chapter three (mhs)

Chapter ThreeThe Constitution

Constitution

Structure and PrinciplesSection One

Structure• The U.S. Constitution

is extremely simple and brief compared to others around the world.

• The Framers wisely left it to future generations to work out such details as the need arose.

• 7,000 word separated into three pars.

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.

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Seven Articles

First- Legislative Branch• Make laws• Powers

Second- Executive Branch• Qualifications• Electing• Powers

Articles

Three- Judicial• Create federal courts• Jurisdiction- the authority of the supreme to

rule over case.

Four- States Relationship to Federal

• Article of the Constitution that regulates the states' powers, and their interaction with the National government.

Five- Amending the Constitution• sets up the amendment process.

Articles

Six- Supreme Law of the Land• No law can supersede the Constitution

(Supremacy Clause)

Seven- Ratification• 9 out of 12 states have to ratify

Major Principles

1. Popular Sovereignty- People are the source of governmental power.

2. Federalism- Power is divided between national and state government.

3. Separation of Powers—each branch of government has its own responsibility

4. Checks and Balances- holds some control over the other two branches.

5. Judicial Review- Courts have power to declare laws and actions of Congress and the president unconstitutional.

6. Limited Government- The Constitution limits the powers go government .

Marbury v. Madison Supreme Court Case

I Won’t Remember All That!Two Words: Judicial Review

U.S. Constitution

Three Branches of Government Section Two

Legislative Branch in the Constitution

Expressed Powers

directly stated in the Constitution

The Framers thought the legislative branch would be the most important

The were also very worried of the abuse of power.

That is way many of powers that Congress has are Expressed Powers

Powers of Congress

Elastic Clause

Make all laws “necessary and proper”. This clause

lets Congress stench with the times.

Borrow money

Coin money

Declare war

Regulate the armed forces

The most important is the Elastic Clause

Question Should we have a broad interpretation of the Construction or a strict view?

Branches Executive BranchSection Two

Article II

There was no President in the Articles of Confederation, we lead from that mistake!

This branches role is to create out the laws made my Congress.

The President has steadily gained power since the time of George Washington.

Kid President

Powers of the President

veto legislation, command the armed forces, ask for the written opinion of his Cabinet, convene or adjourn Congress, grant reprieves and pardons, and receive ambassadors.

The Presidency Then and Now

Federal Bureaucracy

government by many bureaus, administrators,

and petty officials.

George Washington would not recognize his former position.

Obama’s schedule is sometimes minute by minute.

He has a massive federal bureaucracy with hundreds of staff, millions of military personal, and departments

Branches Judicial Branch Section Two

Jurisdiction of Federal Courts

Federal Courts

• Treaties

• Constitution

• State to State

Two different systems of courts

1. Federal courts

2. Court in the States

• Each one of these systems only has jurisdiction in certain areas

Federal Courts Then and Now

What Supreme Court Case gave the court

Judicial Review?

Marbury V. Madison

In the 1800, Supreme Court judges were assigned to “ride circuit” which are when they move town to town hearing cases.

The power to declare laws unconstitutional is what gave the Courts their power.

The President as Legislator

The State of the Union is given in January

The president proposes much of the legislative agenda and spells out the details of programs that are enacted into law.

What famous speech does the President give

every year that addresses the

legislative agenda?

Amending the Constitution Section Three

The Process First

2/3 vote in both bodies of Congress.

The only one that has been used.

Second

National convention including all the states with

2/3 vote.

Never been used

In Article Five of the Constitution.

There are two ways to do it.

Question

What are some ideas that would be good to add to the Constitution?

• Women’s Rights

• Balance Budget

• Limit on Supreme Court Judge’s Terms

Ratifying AmendmentsLegislatures

Three Fourths of the States have to agree to make it an amendment.

That is 30 states!

Convention

3/4ths of the members in this Convention have to ratifying as well.

Congress has seven years to complete these processes

Presidential Changes

Presidential Succession- Does the Vice President stay as president until the end of the term or do they just stay their until an election is held.

Foreign Affairs- A President can not sign a treaty with another country with congressional approval, but they can do an executive agreement, which is made directly with another country’s leader.

Press