Transcript The Congress shall have Power

October 8, 2015
Aim: Examine the Judicial Branch.
Do-Now: Checks and Balance worksheet… see what you
remember.
HW
-Writing tomorrow on the Constitution
-Test on Tuesday (review sheet will be given out tomorrow)
-Marbury v. Madison worksheet due tomorrow
BRAINSTORM
http://www.history.com/topics/american-revolution/american-revolution-history/videos/global-impact-of-the-american-revolution
 If you were the colonists, how would you want the new
country to be run?
 What would you be fearful of?
 Who should have the most power?
The Articles of Confederation
 1st attempt at government (“Rough Draft” of the
Constitution)
 Set up a loose alliance between the 13 States
 Lasted from 1781-1789
 Weak National government, gave power to the
___________.
https://www.youtube.com/watch?v=ML8qtTpVuDs
Land Ordinance of 1785
and Northwest
Ordinance of 1787
•Set a pattern of
development of the
Northwest Territory
•Provided the guidelines by
which new states could be
admitted to the nation on a
basis of equality with the
thirteen original states
•Prohibited slavery in the
Northwest Territory.
Articles of Confederation
Strengthens
Weaknesses
Shay’s Rebellion

Constitutional
Convention
• Why do you think this
cartoonist used the phrases
“forging a new rudder for the
ship of states?
• What is the connection
between this cartoon and the
Constitutional Convention?
https://search.yahoo.com/yhs/search?p=preambl
e+constitutio+nschool+house+rock&ei=UTF8&hspart=mozilla&hsimp=yhs-003
Constitution Preamble
We the people of the United States, in order to form a more perfect
union, establish justice, insure domestic tranquility, provide for the
common defense, promote the general welfare, and secure the blessings
of liberty to ourselves and our posterity, do ordain and establish this
Constitution for the United States of America.
From looking at the preamble, what do you feel the
Constitution is about?
Constitutional Principle
Popular Sovereignty
• “We the People”–source of power to govern comes from the
people.
• A.K.A. democracy
Constitutional Principle
Federalism
 The Constitution divides the power to govern between the
federal and state governments.
Constitutional Principle
Limiting Government
 Constitution places limits on the power of state and national
governments
 Three Branches of Government
 Checks and Balances
To what extent was the Constitution a
Bundle of Compromises?
Requirements for the Position
Office
Number
Term
Selection
Requirements
Executive
(President –
Vice)
1
4 years
Elected by
Electoral
College
•Age 35 or over
•Natural born
citizen
•Resident of US
for 14 years
Representative
At least 1 per
state; based on
state population
2 years
Elected by
voters of
congressional
district
•Age 25 or over
•Citizen for 7
years
•Resident of
state in which
elected
Requirements Con’t
Office
Number
Term
Selection
Requirements
Senator
2 per State
6 years
Elected by
Voters of that
State (17th
Amendment)
•Age 30 or over
• citizen for 9
years
•Resident of
state in which
elected
Supreme Court
Justice
9
Life
Appointed by
President with
approval of the
Senate
•No
requirements in
Constitution
Legislative Branch
NY Federal Senators
Chuck Schumer
Kirsten Gillibrand
Representing NY’s 4th Congressional
District…Carolyn McCarthy
Necessary and Proper Clause (Elastic)
 The Congress shall have Power - To make all Laws which shall be
necessary and proper for carrying into Execution the foregoing
Powers, and all other powers vested by this Constitution in the
Government of the United States, or in any Department or Officer
thereof."
- Article 1 Section 8 Clause 18 of the United States
Constitution
 Power given to congress through the Elastic Clause are
known as Implied Powers. What do you think Implied
Powers mean?
Supremacy Clause Article VI
 …This Constitution, and the laws of the United States which
shall be made in pursuance thereof; and all treaties made, or
which shall be made, under the authority of the United States,
shall be the supreme law of the land; and the judges in every
state shall be bound thereby, anything in the Constitution or
laws of any State to the contrary notwithstanding.
 The Senators and Representatives before mentioned, and the
members of the several state legislatures, and all executive
and judicial officers, both of the United States and of the
several states, shall be bound by oath or affirmation, to
support this Constitution; but no religious test shall ever be
required as a qualification to any office or public trust under
the United States.
Census
 The method in which the federal government counts the
population of the United States to determine representation
in congress.
 http://www.census.gov/#
Apportionment Map
2000 Census Results
2010 Census Results
Electoral College
 Electoral College NY Times
Should we do away with the Electoral
College?
 Yes:
 Unfair, gives too much power to small states
 Not every state has a law requiring electors to vote for the
candidate that eared the majority of the popular vote
 No:
 Too difficult to change (would require a constitutional
amendment)
 Changes might threaten the two-party system
Three Branches of Government
Checks and Balances
 The system set up by the Constitution in which each branch of the
federal government has the power to limit the actions of the other
branches.
Scenarios: describe how the power is being checked
 Congress overrides Obama veto
 Obama names a justice to the Supreme Court
 Ford pardons Nixon
 President calls for a special secession of Congress
 Court declares Congressional Act unconstitutional
 Senate ratifies Panama Canal Treaty
Can a state do that???
 The United States passes a law promising to preserve and to
protect Native American tribes. Oklahoma wants to take
away the land of various tribes located within its state in
order to build new state buildings and a shopping district.
 Under the Supremacy Clause of the U.S., Oklahoma may not
take away land of a federally recognized Native American
tribe since doing so would violate the tribe's political interest
in which the U.S. has promised to protect.
Marbury v. Madison
 https://www.youtube.com/watch?v=KwciUVLdSPk
Amending the Constitution
 What is the process for amending the Constitution?
 4 Possibilities:
1
2
3
4
• Proposed by
Congress
2/3 of both
houses
• Ratified by
¾ of state
legislatures
• Proposed by
Congress
2/3 of both
houses
• Ratified by
¾ of state
ratifying
conventions
• Proposed
national
convention
called by 2/3
of states
• Ratified by
¾ of state
legislatures
• Proposed by
national
convention
called by 2/3
of states
• Ratified by
¾ of state
ratifying
conventions
Ratification
 Federalists:
 Anti Federalists