the constitution · •original constitution - senators elected by state legislatures (indirect...

Copyright © 2016, 2014, 2011 by Pearson Education, Inc.All Rights Reserved

2The Constitution

Bettmann/CORBIS

Short

Explanation

Of

Constitution

https://www.youtube.com/watch?v=bgh1jDv9b5w





Constitution USA

Episode 1

A More Perfect Union

Questions

Does the Federal Government have too

much power or not enough?

Did the framers succeed in maintain a balance

of power or is their too much confusion and

redundancy?

Are their things states do better than the

federal government?


Constitution USA

Episode 4

Built to Last?

Questions

Is our Constitution up to the challenge

of the 21st century?

What amendments would you propose?

Is gridlock in Congress bad for our country or

sometimes necessary

Does the Executive branch have too much

power?


Gentlemen in Philadelphia in

1787

Only constitutional convention ever held

Who attended Constitutional Convention? 55 delegates from 12 states

Wealthy planters, lawyers, merchants

No women, blacks, Native Americans

2.3


Bundle of Compromises: 2.3

Great Compromise - Representation

3/5ths Compromise – Slavery

Preamble – Goals of Constitution

Total of 7 Articles in Constitution

1st – Legislative

2nd – Executive

3rd – Judicial

4th – Full Faith & Credit Clause

5th – Amending Constitution

6th – Supremacy Clause

7th – Ratification of Constitution


Ratification

Ratification by special convention

Got around state legislatures

Delaware first to approve

New Hampshire made it official

New York and Virginia critical

North Carolina and Rhode Island hold out

2.6


The Individual Rights Issues

Equality is NOT a basic principle of the

Constitution

Preserving individual rights a priority

Personal freedoms in the Constitution Suspension of habeas corpus prohibited

Bills of attainder prohibited

Ex post facto laws prohibited

Religious qualifications for office prohibited

Strict rules for what constitutes treason

Right to trial by jury

2.4


Thwarting Tyranny of the

Majority

Limiting majority control James Madison's system

Separating powers

Creating checks and balances

Establishing a federal system

2.5


Limited Government• What national & state governments can and cannot do.

• Federalism• Delegated Powers

• Reserved Powers

• Concurrent Powers

• Implied Powers

• Separation of Powers – Legislative, Executive and Judicial

• Checks and Balances

• Flexibility – Amendments, Elastic Clause, Judicial Review


FIGURE 2.3 The Constitution and the

electoral process: The Original plan

2.5


FIGURE 2.4 Separation of Powers and

Checks and Balances in the Constitution

2.5


The Bill of Rights

First 10 Amendments of Constitution

2.6

continued on next slide


The Bill of Rights (arranged by function) 2.6


Changing the Constitution2.7


The Formal Amending Process

Total 27 Amendments to Constitution

Proposal

Two-thirds vote in each house

National convention called by Congress

Ratification

Legislatures of three-fourths of states

Special state conventions

2.7


FIGURE 2.5 How the Constitution can be

amended

2.7


Informal Processes of

Constitutional Change

Most changes have been informal

Judicial interpretation

Marbury v. Madison (1803)

Changing political practice

Technology

Increased demands for new policies

2.7

Branches of Federal Government

Government 12

3 Branches of Government

• Legislative Branch

– To Make the Laws

• Executive Branch

– To Enforce the Laws

• Judicial Branch

– To Interpret the Laws

Legislative Branch

• Article I

• Divided - Senate and House of Representatives

• Main roles and powers:

– To pass laws

– Declare war

– Regulate trade

– Regulate money

– Impeach federal officials

– Override presidential vetoes (2/3 vote in each

house)

Requirements and Terms of

Service• Senate:

– Term: Unlimited 6 year terms

– Requirements: Age 30, 9 year citizens of US and resident of the state

– Elected by popular vote

• Original Constitution - Senators elected by state legislatures (Indirect Election)

– 17th amendment - popular vote (Direct Election)

• House of Representatives:– Term: Unlimited 2 year terms

– Requirements: Age 25, 7 year citizens of US and resident of the state

– Elected by popular vote (Direct Election)

Special Powers & Responsibilities

• Senate:

– Approve presidential nominations to federal courts

(including the Supreme Court, by majority vote)

– Approve presidential appointments to federal positions

(by a majority vote)

– Approve treaties (by 2/3 vote)

– Serve as jury in impeachment trials

– Select Vice-President if electoral college fails

• House of Representatives:

– Originate all spending ($$) bills

– Serve as prosecution in impeachment trial

– Select President if electoral college fails

Representation

• Senate:

– Each state - 2 Senators

• House of Representatives:

– Each state's number of representatives

• proportional to population

– Number of Representatives

• Fixed at 435

• Division among states determined by census

(population count)

– Conducted ever 10 years

• Required by the Constitution

Executive Branch• Article II of Constitution - Main roles and powers:

• Chief Executive– Head of federal bureaucracy and all federal agencies

– Nominate federal judges (require Senate confirmation) • Supreme Court

• Chief Diplomat– Representative of United States to foreign governments

– Make treaties with foreign nations (require 2/3 vote in Senate for approval)

• Chief Legislator– Recommend laws to Congress

– Veto legislation

– Approve legislation passed by Congress

• Commander-in-Chief of Armed Forces– Supreme commander of all branches of US military

• Chief of State– Ceremonial head of US Government

Special Powers & Responsibilities

• Judicial

– Grant pardon

• Forgiving individual of his/her crime(s)

– Grant amnesty

• Forgiving a group of people of a specific class of

crime)

Requirements and Terms

of Service• Terms: Serves maximum of 2 terms of 4 years

– Original Constitution - unlimited terms of service

– Revised by 22nd amendment (1951)

• Requirements:

– Must be over 35

– Natural born citizen

– 14 year resident of United States

• Electoral College – Indirect Election

– Educated / Informed voters for presidency

Judicial Branch

• Article III

• Most significant power of judicial branch

– Judicial Review

• First stated by Chief Justice John Marshall

– 1803 case Marbury vs. Madison

– Not in Constitution

• Main roles and powers:

– Interpret law

– Power of judicial review

– Chief Justice presides over trials of presidential

impeachment

Judicial Review• Allowed by Constitution

– Laws passed by Congress

– Treaties negotiated by President and approved by Senate

– Actions by President in enforcing the law

– Laws passed by states

• Jurisdiction (Supreme Court):– Hears cases appealed from lower federal or state courts

– Court has original jurisdiction (may hear a case first) in cases involving • State vs. state

• Branch vs. branch

Requirements and Terms of Service

• Terms: Serve for life

• Nominated by President and approved by

Senate

– May be removed by impeachment proceeding

• Requirements: No specific requirement

for judgeship in Constitution


Understanding the

Constitution

2.8


The Constitution and

Democracy

Original Constitution created a republic,

not a democracy Framers thought elites should govern

Representative democracy allowed Constitution to

become more democratic

From elitism to pluralism Voting qualifications left up to states

5 amendments have expanded electorate

More officials chosen by popular election

2.8

the constitution · •original constitution - senators elected by state legislatures (indirect...

Documents