Transcript Govt. Ch 3-4 PP no bkgdx

Ch. 3 - The Constitution
Section 1 - The Six Basic Principles
Structure -
Constitution is brief compared to other constitutions
- about 7,000 words - divided into three parts
State Constitutions
State
Constitutions
Length
Amendments
Arkansas
5
40,720
84
California
2
54,645
508
Georgia
10
25,000
48
Maryland
4
41,349
212
New York
4
51,700
216
Ohio
2
36,900
158
Oklahoma
1
9,153
157
Texas
5
80,806
377
Ch. 3 - The Constitution
Section 1 - The Six Basic Principles
Structure -
Constitution is brief compared to other constitutions
- about 7,000 words - divided into three parts
The Preamble The Preamble states why the Constitution was written and
lists its goals - “We the people”
“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.”
Ch. 3 - The Constitution
Section 1 - The Six Basic Principles
Structure -
Constitution is brief compared to other constitutions
- about 7,000 words - divided into three parts
The Preamble The Preamble states why the Constitution was written and
lists its goals - “We the people”
Seven Articles Each article deals with a specific topic and are divided into
sections and paragraphs Ex.: Art. I, Sect. 8, Para. 18
Article I - Legislative Branch
ARTICLE I. Section 1.
All legislative Powers herein granted shall be vested in a
Congress of the United States, which shall consist of a Senate and
House of Representatives.
Seven Articles Each article deals with a specific topic and are divided into
sections and paragraphs Ex.: Art. I, Sect. 8, Para. 18
Article I - Legislative Branch
Article II - Executive Branch
ARTICLE II. Section. 1
The executive Power shall be vested in a President of the
United States of America.
Seven Articles Each article deals with a specific topic and are divided into
sections and paragraphs Ex.: Art. I, Sect. 8, Para. 18
Article I - Legislative Branch
Article II - Executive Branch
Article III - Judicial Branch
ARTICLE III. Section. 1
The judicial Power of the United States, shall be vested in one
supreme Court, and in such inferior Courts as the Congress may
from time to time ordain and establish.
Seven Articles Each article deals with a specific topic and are divided into
sections and paragraphs Ex.: Art. I, Sect. 8, Para. 18
Article I - Legislative Branch
Article II - Executive Branch
Article III - Judicial Branch
Article IV - State to state / National to state relations
Article V - Amending process
Article VI - “Supremacy clause”
ARTICLE VI
“This Constitution, and the Laws of the United States which shall
be made in Pursuance thereof… shall be the supreme Law of the
Land; any Thing in the Constitution or Laws of any State to the
Contrary notwithstanding.”
Seven Articles -
Each article deals with a specific topic and are divided into
sections and paragraphs Ex.: Art. I, Sect. 8, Para. 18
Article I - Legislative Branch
Article II - Executive Branch
Article III - Judicial Branch
Article IV - State to state / National to state relations
Article V - Amending process
Article VI - “Supremacy clause”
Article VII - Ratification process
ARTICLE VII
“The Ratification of the Conventions of nine States, shall be
sufficient for the Establishment of this Constitution…”
Seven Articles -
Each article deals with a specific topic and are divided into
sections and paragraphs Ex.: Art. I, Sect. 8, Para. 18
Article I - Legislative Branch
Article II - Executive Branch
Article III - Judicial Branch
Article IV - State to state / National to state relations
Article V - Amending process
Article VI - “Supremacy clause”
Article VII - Ratification process
Seven Articles E
____
A) Amending process
C
Article II ____
B) Ratification process
G
Article III ____
C) Executive Branch
F
Article IV ____
D) “Supremacy clause”
A
Article V ____
E) Legislative Branch
D
Article VI ____
F) State to state / Nat. to state relations
B
Article VII ____
G) Judicial Branch
Article I
The Amendments - 27 Additions or changes to the Constitution
1st ten amendments are the “Bill of Rights”
Six Basic Principles Constitution is based on six basic principles of government
1. Popular Sovereignty
The people are the source of governmental power “by the consent of the governed”
2. Limited Government
The government may only do what the people have given it
the power to do
3. Separation of Powers
Power of the National Government is distributed among
the Legislative, Executive, and Judicial branches
Designed to keep any branch from gaining too much power
4. Checks and Balances
Each branch has power to “check” the power of the other two
branches
The Executive branch “checks”:
The Legislative branch by means of:
- Presidential veto of legislation
The Judicial branch by means of:
- Supreme Court and other federal appointments
The Legislative branch “checks”:
The Executive branch by means of:
- Override veto
- Impeachment of President
- Approval of presidential appointments
The Judicial branch by means of:
- Impeachment of judges
- Approval of appointed justices and judges
The Judicial branch “checks:
The Legislative branch by means of:
- Declaring legislative acts as unconstitutional
The Executive branch by means of:
- Declaring executive actions to be unconstitutional
- Appointed for life; free from executive control
Check & Balances
4. Checks and Balances
Each branch has power to “check” the power of the other two
branches
5. Judicial Review
Power of the court to find government action unconstitutional
- Established in Marbury v. Madison - 1803
6. Federalism
The division of power among national, state, local govt.
Federalism
Fed. Govt.
State Govt.
Local Govt.
Separation of Powers
Legislative
Executive
Judicial
4. Checks and Balances
Each branch has power to “check” the power of the other two
branches
5. Judicial Review
Power of the court to find government action unconstitutional
- Established in Marbury v. Madison - 1803
6. Federalism
The division of power among national, state, local govt.
Match the six basic principles with the correct phrase
D
____
E
____
A
____
B
____
F
____
C
____
A.
B.
C.
D.
E.
F.
1. Popular Sovereignty
2. Limited Government
3. Separation of Powers
4. Checks & Balances
5. Judicial Review
6. Federalism
three branches of govt.
veto / impeachment
government power at the national, state, local levels
“We the people”
government can only exercise the power it is given
Courts determine unconstitutionality
Section 2 - Amending the Constitution (Formal)
Amending Process - Article V
Demonstrates “Federalism” - amendments are proposed at
the National level and ratified at the State level
ARTICLE V.
The Congress, whenever two thirds of both Houses shall
deem it necessary, shall propose Amendments to this Constitution,
or, on the Application of the Legislatures of two thirds of the
several States, shall call a Convention for proposing Amendments,
which, in either Case, shall be valid to all Intents and Purposes, as
Part of this Constitution, when ratified by the Legislatures of three
fourths of the several States, or by Conventions in three fourths
thereof, as the one or the other Mode of Ratification may be
proposed by the Congress; Provided that no Amendment which
may be made prior to the Year One thousand eight hundred and
eight shall in any Manner affect the first and fourth Clauses in the
Ninth Section of the first Article.
Section 2 - Amending the Constitution
Amending Process - Article V Demonstrates “Federalism” - amendments are proposed at
the National level and ratified at the State level
Proposing:
Method 1:
a two-thirds vote in each house of Congress
Method 2:
a national convention, called for at the request of
two-thirds of the state legislatures (34 states)
Ratifying:
Method 1:
by three-fourths of the state legislatures (38 states)
Method 2:
by conventions in three-fourths of the states (38 states)
Amending
Marbury v. Madison
Key Terms:
John Adams
Thomas Jefferson
Marbury
Madison
writ of mandamus
Judiciary Act of 1789
John Marshall
Section 3 - Constitutional Changes by Other Means (informal)
Does not involve changing the Constitution, but helps define
the Constitution
Four areas:
Congressional Action Congress helps define the Constitution by the laws it passes
Presidential Action Presidents have often taken action beyond the powers
granted by the Constitution
Ex: Executive Agreements with other countries – actions during
national crisis
Supreme Court Decisions Court interprets non-specific phrases in the Constitution
Judicial Restraint -
Court should not attempt to make social change through
its decisions - narrow interpretation of Constitution
Judicial Activism Court should play an active role in shaping social policy use its decisions for positive change - broad interpretation
Custom Political customs that are not addressed in the Constitution
Ex: Political parties
Supreme Court Decisions Court interprets non-specific phrases in the Constitution
Judicial Restraint -
Court should not attempt to make social change through
its decisions - narrow interpretation of Constitution
Judicial Activism Court should play an active role in shaping social policy use its decisions for positive change - broad interpretation
Custom Political customs that are not addressed in the Constitution
Ex: Political parties
Ch. 4 - Federalism
Sect. 1 - Federalism: Powers Divided
Division of Powers The constitution established Federalism by granting and
denying powers to national and state governments
Federalism
Fed. Govt.
State Govt.
Local Govt.
Separation of Powers
Legislative
Executive
Judicial
Ch. 4 - Federalism
Sect. 1 - Federalism: Powers Divided
Division of Powers The constitution established Federalism by granting and
denying powers to national and state governments
Delegated Powers - 3 types
Powers granted to the national govt. by the Constitution
Expressed Those powers specifically stated in the Constitution
Art I, Sect. 8, Par. 1-17
ARTICLE I, Sect. 8
The Congress shall have Power To lay and collect Taxes…
To borrow Money on the credit of the United States;
To regulate Commerce…among the several States…
To coin Money…and fix the Standard of Weights and
Measures;
To establish Post Offices and post Roads;
To promote the Progress of Science and useful Arts, by securing
for limited Times to Authors and Inventors the exclusive Right to
their respective Writings and Discoveries;
To declare War…
To raise and support Armies…
Ch. 4 - Federalism
Sect. 1 - Federalism: Powers Divided
Division of Powers The constitution established Federalism by granting and
denying powers to national and state governments
Delegated Powers - 3 types
Powers granted to the national govt. by the Constitution
Expressed Those powers specifically stated in the Constitution
Art I, Sect. 8, Par. 1-17
Implied Powers not “expressly” stated in the Constitution but are
implied - “Implied Powers Clause” - Art. I, sec. 8, par. 18
McCulloch vs. Maryland - 1819
ARTICLE I, Section 8, Par. 18
“To make all Laws which shall be necessary and proper
for carrying into Execution the foregoing Powers…
ARTICLE I, Sect. 8
The Congress shall have Power To lay and collect Taxes…
To borrow Money on the credit of the United States;
To regulate Commerce…among the several States…
To coin Money…and fix the Standard of Weights and
Measures;
To establish Post Offices and post Roads;
To promote the Progress of Science and useful Arts, by securing
for limited Times to Authors and Inventors the exclusive Right to
their respective Writings and Discoveries;
To declare War…
To raise and support Armies…
Ch. 4 - Federalism
Sect. 1 - Federalism: Powers Divided
Division of Powers The constitution established Federalism by granting and
denying powers to national and state governments
Delegated Powers - 3 types
Powers granted to the national govt. by the Constitution
Expressed Those powers specifically stated in the Constitution
Art I, Sect. 8, Par. 1-17
Implied Powers not “expressly” stated in the Constitution but are
implied - “Implied Powers Clause” - Art. I, sec. 8, par. 18
McCulloch vs. Maryland - 1819
Inherent Powers that the National Government “traditionally” holds
but are not stated in the Constitution
Ex: controlling immigration, establishing foreign relations
Reserved Powers Powers held by the states - not delegated to the National
Government - 10th Amendment
Amendment X (1791)
“The powers not delegated to the United States by the
Constitution,… are reserved to the States respectively, or
to the people”
Inherent Powers that the National Government “traditionally” holds
but are not stated in the Constitution
Ex: controlling immigration, establishing foreign relations
Reserved Powers Powers held by the states - not delegated to the National
Government - 10th Amendment
Concurrent Powers Powers that both National and State Governments posses
Ex: Power to tax, establish courts, law enforcement,
social programs
Federalism
Denied Powers
Powers specifically denied to National or State governments
National Government Art. 1, sec. 9 & various amendments
ARTICLE I, Section 9
“The Migration or Importation of such Persons as any of the States
now existing shall think proper to admit, shall not be prohibited by the
Congress prior to the Year one thousand eight hundred and eight, but
a Tax or duty may be imposed on such Importation, not exceeding ten
dollars for each Person.
The Privilege of the Writ of Habeas Corpus shall not be suspended…
No Bill of Attainder or ex post facto Law shall be passed.
No Tax or Duty shall be laid on Articles exported from any State.
Denied Powers
Powers specifically denied to National or State governments
National Government Art. 1, sec. 9 & various amendments
States Art. 1, sec. 10 & various amendments
ARTICLE I, Section 10
“No State shall enter into any Treaty, Alliance, or Confederation…
coin Money…
No State shall, without the Consent of the Congress, lay any
Imposts or Duties on Imports or Exports…
No State shall, without the Consent of Congress, keep Troops,
or Ships of War in time of Peace, enter into any Agreement or
Compact with a foreign Power, or engage in War…”
Denied Powers
Powers specifically denied to National or State governments
National Government Art. 1, sec. 9 & various amendments
States Art. 1, sec. 10 & various amendments
Sect. 3 - Interstate Relations - Article IV
Interstate Compact Agreement among states
- Conservation / wildlife, law enforcement
Full Faith and Credit Clause In civil matters one state must recognize records from
another state such as marriage, licenses, law suits, etc.
Privileges and Immunities All states must recognize the rights of a citizen of another
state the same as their own citizens
Extradition A fugitive from one state will be returned if caught in another
state
No Person held to Service or Labour in one State, escaping into
another, shall be discharged from such Service or Labour, but
shall be delivered up on Claim of the Party to whom such Service
or Labour may be due.
The End