions Ratify
Informal Amendment
► Many
informal amendments to the
Constitution have been made since 1787.
Unlike formal amendments, these have not
changed the Constitution’s actual words.
This is just simply interpretation of the
Constitution by many different sources---such as Supreme Court cases, laws that fill
in details about the way the government
operates, treaties, etc.
Amendment 1:
► Freedom





of:
Press
Assembly
Petition
Speech
Religion
http://www.youtube.com/watch?v=aAdGkojK4As
Amendment 1: The Low Down
► Congress
CAN’T:
 Make ANY law forcing you to choose a religion or to
even be religious at all
► The
Establishment Clause: Our gov’t will not establish a national
religion or choose one religion as more important than another.
 Keep you from
 Keep you from
 Keep you from
or blog
 Keep you from
change
saying what you feel
meeting peacefully in demonstration
publishing your thoughts in a newspaper
signing a petition to ask the gov’t for
 http://www.youtube.com/watch?v=tznR4wPeS4M
Amendment 2: Right to Bear Arms
http://www.youtube.com/watch?v=RG4E5IegHjM
► Congress
can NOT stop people from
having and carrying weapons. We have
the right to defend ourselves. The only
time you do not have this right is if you
are a convicted felon.
Amendment 3: No Quartering of
Soldiers
► You
don’t have to let soldiers live in your
home, unless there is a war, and even
then, only if Congress has passed a law
about it.
 (relevant in the Revolutionary War…NOT likely
to ever happen again)
Day 6: Amendments 4-8
► Fill
in the graphic organizer!
Principles of the
U.S. Constitution
http://www.youtube.com/watch?v=tlt6R1KD4E0
Introduction to the Bill of Rights!
Amendment 4: No Illegal Search &
Seizure
► Nobody
can search your body, or your
house, or your “stuff”, unless they can
prove to a judge that they have good
cause to, or they think that you have
committed a crime
► You
Amendment 5: Due Process &
Double Jeopardy
CAN’T be tried for any serious crime without a
Grand Jury meeting first to decide whether there’s
enough evidence for a trial. If the jury decides
you’re innocent, the gov’t can’t try you again.
► You DON’T have to say anything at your trial.
► The gov’t can’t take away anything that was or is
yours (private property) unless they pay you for it
first…this is called eminent domain.
► You CAN’T be tried twice for the same crime….this
is double jeopardy.
Amendment 6: Right To Speedy Trial
& Trial By Jury
► If
you’re arrested, you have the right to
have your trial heard soon (SPEEDY). The
gov’t can’t keep you in jail w/o trying you.
► The trial has to be public.
► The trial has to heard by a jury of your
peers.
► You have the right to know what you are
accused of.
► You have the right to a lawyer to assist you.
Amendment 7: Right to Jury in Civil
Matters Over $20
► You
have the right to a jury in a civil case
(one which is a case between two people
rather than a criminal case)
Amendment 8: No Excessive Bail & No Cruel
& Unusual Punishments
► The
gov’t can’t make you pay more than is
reasonable in bail or fines
► You will not be subjected to cruel or unusual
punishments (like torture) even if you are
convicted of a crime
Day 7: Amendments 9-10 &
Other Important Amendments
1.
A.
B.
C.
D.
The principle of
government that favors a
national government with
three independent
branches is called
Separation of powers
Federalism
Informal amendment
Executive action
►
A.
B.
C.
D.
2. Which method of amending
the Constitution has been used
for all but one of its formal
amendments?
Congress proposes/State
Convention ratify
Nat’l Convention
proposes/State legislature
ratify
Nat’l Convention
proposes/State convention
ratify
Congress proposes/State
legislatures ratify
Amendment 9: You have other
rights, too!
► Just
b/c 1-8 are LISTED in the
Constitution, you have MANY other rights!
Amendment 10: States get some
Power, too
► Anything
that the Constitution doesn’t say
that Congress can do should be left up to
the states or the people.
13th, 14th, 15th: Civil Rights
Amendments
► 13th:
abolished slavery in the US
► 14th: all people born in the US or
naturalized in the US (black men now
considered citizens)
► 15th: voting rights for males of all races
18th & 21st: Prohibition & its Repeal
► 18th:
outlawed the sale, consumption, or
distribution of alcoholic beverages
► 21st: repealed the 18th (i.e. lots of happy
folks that didn’t have to drink moonshine
any longer)
19th Amendment: Women’s Suffrage
http://www.youtube.com/watch?v=IYQhRCs9IHM
► 19th:
Women gained the right to vote