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CHAPTER 3: “THE U.S. CONSTITUTION”

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1 CHAPTER 3: “THE U.S. CONSTITUTION”

2 IDEALS OF THE CONSTITUTION
A. Consent of the Governed 1. Popular Sovereignty - consent of the governed. 2. Preamble - introduction that explains why the U.S. Constitution was written. a. Begins with “We the people”

3 B. Goals of the Constitution (6 of them)
1. “To form a more perfect union” 2. “To establish justice” 3. “To ensure domestic tranquillity” a. Peace within the nation. 4. “To provide for the common defense” 5. “To promote the general welfare” 6. “Secure the blessings of liberty” a. Safeguard the freedom of people.

4 IN YOUR SMALL GROUPS RANK THE GOALS FOR THE U
IN YOUR SMALL GROUPS RANK THE GOALS FOR THE U.S GOVERNMENT IN ORDER FROM MOST IMPORTANT TO LEAST. WHY DOES YOUR GROUP FEEL THIS WAY? (5 MIN)

5 C. A FEDERAL SYSTEM 1. Division of Powers - concerned with the
relationship between two levels of government. (Federalism) 2. Delegated Powers - Powers granted federal government by the Constitution. (Article 1) 3. Reserved Powers - States, or the people can keep some powers for themselves. (10th Amendment)

6 4. Concurrent Powers - Powers that belong
to the states and national government. a. National Supremacy - When state and national laws conflict, national laws must be followed. b. Preempted - national government laws overruling state laws. 5. Federal government rules are spelled out. 6. Any rules not mentioned are left for the states or people.

7 IN YOUR SMALL GROUPS LIST AS MANY DELEGATED, CONCURRENT, AND RESERVED POWERS AS YOU CAN. ( 4 MIN.)

8 HOW FEDERAL AND STATE POWERS ARE DIVIDED

9 D. WHAT DOES THE CONSTITUTION SAY ABOUT THE STATES.
1. Does not tell states exactly how they should be run. 2. Several parts of the Constitution are especially important for understanding the role of state government.

10 E. RELATIONS BETWEEN STATES
1. Each state honors acts of other states. (Article IV) 2. Rights of State Citizenship - Each citizen of the U.S. is also a citizen of the state in which he or she lives. (14th amendment) 3. States cooperate through extradition. a. Extradition - sending back an accused person of a crime. b. Can be denied but are usually granted.

11 F. National Promises to the States
1. Promises concerning new states. a. Congress can admit new states to the union. (Article IV) 2. Promise of republican government. a. No state will be allowed to fall under the control of an absolute. 3. Promise of Defense a. National government will protect each state from foreign and internal invasion.

12 THE GROWTH OF NATIONAL SUPREMACY
1. Constitution, laws and treaties are the national law of the land. A. Implied Powers 1. McCulloch v. Maryland a. Congress tried setting up a federal bank. b. States felt that this was illegal. c. Maryland tried to punish its branch of the federal bank by giving it a high tax.

13 d. State of Maryland sued the bank cashier
when that bank refused to pay the tax. e. Supreme Court ruled that the tax was unconstitutional and did not have to be paid. KNOWING WHAT YOU KNOW ABOUT THE THREE TYPES OF POWERS IN YOUR SMALL GROUPS DISCUSS IF THE SUPREME COURT WAS CORRECT IN ITS DECISION. - National government was exercising a delegated power.

14 -Court ruled that setting up the bank was
“necessary and proper” or an implied power. f. Elastic Clause - Necessary and proper laws can be stretched to give the national government more power. (Made the tenth amendment less important.) B. STATES MAY NOT SECEDE 1. Secede - leave the union.

15 2. Southern states became frustrated that
they could not get Congress to pass the laws they wanted. a. Lead to the Civil War ( ) -Abolished slavery -Strengthen national supremacy C. National Laws Cannot Be Nullified 1. Brown v. Topeka Board of Education a. Unconstitutional for there to be separate schools for blacks and whites.

16 b. Some states tried to nullify (disregard)
the national law. c. President Eisenhower sent troops to enforce the decision.

17 THE THREE BRANCHES OF GOVERNMENT
1. The government is divided into three branches. a. Legislative b. Executive c. Judicial 2. Each branch has a different function. 3. The members of each branch are chosen in different ways. 4. Each branch has the same amount of power.

18 A. Legislative Branch 1. Congress is the legislative branch.
a. Established by article 1 of the Const. 2. Law MAKING branch of government. 3. Congress is bicameral - made up of two houses. 4. Bicameral legislature was set up because of a compromise between large and small states.

19 5. Why have two houses. a. Slow down the making of laws b. A separation of power between the two houses. (Check and Balance) 6. All tax proposals must originate in the House of Representatives. Why? a. Members are elected from a smaller geographical area. (They thus represent more people.)

20 7. Senate has more responsibility over
foreign relations. a. No treaty is valid unless approved by 2/3 vote of Senate.

21 B. THE EXECUTIVE BRANCH 1. Article II of the Constitution gives the
executive power to the President. a. The President must carry out the laws. 2. President can not make laws. 3. President’s other jobs: a. Make treaties b. Commander and Chief of the armed forces. (Can not declare war.) c. Has a check and balance over legislation passed. (veto power)

22 d. Congress can override the veto.
4. Constitution does not list the President’s responsibilities at great length.

23 C. THE JUDICIAL BRANCH 1. Main job is to adjudicate or interpret the
laws. 2. Established by Article III of the Const. 3. Civil Case - disagreements between persons or between citizens and government. a. Involves claims that one person has on another. b. May involve a contract.

24 c. Purpose of a civil trial is to help the court
find out who is legally right. d. Civil Laws - laws that tell courts how to settle civil cases, or lawsuits. 4. Criminal Cases - Case brought to court because someone has been accused of a crime. a. Kidnapping, robbery are examples. b. Government asks the courts to determine whether accused person are innocent or guilty.

25 c. Some types of penalties are fines, jail
time, and probation. -Probation - period of time during which people found guilty of crimes must prove that they can change their behaviors. 5. Civil and criminal laws must agree with the Supreme Law of the Land. 6. Judicial Review - power of the courts to interpret the Constitution and to decide when laws, acts, and failures to act are against the Constitution.

26 a. Is an important check and balance the
courts have over Congress and the President. 7. Supreme Court is the highest court in the United States.

27 D. Checks and Balances 1. Ensures no branch becomes too powerful.
2. Each branch has powers to check, or limit, the powers of the other two branches. a. Listed on pg. 42 of textbook.

28 A FLEXIBLE DOCUMENT 1. Framers planned a system of
government that could change to meet the changing needs in the U.S. A. Provide for Change 1. 3 ways the Constitution can provide for change: a. Amendment b. Interpretation c. Custom

29 B. The Amendment Process
1. Amendment - written change made to the Constitution. a. Process: Article 5 of Constitution b. 3/4 of states must approve. (38 of 50) 2. May be proposed in two ways: a. 2/3 vote of both houses of Congress. b. 2/3 of the states (34 of 50) can ask Congress to call a National Convention.

30 - Never successfully used.
3. Two ways to ratify amendments: a. Sending to state legislatures. (Most common method.) b. Sending to state conventions - member are elected by the people in each state. 4. Repeal - cancel, by another amendment. a. Can happen if people do not like the way an amendment is working. b. Has only happened once. (18th amendment.)

31 C. Interpreting the Constitution
1. Congress and Supreme Court can interpret the way laws are written. a. Different people have different interpretations. 2. Example: minimum wage law D. Custom and Traditions 1. Things that have happened in the past that are now common place. 2. Example: George Washington’s cabinet - group of advisors.

32 POSSIBLE ASSIGNMENTS 1. Section review (Pg. 41, 43, 47)
2. Write a Constitution for the student council. 3. College on the functions of the 3 branches of government. 4. Summarizing Articles of Confederation. (What, why, where, when, and how was it reported.) 5. Collect and articles that reflect Constitutional questions. (Where is it offered?) 6. Collect and summarize an article on Federalism. 7. Skills worksheet (pg. 3) 8. Reteach worksheet (pg. 5) 9. Building your Portfolio 10. Chapter 12 worksheet 11. American Gov. Wks. (Pg.17, 18) EXTRA CREDIT (10 pts.) 1. Voc worksheet, Reviewing Main Ideas, Thinking Critically


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