Transcript File

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