2 IDEALS OF THE CONSTITUTION A. Consent of the Governed1. Popular Sovereignty - consent of thegoverned.2. Preamble - introduction that explainswhy 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 commondefense”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 ofgovernment. (Federalism)2. Delegated Powers - Powers grantedfederal government by the Constitution.(Article 1)3. Reserved Powers - States, or the peoplecan 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 andnational laws conflict, national lawsmust be followed.b. Preempted - national government lawsoverruling state laws.5. Federal government rules are spelled out.6. Any rules not mentioned are left for thestates or people.
7 IN YOUR SMALL GROUPS LIST AS MANY DELEGATED, CONCURRENT, AND RESERVED POWERS AS YOU CAN. ( 4 MIN.)
9 D. WHAT DOES THE CONSTITUTION SAY ABOUT THE STATES. 1. Does not tell states exactly how theyshould be run.2. Several parts of the Constitution areespecially important for understanding therole of state government.
10 E. RELATIONS BETWEEN STATES 1. Each state honors acts of other states. (Article IV)2. Rights of State Citizenship - Each citizenof the U.S. is also a citizen of the state inwhich he or she lives. (14th amendment)3. States cooperate through extradition.a. Extradition - sending back an accusedperson 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 theunion. (Article IV)2. Promise of republican government.a. No state will be allowed to fall underthe control of an absolute.3. Promise of Defensea. National government will protect eachstate from foreign and internalinvasion.
12 THE GROWTH OF NATIONAL SUPREMACY 1. Constitution, laws and treaties are thenational law of the land.A. Implied Powers1. McCulloch v. Marylanda. Congress tried setting up a federalbank.b. States felt that this was illegal.c. Maryland tried to punish its branchof the federal bank by giving it ahigh 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 wasunconstitutional and did not have to bepaid.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 adelegated power.
14 -Court ruled that setting up the bank was “necessary and proper” or an impliedpower.f. Elastic Clause - Necessary and properlaws can be stretched to give thenational government more power.(Made the tenth amendment lessimportant.)B. STATES MAY NOT SECEDE1. Secede - leave the union.
15 2. Southern states became frustrated that they could not get Congress to pass thelaws they wanted.a. Lead to the Civil War ( )-Abolished slavery-Strengthen national supremacyC. National Laws Cannot Be Nullified1. Brown v. Topeka Board of Educationa. Unconstitutional for there to beseparate schools for blacks andwhites.
16 b. Some states tried to nullify (disregard) the national law.c. President Eisenhower sent troops toenforce the decision.
17 THE THREE BRANCHES OF GOVERNMENT 1. The government is divided into threebranches.a. Legislativeb. Executivec. Judicial2. Each branch has a different function.3. The members of each branch are chosenin different ways.4. Each branch has the same amount ofpower.
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 twohouses.4. Bicameral legislature was set up becauseof a compromise between large and smallstates.
19 5. Why have two houses.a. Slow down the making of lawsb. A separation of power between thetwo houses. (Check and Balance)6. All tax proposals must originate in theHouse of Representatives. Why?a. Members are elected from a smallergeographical area. (They thusrepresent more people.)
20 7. Senate has more responsibility over foreign relations.a. No treaty is valid unless approved by2/3 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 treatiesb. Commander and Chief of the armedforces. (Can not declare war.)c. Has a check and balance overlegislation passed. (veto power)
22 d. Congress can override the veto. 4. Constitution does not list the President’sresponsibilities 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 betweenpersons or between citizens andgovernment.a. Involves claims that one person has onanother.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 tosettle civil cases, or lawsuits.4. Criminal Cases - Case brought to courtbecause someone has been accused of acrime.a. Kidnapping, robbery are examples.b. Government asks the courts todetermine whether accused person areinnocent or guilty.
25 c. Some types of penalties are fines, jail time, and probation.-Probation - period of time during whichpeople found guilty of crimes mustprove that they can change theirbehaviors.5. Civil and criminal laws must agree withthe Supreme Law of the Land.6. Judicial Review - power of the courts tointerpret the Constitution and to decidewhen laws, acts, and failures to act areagainst the Constitution.
26 a. Is an important check and balance the courts have over Congress and thePresident.7. Supreme Court is the highest court in theUnited States.
27 D. Checks and Balances 1. Ensures no branch becomes too powerful. 2. Each branch has powers to check, orlimit, the powers of the other twobranches.a. Listed on pg. 42 of textbook.
28 A FLEXIBLE DOCUMENT 1. Framers planned a system of government that could change to meetthe changing needs in the U.S.A. Provide for Change1. 3 ways the Constitution can providefor change:a. Amendmentb. Interpretationc. Custom
29 B. The Amendment Process 1. Amendment - written change made tothe Constitution.a. Process: Article 5 of Constitutionb. 3/4 of states must approve. (38 of50)2. May be proposed in two ways:a. 2/3 vote of both houses ofCongress.b. 2/3 of the states (34 of 50) can askCongress to call a NationalConvention.
30 - Never successfully used. 3. Two ways to ratify amendments:a. Sending to state legislatures. (Mostcommon method.)b. Sending to state conventions -member are elected by the people ineach state.4. Repeal - cancel, by another amendment.a. Can happen if people do not like theway an amendment is working.b. Has only happened once. (18thamendment.)
31 C. Interpreting the Constitution 1. Congress and Supreme Court caninterpret the way laws are written.a. Different people have differentinterpretations.2. Example: minimum wage lawD. Custom and Traditions1. Things that have happened in the pastthat are now common place.2. Example: George Washington’scabinet - group of advisors.
32 POSSIBLE ASSIGNMENTS 1. Section review (Pg. 41, 43, 47) 2. Write a Constitution for the studentcouncil.3. College on the functions of the 3branches of government.4. Summarizing Articles of Confederation.(What, why, where, when, and how was itreported.)5. Collect and articles that reflectConstitutional questions. (Where is itoffered?)6. Collect and summarize an article onFederalism.7. Skills worksheet (pg. 3)8. Reteach worksheet (pg. 5)9. Building your Portfolio10. Chapter 12 worksheet11. American Gov. Wks. (Pg.17, 18)EXTRA CREDIT (10 pts.)1. Voc worksheet, Reviewing Main Ideas,Thinking Critically