The Principles of the United States Constitution

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Transcript The Principles of the United States Constitution

The American Constitution:
The American Constitution and the Party
System
September 24, 2010
Turn in your Fed/Anti-Fed. Brochures !!!!!!!!
Objective: To understand the Foundations and Principles
of the Constitution and the System of Checks and
Balances.
 Quote: All men having power ought to be distrusted to a
certain degree. James Madison, speech at the
Constitutional Convention, July 11, 1787.
The Great Debate
 Constitution continued debate within the
states over states’ rights, individual rights,
and functional organization
 Broke United States into TWO political
parties: Federalists and Anti-Federalists
The Birth of Political Parties: The
Players
Federalists
Anti-Federalists
Alexander Hamilton
 Beliefs in Government
– Rule by rich and well educated
– New government should favor
merchants, manufacturers, and
lawyers
– Strong central government with a
strong president
– Favored industry
– Wanted strong alliance with
Britain
– Centralized banking and create
debt spending
– Cynical
– Loose interpretation of the
Constitution
 The North
Thomas Jefferson
 Beliefs in Government
– Rule by everybody
– New government should favor
farmers, artisans, and poor classes
– Weak central government, power
given to the states to reflect
individual interests
– Favored agriculture and farming
– Wanted strong alliance with
France
– Low taxes, small tariffs
– Idealistic
– Strict interpretation of the
Constitution
 The South
Match the quote with the Party:
Federalist or Anti-Fed?
1. “Your people, sir, are beasts…Take mankind in
2.
3.
4.
5.
6.
general, they are vicious.”
“The sheep are happier of themselves, than under
the care of wolves.”
“Rich should be in charge, because they can’t be
bribed.”
“Liberty, Equality, Fraternity.”
“All societies need a governing class.”
“All men are created equal.”
Who are you?
Consider the times and these beliefs: What
political party would you support? The
Federalists or the Anti-Federalists? Explain
your answer.
Political Vocabulary

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




Ratify: To agree to, To sign
Amend: To add to
Veto: To refuse to sign
Bill: Proposed law
Suffrage: Right to vote
Bicameral: Two house congress
Impeachment: Process of trial of a governmental
official for accused wrong doing
 Cabinet: Advisors to the President
The Principles of the
United States Constitution
I. Popular Sovereignty
 The people hold the ultimate authority
– A representative democracy lets the people elect
leaders to make decisions for them.
• Sen. Patty Murray (D), Sen. Maria Cantwell (D) and Rep.
Adam Smith (D) are our elected officials in Congress
II. 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
III. Federalism
 The division of power between State and
National Governments
– Some powers are shared (i.e. power to tax)
– The National Government has the “supreme
power”
 Challenges to federalism:
– Same sex marriage (why?)
– Medicinal Marijuana (why?)
– Others?
IV. Separation of Powers
 No one branch holds “too much” power
– Legislative branch makes the laws
– Executive branch carries out the laws
– Judicial branch interprets the laws
Final 5
 Give an example of Separation of Powers in
our government.
September 27, 2010
 No first 5
 Objectives: To rock the Chapter 2 Test!
 To finish notes on the Principles of the
Constitution
 Take 7 mins to study.
The American Constitution
 Constitution divided
into two parts
– Articles--rights of
government (7
Articles)
– Amendments--rights of
individual (27
Amendments)
Government and Man
 Articles I-III
– Separates power into
three branches of
government
– Art. I-Leg.; Art. IIExec.; Art. III-Judic.
 Articles IV-VII
– Power of Law
– Power of Constitution
 Amendments I-X
– Bill of Rights
 Amendment XI-XII
– Organization of Government
 Amendment XIII-XV
– Civil Rights Amendments
– Slave Amendments
 Amendments XVI-XIX
– Progressive Amendments
 Amendments XX-XXI
– New Deal Amendments
 Amendments XXII-XXVII
– Great Society Amendments
Article I: The Legislature
A.K.A. Congress, The Legislative
Branch, The Lawmakers
 Bicameral
– Upper House=Senate (2 per state,
100 total)
• 6 year term
• Led by Speaker of the House
– Lower House=House of
Representatives (proportional to
population, 435 total--CA has 54)
• 2 year term
• Led by Speaker of the House
– President of Congress=Vice
President of the United States of
America
The U.S. Capitol Building, Washington, D.C.
Legislative Powers
 Make laws
 Collect taxes
 Borrow and coin money
 Establish immigration policy
 Declare war and raise armies
 Approves treaties
 Control interstate activities
(trade, marriage, etc)
 ****To do ANYTHING
NECESSARY AND PROPER
(The Elastic Clause)
Congress works at the Capitol Building in
Washington D.C.
Legislative Branch
 Senate and House of Representatives make
our laws
–
–
–
–
Appropriate Money
Regulate Immigration
Establish Post Offices and Roads
Regulate Interstate Commerce and
Transportation
– Declare War
How YOU can be a Congressperson!
 Age 25 (H. of R.); 30 (Senate)
 Live 7 years (H. of R.); 9 years (Senate) in
your state
 Have a lot of money for campaign
– Be independently wealthy
– Have people contribute money/support
campaign
What would make you run for a political office?
How YOU can be a Congressperson!
 Age 25 (H. of R.); 30 (Senate)
 Live 7 years (H. of R.); 9 years (Senate) in
your state
 Have a lot of money for campaign
– Be independently wealthy
– Have people contribute money/support
campaign
What would make you run for a political office?
Article II: The Executive
 A.K.A. The
President, The
Commander-inChief, The Pres.
 Term: 4 years, 2 term
limit
 President
Vice President
Cabinet (Sec. of State,
etc.)
Executive Power
 Commander-in-Chief
of American military
 Execute law, sign/veto
law
 Make treaties
 Appoint judges
How YOU can be the Pres.
 Be at least 35 years old
 Be a natural born citizen
 Live in the U.S. for at least 14 years
 Have even more money for campaign than
Congress-person
Executive Branch
 The President of the United States
– Chief Executive
– Chief Legislator/Economic Planner
– Chief Diplomat
– Commander in Chief
– Head of State
September 28, 2010
 Question: What other qualifications should
their be to be a president? List as many
attributes/abilities as possible and why they
are important.
 Objectives: To develop an understanding of
the Principles of the Constitution.
Article III:
The Judicial
 A.K.A. The Bench, The
Courts, The Judiciary
 Term: Life
 Organization:
–
–
–
–
Constitution
Supreme Court
Federal Courts
State Courts
Judicial Power
 Interprets law
 Reviews
“constitutionality” of
laws
 Reviews lower court
cases
 Preserves balance
against political
parties
Interpretation
“Loose Interpretation”
“Strict Interpretation”
 A.K.A. “Loose Construction of
 A.K.A. “Strict Construction of
Constitution”
– Interpretation of Constitution
must be flexible
– People change, society changes,
technology changes->Constitution must adapt
– What the Constitution doesn’t
say EXPLICITY, the branches
of government can do
 “Federalists” “Liberals”
Constitution”
– Constitution should remain
the constant
– The Constitution must be the
measure of social, ethical, and
moral change
– Government can ONLY do
what the Constitution
EXPLICITLY says
 “Anti-Federalists”
“Conservatives”
Judicial Branch
 Supreme Court and other Federal Courts
– Preserve and protect the rights guaranteed by
the Constitution
– Considers cases involving national laws
– Declares laws and Acts “unconstitutional”
V. Checks and Balances
 Prevents the abuse of power in government
– Each branch can check each other branch
• Example: Supreme Court nomination process:
President nominates
(executive branch checking power of judicial branch)
Senate Confirms
(legislative branch checking the power of exec. Branch)
Executive Checks
 Propose laws to Congress
 Veto laws made by Congress
 Negotiate foreign treaties
 Appoint federal judges
 Grant pardons to federal offenders
Legislative Checks
 Override president’s veto
 Ratify treaties
 Confirm executive appointments
 Impeach federal officers and judges
 Create and dissolve lower federal courts
Judicial Checks
 Declare executive acts unconstitutional
 Declare laws unconstitutional
 Declare acts of Congress unconstitutional
VI. Judicial Review
 The Supreme Court holds the final check
The court has the power to strike down laws, to
overturn executive acts, or order a public official
to act in a certain manner if it believes the law or
act to be unconstitutional.
Final 5
 Which of the six principles do you feel is
most important? Why? Explain you
answer in a complete sentence.
Review: 6 Principles of the Constitution
Come up with a contemporary example for each
principle, then choose one and draw a political
cartoon that demonstrates that principle. Cartoon
must include humor! DUE on Thursday!!!
 1. Popular Sovereignty
 2. Limited Government
 3. Federalism
 4. Separation of Powers
 5. Checks and Balances
 6. Judicial Review