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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