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The U.S. Constitution Ch. 2.4 – Ch. 3 GPS Standards SSCG3 The student will demonstrate knowledge of the United States Constitution. Explain the main ideas in the debate over ratification; include those in The Federalist. Analyze the purpose of government stated in the Preamble of the United States Constitution. Explain the fundamental principles upon which the United States Constitution is based; include the rule of law, popular sovereignty, separation of powers, checks and balances, and federalism. GPS Standards SSCG4 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. GPS Standards SSCG5 The student will demonstrate knowledge of the federal system of government described in the United States Constitution. Explain the relationship of state governments to national government. Define the difference between enumerated 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.” The Constitutional Convention Philadelphia Five months, from May until September 1787 Secret Meeting, closed to outside. Originally intent to revise the Articles of Confederation. Decided to write something totally new. Very illegal, treasonous. The Constitutional Convention The delegates had great experience in government. Included many signers of the Declaration of Independence and the Articles of Confederation. Presided by George Washington (Father of the Country). Official records kept by James Madison (Father of the Constitution). Decisions and Compromises The Virginia Plan proposed a strong executive, a national judiciary, a strong two-house legislature the lower house would be chosen by the people the upper house would be chosen by the lower house. This favored the large, more populous states. Decisions and Compromises The New Jersey Plan proposed a weak executive of more than one person elected by Congress, a national judiciary with limited powers, a one house legislature, with one vote for each state. This favored the small states. The Great Compromise The Connecticut Compromise (Great Compromise) proposed a legislative branch with two parts: House of Representatives with representation based on population, Senate with two members from each state. This gave the large states an advantage in the House the smaller states in the Senate. What to do about slavery? Three-Fifths Compromise - settled the issue of representation in the House, counting three-fifths of slaves in determining a state’s representatives. Commerce and Slave Trade Compromise - allowed slave trade to continue until 1808. Congress was forbidden to tax exports and was granted power to regulate interstate and foreign trade. Other Compromises A four-year term for the president An Electoral College rather than a direct election of the president. 1) the New Jersey Plan 2) the Electoral College compromise 3) large states because they had more people to vote for the lower house Discussion Question Why does the word slave not appear in the Constitution? Opponents chose not to risk confrontation with supporters on an issue that might split the convention. Americans take sides Supporters and opponents of the Constitution began a great debate over its ratification, or formal approval. The Federalists urged ratification; argued that a strong national government was needed to handle other nations and prevent anarchy. Americans take sides (cont.) The Anti-Federalists opposed ratification, argued that the delegates drafted the Constitution in secret and had been given no power to replace the Articles. They contended that the Constitution took important powers away from the states and lacked a Bill of Rights. Constitution Ratified When the Federalists promised to add a Bill of Rights. New Hampshire was the ninth state to ratify the Constitution, making it official. Virginia and New York had not. Without the support of those two large states, the Constitution never would have succeeded. Americans Take Sides To help win New York, Alexander Hamilton, James Madison, and John Jay published over 80 essays defending the Constitution known as The Federalist, or The Federalist Papers. Constitution Ratified (cont.) The new national government launched in 1789. New York City was capital. George Washington took the oath of office as president. Did You Know? British prime minister William E. Gladstone once declared that the United States Constitution was “the most wonderful work ever struck off at a given time by the brain of man.” Gladstone used these words to describe the Constitution a century after the former British colonies had won the Revolution and become a new, independent nation. Just the Facts: The Constitution 1.Ratified in 1789 2.Based on separation of powers 3.Formed 3 branches of Gov’t. 4.The Constitution is divided into three parts Structure of the Constitution The Preamble – the goals of the government. The seven articles are the main divisions in the body of the Constitution The amendments, which provide for changes in the original The Preamble 1. 2. 3. 4. 5. 6. 6 Goals: form a more perfect union establish justice insure domestic tranquility provide for the common defense, promote the general welfare Secure the Blessings of Liberty to ourselves and our posterity. 1) the people of the United States 2) the people of the United States from the time of the Constitution onwards 3) Possible answer: Those words are symbolic; they emphasize the role the citizens in government The Seven Articles Article I: The Legislative Branch Article II: The Executive Branch Article III: The Judicial Branch Article IV: Relationship between the states Article V: Amending the Constitution Article VI: Supremacy Clause Article VII: Ratification The Amendments 1st 10 Amendments are the Bill of Rights. Where do the rights come from? Major Principles of the Constitution There are 6 major principles: 1. Popular sovereignty - rule by the people 2. Federalism - power is divided between national and state governments 3. Separation of powers among the three branches Major Principles (cont.) 4. Checks and balances - each branch exercises powers over the others. No branch will become too powerful. 5. Judicial review - power of the courts to overturn laws and actions of national, state, and local governments. Established by Marbury v. Madison. 6. Limited government - the Constitution limits government by specifying its powers and listing powers it does not have. The Legislative Branch Congress is made up of two houses: - House of Representatives - Senate The powers granted Congress are expressed in Article I, Section 8. Expressed Powers are also called enumerated powers because they are numbered 1-18. Also called Declared Powers. Enumerated Powers expressly say what congress can do. The Legislative Branch (cont.) Economic Powers 1.Levy taxes 2.Borrow money 3.Regulate commerce 4.Coin money 5.Punish counterfeiting The Legislative Branch (cont.) Defense Powers 1.Punish piracies 2.Declare war 3.Raise and support armed forces 4.Provide a navy 5.Regulate the armed forces 6.Call a militia 7.Organize a militia The Legislative Branch (cont.) Other powers… 1.Naturalizing citizens 2.Establishing post offices 3.Securing patents and copyrights 4.Establishing courts 5.Governing the District of Columbia The Legislative Branch (cont.) Elastic Clause: Gives Congress the right to make all “laws necessary and proper” to carry out the powers expressed in the other clauses. Discussion Question Why did the Founders want to establish a strong executive branch in the government? Lack of a strong executive had been a problem under the Articles of Confederation. The Executive Branch Specific Powers of the President: 1. Commander in chief of armed forces 2. Appoints heads of the cabinet (Senate approval) 3. Pardon people convicted on a federal crime. 4. Make treaties with foreign gov’ts (Senate approval.) 5. Appoints ambassadors, federal judges (Senate consent) Powers of the President (cont.) 6. State of the Union Message 7. Calls Congress into special session 8. Meets with heads of state of foreign countries 9. Commissions all military officers 10.Ensures that the laws of the Constitution are “faithfully executed.” The Judicial Branch The United States has a dual court system, federal and state courts, each with its own jurisdiction. The modern federal court system dates from 1891, but the Supreme Court exercised important power beginning in 1803 by using judicial review in the Marbury v. Madison case. The Judicial Branch FEDERAL COURTS: 1.Involve United States laws, treaties with foreign nations, or interpreting the Constitution. 2.Cases involving law at sea 3.Cases involving bankruptcy Shared Power and Conflict The executive and legislative branches must cooperate to produce effective policies, but some conflicts are inevitable. The Supreme Court must depend on the president and the executive branch to carry out its decisions. 2) the president 1) the judicial branch 3) the legislative branch Amending the Constitution Article V provides two methods to amend the Constitution, but only one has been used: Congress proposing amendments and the states’ legislatures ratifying them. Amending the Constitution Ratifying Amendments Two ways: 1. ¾ of all state legislatures ratify amendment (Most common method) 2. Each state can call a special ratifying convention - ¾ must approve Congress sets the method and the amount of time Informal Changes Congress has passed laws that have changed or clarified many provisions of the Constitution. Congress has shaped the Constitution by using the powers granted the legislative branch. Informal changes do not change the wording of the Constitution. Informal Presidential Changes Vice President John Tyler established the precedent of presidential succession. Later added to the Constitution. In dealing with other nations, presidents use executive agreements that do not require the approval of Congress. Modern presidents have greatly strengthened the powers of their office by proposing their own legislative agendas to Congress. Court Decisions The Supreme Court uses judicial review to interpret the Constitution. The Supreme Court’s rulings can change to reflect the changing condition of the times. Judicial restraint: the court should avoid decisions on changing social and political questions. Judicial Activism: the court should play a role in shaping national policies. Changes through custom and usage Political parties are an example of customs that have informally changed the Constitution. Political parties are not mentioned in the Constitution, but soon began to organize government and conduct elections. Cover Story 4 The Bill of Rights The Bill of Rights The First Amendment - right to worship, speak freely, assembly, press, and petition government. The Second Amendment - right to own firearms. The Third Amendment - prohibits the government from forcing people to provide shelter for soldiers in their homes. The Bill of Rights (cont.) The Fourth Amendment - protects from searches and arrests without court warrants. The Fifth Amendment - protects people charged with a crime: a grand jury must indict them before trial; no one found innocent can be retried for the same crime; people cannot be forced to testify against themselves; and no one can be deprived of life, liberty, or property without due process of law. The Bill of Rights (cont.) The Sixth Amendment - guarantees the right to know the charges against them, a defense attorney, a speedy jury trial, and the right to question all witnesses and compel them to testify. The Seventh Amendment - provides the right to a trial by jury to settle property disputes, a judge may try the case if both parties agree. The Eighth Amendment - prohibits excessive bail and fines and bars cruel and unusual punishment. The Bill of Rights (cont.) The Ninth Amendment - all powers not spelled out in the Constitution are retained by the people. The Tenth Amendment - all powers not given to the national government or denied to the states belong to the states or the people. 1) Amendments 15 and 19 gave all races and women the right to vote. 2) the 19th Amendment 3) the 13th Amendment to abolish slavery took 10 months to ratify The Other Amendments 1) the 1960s 2) 22, 23, 24, and 26 3) 26; it allowed 18-year olds to vote Amazing Amendments Since 1789, Congress has proposed nearly 10,000 amendments to the Constitution. These are some that never got out of Congress: 1876: To abolish the United States Senate 1878: To replace the office of president with an Executive Council of Three 1893: To rename the U.S. the “United States of the Earth” 1893: To abolish the United States Army and Navy 1914: To make divorce illegal 1916: To put all acts of war to a national vote and require those who vote yes to register for military service 1933: To limit personal wealth to $1 million 1971: To declare American citizens have the right to a pollutionfree environment