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The Constitution Chapter 3.

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Presentation on theme: "The Constitution Chapter 3."— Presentation transcript:

1 The Constitution Chapter 3

2 The Six Basic Principles
Section I The Six Basic Principles

3 The Constitution Basic framework of our government Sections
Not a weighty document Sections Preamble Introduction; Short & Noteworthy 7 Articles A. I: Legislative Branch A. II: Executive Branch A. III: Judicial Branch A. IV: Relations among States A. V: Amending the Constitution A. VI: National Debt, Supremacy of Nat’l Law, Oaths of Office A. VII: Ratifying the Constitution 27 Amendments

4 Basic Principles

5 Popular Sovereignty Political power rests with the people
Only source of governmental power Preamble, “We the people…” People have given their power to the government States have similar principals Goes back to the “Social Contract” Theory

6 Limited Government Government is NOT all powerful
Given control by the populace Flip side of “Popular Sovereignty” coin Government must obey the law Governmental conduct must be constitutional Rule of Law Government & officials subject to the law

7 Separation of Powers Powers spread through the 3 branches
Legislative Branch Makes laws Executive Branch Enforces laws Judicial Branch Interprets laws

8 Checks & Balances Branches of the Government tied together
Constitutional Checks (restraints) Page 68 Clashes do occur Executive appointments Overriding vetoes Impeachment of U.S. Presidents Only happened twice (A. Johnson & B. Clinton) Conflicts try to be avoided System works best if Congress & President are the same party Prevention of “unjust combination of the majority”

9 Judicial Review Power of the Courts to check governmental actions
Deem laws unconstitutional; null and void Held by Federal & most State courts Not fully expressed in the Constitution Called for in Federalist Papers #51 & 78 Landmark case Marbury vs. Madison (1803)

10 …Continued Government usually found in the right Not always, though
150 cases found Congress’ actions were Unconstitutional Struck down Executive appointments More than 1100 State laws have been struck down

11 Federalism Division of power among Central & Regional governments
Federal government holds some power Other powers belong to the States Stemmed from two historic issues Powerful central government 3000 miles away Weak central government under the A of C

12 Section II Formal Amendment

13 The Formal Amendment Process
Framers knew that the Constitution would need to change over time Article V Four formal amendment processes First Method 2/3 vote in each Congressional House Ratified by 3/4 of State Legislatures 38 States today 26 of 27 amendments adapted this way

14 Amendment proposed by Congress
Second Method Amendment proposed by Congress 3/4 of State Conventions needed to approve 21st Amendment (1933) Repealed 18th Amendment Reflects votes of the people Third Method National Convention Called by Congress & 2/3 of States (34) Ratified by 3/4 of State Legislatures Fourth Method Proposed by National Convention Ratified by 3/4 of States Constitution was adopted this way

15 Federalism & Popular Sovereignty
Federal character shown in amendment process Proposed at National level, Ratified at the State level Criticism of Ratification process Should be State convention not Legislative action States cannot give voters a say until State Legislatures have ratified Advisory vote maybe administered to the people

16 Proposing An Amendment
No State can be denied the right to vote Resolutions for amendments are not sent to the President Proposing an amendment, Not a law States can later approve Amendments 15,000 resolutions since 1789 33 sent to States 27 ratifications Time limits placed on Amendment process Modern time line; 7 years

17 Amendments 27 Amendments Bill of Rights
Helped Constitution keep pace with Modern times Bill of Rights 1791 Helped cease criticism of Constitution among States First Ten Amendments Freedom of Belief & Expression Fair & Equal treatment under the Law 10th; Reserved power of Federal system

18 11th: Immunity of States from certain lawsuits (1795)
2 years to ratify 12th:Changes in electoral college procedures (1804) 11 months 13th: Abolition of slavery (1865) 6 months 14th:Citizenship, due process, equal protection (1868) 2 years 15th: No denial of vote because of race, color, or previous enslavement (1870)

19 16th: Power of Congress to tax income (1913)
3 years 17th: Popular election of U.S. Senators (1913) 10 months 18th: Prohibition of alcohol (1919) 1 year 19th: Woman suffrage (1920) 20th: Change of dates for start of presidential and Congressional terms (1933) 21st: Repeal of Prohibition (1933) 9 months

20 22nd: Limit of presidential terms (1951)
3 years 23rd: District of Columbia vote in presidential elections (1961) 9 months 24th: Ban of tax payment as voter qualification (1964) 1 year 25th: Presidential succession, vice presidential vacancy, & presidential disability (1967) 26th: Voting age of 18 (1971) 3 months 27th: Congressional pay (1992) 202 years

21 Constitutional Change by Other Means
Section III Constitutional Change by Other Means

22 Basic Legislation Congress is an agent of change
Adding “flesh” to the skeletal portions of the Constitution Article III, Sec. I- Est. of a Supreme Court Congress has established lower courts Congress has added ways of dealing with many powers Interstate trade and International commerce Economic world is different from the 1790’s

23 Executive Actions & the Courts
Presidential power has led to growth in the Constitution Commander-in-Chief of the Army Declared war without Congressional consent Executive Agreements Pact between the President and the Head of another State Different from Treaties which must be approved by the Senate Less cumbersome than treaties Court Decisions Courts interpret and apply Constitution in cases

24 Party Practices Parties major source for change
Not mentioned in Constitution Framers opposed the development of parties Constitution does not speak of Presidential nominations 1830’s on parties have set a Candidate Electoral College has become a “rubber stamp” of State popular vote. Congressional Houses are basis of party structure Presidential appointments are of the same party Government of the parties

25 Customs Customs and not the Constitution have created institutions
Cabinet Heads of 15 Executive Dept. Vice President Steps into office upon the President’s death or removal Not an Amendment until the 25th Senatorial Courtesy Consultation of Senators by President for political appointments Term Limits Custom set by GW that Presidents served two terms FDR ran for and won a 3rd and 4th Term in Office 22nd Amendment added in 1951

26 Federalism: The Division of Power
Chapter IV, Section I Federalism: The Division of Power

27 Why Federalism? Division of governmental power between a central (national) government & regional governments Each location has its own set of powers Cannot change unless it is across the whole system Each level operates its own agencies American system set in our Constitution Division of Powers National & State governments

28 …Continued Dual system of government Strength Strength through unity
Two levels with separate fields of authority Each operates over the same people at the same time Strength Local action in local matters National action in areas of wider concern Strength through unity National defense and foreign affairs Ex. Natural Disaster: Local, State, & National Government agencies may become involved

29 Powers of the National Government
Expressed Powers Expressed to the National Government in our Constitution Enumerated powers Congressional Powers (Article I, Sec. VIII) Collect taxes, coin money, regulate foreign/interstate commerce, declare war, etc. Executive Powers (Article II, Sec. II) Commander-in-Chief of the army, grant reprieves and pardons, make treaties, etc. Judicial Powers (Article III) Expressed powers found in Amendments 16th Amendment allows levy of income tax

30 …Continued Implied Powers The Necessary and Proper Clause Examples
Article I, Section VIII, Clause 18 Congress has implied powers, though not fully expressed Elastic Clause-Stretches over so many situations Examples Building of hydroelectric power dams Building interstate highway system Prohibited racial discrimination

31 …Continued Inherent Powers
Powers given to the government because it is the government of a sovereign state Framers meant for government to have power Examples Regulate immigration Deport aliens Acquire territory Recognize and deal with other States Powers exist because the U.S. does

32 Powers Denied to the Nat’l Government
Expressed Taking private property for public use without payment Prohibiting freedom of religion, speech, etc. Silent Denials National public school system Enact uniform marriage or divorce laws Silence of Con. denies the government power Federal Denials Government cannot tax the States Could tax States out of existence

33 The States Powers Reserved
Reserved Powers Con. does not grant Nat’l government powers, does not deny States States can, Set drinking age Est. public schools Set speed limits Most government actions are done by the States States protect and promote local health and safety

34 The States Powers Denied
States cannot enter into a treaty, alliance, or confederation States cannot print money Deprivation of citizen rights Above are Expressed Denials States cannot tax National agencies Inherent Denials State constitutions deny states powers

35 The Exclusive & The Concurrent Powers
Exclusive Powers Powers delegated to our Nat’l Government Exercised by the Government alone Cannot be applied by the States Ex. Coining Money

36 …Continued Concurrent Powers
Possessed by both the State & National Governments Not exclusively granted to the National Government but not denied to the States Ex. Levying Taxes

37 Federal System & Local Government
3 Levels of Government National, State, & Local 2 Basic Federal levels National & State 87,000 local government units Subunits of State governments Located within all 50 states Provide services, regulate activities, collect taxes, etc. States are a Unitary government Allow for the existence of local governments

38 Supreme Law of the Land Two levels of government breed conflict
Framers understood that conflicts would occur Supremacy Clause Article VI. Sec. II Constitution & Laws are supreme authority Constitution can stand alone Joins together National Government and the States into 1 unit

39 Supreme court & Federalism
Umpires of the Federal System Apply Supremacy Clause when conflicts arise McCulloch vs. Maryland (1819) Maryland hoped to cripple the Second Nat’l Bank by taxing it McCulloch, cashier of the bank, refused to pay taxes Maryland courts convicted him U.S. Supreme Court overturned Maryland’s decision Courts helped the U.S. survive the early years

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