THE CONSTITUTION

THE CONSTITUTIONChapter 3Section 1

To Get Us Started..The Word - Due or Die - The Colbert Report - 2012-06-03 - Video Clip | Comedy CentralSatire: wit, irony, or sarcasm used to expose or discredit folly or vice or to make a pointThe ConstitutionIt is Americas fundamental law, the Supreme Law of the Land.Its lasted over 200 yrs b/c it has built-in provisions for accommodating change! Its made up of:A preamble (Introduction)Articles (7 numbered sections)

The Seven ArticlesLook at page 758The first three: 3 branches of governmentArticle I, Section 8, Clause 3 (pg. 763)4: Relations among the states5: Provisions for amendments6: Public debts; Supremacy of national law; oaths of office7: Ratification of the Constitution27 Amendments follow. Well look at these later.

The Six Basic Principles1. Popular SovereigntyThis means that power resides with the people-Wethe People2. Limited GovernmentHolds that no govt is all-powerful. It must operate w/in certain bounds set by the people.

Limited GovernmentOften called: 1. constitutionalism-govt must be conducted according to constitutional principlesOR2. Rule of Law-the govt & its officers must obey the rule of law

Six Basic Principles Contd3. Separation of Powers: 3 branches of govt created

Separation of PowersConstitutional Principles: Separation of Powers - YouTubeSix Principles Contd

4. Checks and Balances: the system that helps keep 1 branch from dominating the actions of the others.Checks are restraintsSee page 68.Lets look at this system in more detail

ActivityComplete the checks and balances sheet.

Facts of Congress - Checks and Balances - YouTubeCHECKS AND BALANCESEach branch (Legislative, Executive, Judicial) is subject to restraints by the other branches.

EXAMPLES OF CHECKS & BALANCES

Congress can pass laws, but the President can VETO the law. However, Congress can override a veto by a 2/3rds vote in each house.Congress can refuse funds requested by the President, or the Senate can refuse to approve a treaty or an appointment. The President is the commander in chief, but Congress declares war.

Who Requires Senate Approval?Secretary of State, Secretary of Defense, etc.Head of CIAHeads of Departments:Department of Commerce, Department of Transportation, Department of Education, etc.

Sonia Sotomayor at her Senate hearing

EXAMPLES OF CHECKS & BALANCESThe President has the power to name all federal judges (including Supreme Court nominees) but the legislative branch can check the judicial branch by its power to remove judges through impeachment.Each appointment must be approved by majority vote in the Senate.

CHECKS & BALANCESThe courts have the power to determine whether or not acts of Congress and the President are constitutional, as we saw with the healthcare law.

CHECKS AND BALANCESBecause of the system, each branch is careful to see how the other branch will respond.The President wants his/her appointments confirmed, and Congress doesnt want its bills vetoed.This makes compromise important and necessary to get things done. This is easier when the Presidency and two houses are of the same party.

IMPEACHMENTThe H of Reps has impeached (brought charges against) a President-Andrew Johnson in 1868 and Bill Clinton in 1998, but both were acquitted by the Senate.

Executive OrderAn executive order can be challenged by the courts as unconstitutional.

Whats NOT an example of checks & balances????If the President makes an executive agreement, this is NOT an example of the checks and balances system.This would be, for example, an agreement the President has made with another country that is not a treaty so it doesnt need to be approved by the Senate. It is part of the Presidential Powers.

Group ActivityChecks and Balances

Six Principles Contd5. Judicial Review-the power of courts to determine whether what the government does is in line with what the Constitution providesThe power of judicial review applies to actions by BOTH the Federal Govt & the States-Is it constitutional?

Judicial Review

Not specifically in the ConstitutionThrough the Federalist Papers it appears the power is implied.Established by the Sup Crt case Marbury v. Madison in 1803 under Article 3 under Chief Justice John Marshall.Judicial ReviewJudicial Review YouTube

The Supreme Court . For Educators . Video | PBSSix Principles Contd6. Federalism-the division of power among a central govt and several regional govts.Compromise between nearly independent states and a too powerful central govt.

The PreambleBarney Fife & The Preamble to the Constitution - YouTubeWarEdwin StarrHitsville USA: The Motown Singles Collection 1959-1971, track 8/23, disc 4/41992R&B208809.3