Download Chp.03: The Constitution

Chp.03: The Constitution
In this space, you will create a visual representation of what you have learned in the notes that follow
on pages 26-33. You will be graded on your use of space, color and perceived effort – not on artistic
ability.
Notes
Chp. 03: The Constitution
25
Objectives about Origins of American Government
The student will demonstrate knowledge of the Constitution of the United States by
a)
examining the ratification debates and The Federalist;
b) identifying the purposes for government stated in the Preamble;
c)
examining the fundamental principles upon which the Constitution of the United States is
based, including the rule of law, consent of the governed, limited government, separation of
powers, and federalism;
d) illustrating the structure of the national government outlined in Article I, Article II, and Article
III;
e)
describing the amendment process.
Essential Understandings about Origins of American Government
1.
The purpose of government is established in the Preamble of the Constitution of the United
States of America.
2.
The Constitution of the United States of America is based on fundamental principles.
3.
Articles I, II, and III of the Constitution of the United States of America establish three coequal branches of government.
4.
The amendment process provides a way that the Constitution of the United States of America
can remain responsive to the needs of a changing nation.
5. To date, there have been 27 amendments to the original Constitution.
Essential Questions about Origins of American Government
1.
What is the significance of the Preamble of the Constitution of the United States of America?
2.
What are the fundamental principles contained in the Constitution of the United States of
America?
3.
How does the Constitution of the United States of America organize the national
government?
4. What are the procedures to amend the Constitution of the United States of America?
Notes
Chp. 03: The Constitution
26
Major Principles
Popular
Sovereignty
1. rule by the people
Limited
Government
1. the government is not all-powerful; Government must obey the law
Separation of
Powers
1. each of three branches has its own responsibilities
Checks and
Balances
2. Britain has no separation of powers
1. Legislative Branch
a. Executive Branch – can override a veto with a 2/3 vote of both chambers; can
impeach (accuse) the president; Senate ratifies treaties and confirms appointments
b. Judicial Branch – can impeach justices; can create lower federal courts; Senate
confirms justices
2. Executive Branch
a. Legislative Branch – veto bills; appeal to the people to bypass or influence
Congress
b. Judicial Branch – appoints federal judges; enforces court orders
3. Judicial Branch
a. Legislative Branch – may declare acts of Congress unconstitutional
b. Executive Branch – judges are appointed for life; may declare executive actions to be
unconstitutional
Judicial Review
1. the power of the federal court to declare acts of Congress, the president or any group
unconstitutional
2. established by the Supreme Court case, Marbury v. Madison
Federalism
1. power to be divided between the national and state governments
Basic Structure
Preamble
1. sets forth the six goals and purposes of the government
Articles
1. Article I – sets up the legislative branch
a. made up of Congress; the House of Representatives and Senate
b. it is the most powerful branch, yet its rules are the most strict
c. elastic clause – gives Congress the right to make all laws that are “necessary and
proper”
Notes
Chp. 03: The Constitution
27
Illustrated Preamble
Directions: Write the Preamble to the Constitution on the lines provided. Then, using the rest of the space
on the page, illustrate at least three of the goals listed in the Preamble.
Notes
Chp. 03: The Constitution
28
Basic Structure
Articles
2. Article II – sets up the executive branch
a. made up of the President, Vice President and staff
b. specific powers – commander in chief; makes treaties with advice and consent of the
Senate; meets with heads of state, ambassadors and other foreign officials
c. makes sure all laws passed by Congress are “faithfully executed”
3. Article III – sets up the judicial branch
a. made up of the federal courts headed by the Supreme Court
b. designed to be the weakest branch
c. John Jay was the first chief justice
d. when ruling on the Constitution, cannot be overturned except with an amendment
4. Article IV – explains the relationships of the states to one another and the national
government
5. Article V – explains ways to amend the Constitution
6. Article VI – supremacy clause – Constitution, laws passed by Congress, and treaties of the
US are the supreme law of the land
7. Article VII – how the ratification process of the Constitution works
a. needed 9 states to ratify to take effect
Amendments
1. provides a way to change the Constitution
2. 27 amendments (see page 31 The Amendments)
3. states have 7 years to ratify an amendment
Formal Amendment Process
Basics
1. the president does not have the power to veto an amendment
2. Equal Rights Amendment – proposed amendment to prohibit discrimination based on gender
a. has not been ratified
First Method
1. an amendment may proposed by a 2/3 vote in each house of Congress and ratified by 3/4
of state legislatures
Second
Method
1. an amendment may be proposed by Congress and then ratified by conventions in
Third Method
1. an amendment may be proposed by a national convention called by Congress at the request of
3/4 of the states
2/3 of the State legislatures
Fourth Method
1. an amendment may be proposed by a national convention and ratified by convention in 3/4
of the states
Notes
Chp. 03: The Constitution
29
Directions: Create an illustration/picture that represents the freedoms offered in the first eight amendments in
the Bill of Rights.
1st Amendment
2nd Amendment
3rd Amendment
4th Amendment
5th Amendment
6th Amendment
7th Amendment
8th Amendment
Notes
Chp. 03: The Constitution
30
The Amendments
The Bill of
Rights (1791)
1. First Amendment – freedoms of grievances, religion, assembly, speech, and press
a. limitations on the first amendment
slander – false speech intended to damage someone’s reputation
libel – written words intended to damage someone’s reputation
cannot infringe on another person’s rights
2. Second Amendment – the right to bear arms
3. Third Amendment – freedom from quartering of troops
4. Fourth Amendment – freedom from undue searches and seizures
a. need probable cause
5. Fifth Amendment – no one is subject to double jeopardy (tried twice for the same crime); all
persons are protected against self-incrimination
6. Sixth Amendment – a person accused of a crime has the right to be tried in court without
undue delay and by an impartial jury; the defendant must be informed of the charge he
or she is to be tried
7. Seventh Amendment – the right to a trial by jury is guaranteed in any civil case in a federal
court if the amount of money involved in that case exceeds $20
8. Eighth Amendment – prohibition of cruel and unusual punishment
9. Ninth Amendment – people’s rights are are not limited to the first 8 amendments
10. Tenth Amendment – all of those powers not granted to the National Government and forbidden
to the states, belong to each of the States
Other
Amendments
11. Eleventh Amendment (1795) – no State can be sued by residents of another State or of a foreign country
12. Twelfth Amendment (1804) – requires electors to vote separately for President and Vice
President
Civil Rights
Amendments
13. Thirteenth Amendment (1865) – abolished slavery in the U.S.
14. Fourteenth Amendment (1868) – all persons naturalized or born in the U.S. are citizens of the
U.S. and of the State where the reside; no State shall make or enforce any law which shall
abridge the privileges or immunities of the U.S.; nor shall any State deprive any person of life,
liberty, or property without due process of law; nor deny to any person within its jurisdiction
the equal protection of laws
15. Fifteenth Amendment (1870) – forbids the States from discriminating against any person on
the grounds of his race, color or previous condition of servitude
Notes
Chp. 03: The Constitution
31
DIRTy Definitions
1) Term
4) Illustration
2) Def
4) Illustration
2) Def
4) Illustration
2) Def
4) Illustration
2) Def
4) Illustration
2) Def
4) Illustration
2) Def
popular sovereignty
3) Reminding Word(s)
1) Term
impeach
3) Reminding Word(s)
1) Term
judicial review
3) Reminding Word(s)
1) Term
elastic clause
3) Reminding Word(s)
1) Term
slander
3) Reminding Word(s)
1) Term
libel
3) Reminding Word(s)
Notes
Chp. 03: The Constitution
32
The Amendments
Twentieth
Century
Amendments
16. Sixteenth Amendment (1913) – gives Congress the power to levy an income tax
17. Seventeenth Amendment (1913) – Senators are to be elected by the voters in each State
18. Eighteenth Amendment (1919) – outlawed the making, selling, transporting, importing, or
exporting of alcoholic beverages in the U.S.
19. Nineteenth Amendment (1920) – no person can be denied the right to vote on account of his
or her sex
20. Twentieth Amendment (1933) – the terms of the President and Vice President shall end at noon
th
rd
on the 20 day of January and the terms of Senators and Representatives at noon on the 3
day of January
th
21. Twenty-First Amendment (1933) – repealed the 18 Amendment
22. Twenty-Second Amendment (1951) – no president may serve more than two elected terms;
or 10 years
23. Twenty-Third Amendment (1961) – provided 3 electors to the District of Columbia
24. Twenty-Fourth Amendment (1964) – outlawed the payment of any tax an a condition for
taking part in the nomination or election of any federal office holder
25. Twenty-Fifth Amendment (1967) – establishes the succession to the presidency
26. Twenty-Sixth Amendment (1971) – gave the right to vote to those who are 18 years of age
27. Twenty-Seventh Amendment (1992) – delays an increase in Congressional pay until after the
next regular congressional election
Notes
Chp. 03: The Constitution
33
Summary
DIRECTIONS: Choose only one of the following:
a) write a summary (25-75 words) of what you believe was the most important aspect of the notes/lecture
b) write what you believe to be the most interesting or memorable part of the notes/lecture (25-75 words)
c) draw something that symbolizes the notes/lecture to you (has to be different than your title page)
Notes
Chp. 03: The Constitution
34