Presentation on theme: "The Constitution The Engine of Our Republic “Supreme Law of the Land”"— Presentation transcript:
1 The Constitution The Engine of Our Republic “Supreme Law of the Land”
2 Constitution – Vocabulary [22 terms] 1. U.S. Constitution – 4,300 words in 7 main parts or sections called articles. Including the 27 amendments, there are 6,700 words.The seven articles are: a. Legislative b. Executive c. Judicial d. Relations Among States and the Federal Government e. Amending Process f. National Supremacy g. Ratification of the Constitution [9 of 13 colonies]2. Formal [constitutional] Amendments – 27 amendments ratified by the States [Over 10,000 have been proposed; 33 were sent to the States and 27 were approved.]3. Informal [non-constitutional] Amendments – non-constitutional changes implemented by:a. Party practices – conventionsb. Congressional laws – Constitution says congress can make “all laws necessary and proper” [elastic clause]. This allows them to stretch their power such as “the power to regulate currency” allowed them to create a national bank in 1819.
3 Constitution - Vocabulary c. Presidential actions – presidents have expanded the power of the presidency by doing things like sending troops into combat over 200 times.d. Customs – appoint cabinet positions and forming political parties.e. Court decisions – The Supreme Court just took the power of judicial review by declaring State and federal laws unconstitutional [null and void]. No one has challenged them on this.5. Weaknesses of the Articles of Confederationa. Could not collect taxesb. There was no executive branch [feared the re-establishment of a monarchy, however, there was no executive to enforce acts of congress due to bad experience with George III.].c. No national court systemd. Unanimous approval of all 13 States for an amendment [one State had veto power over any amendments]e. States had too much autonomy
4 Constitution - Vocabulary 6. New Jersey [small State] Plan – each State received one vote.7. Virginia [ large State] Plan – one house’s representatives would be based on population and they would chose members of the other house.8. Great [Connecticut Plan] Compromise – one house based on population [each State would get at least one representative] and the other house would have 2 members from each State.9. Bill of Rights – civil liberties [speech, religion, press, etc.] is the 1st 10 Amendments.10. Separation of Powers – power is distributed among the branches.
5 Constitution - Vocabulary 11. Checks and Balances – each of the three branches of government is subject to checks by either or both of the others.
6 Constitution - Vocabulary There are Three Delegated [granted] Powers of the National Government12. Expressed Powers of the National Government – written in constitution.13. Implied Powers of the National government – not written but implied in the constitution by the elastic clause [“shall make all laws necessary and proper” (which means “convenient and useful”)]14. Inherent Powers of the National Government – because of nationhood [like acquiring territory or deporting aliens]Delegated PowersExpressed Powers[enumerated]Implied Powers[suggested]Inherent Powers[historically possess]Written in theConstitution Elastic Clause:Necessary & Proper [hundreds]Just becauseit’s a nationExample:*Congress can coinmoney & declare warExample:*Congress buildsinterstate hwy sysExample:*Congress regulatesimmigration andacquires territory
7 Constitution - Vocabulary 15. Marbury v. Madison  – 1st case in which an act of Congress was declared unconstitutional [null and void] by the Supreme court. 1,000 laws of the States have been declared unconstitutional and acts of congress have been declared unconstitutional.16. Plead the 5th – don’t have to testify against yourself or your spouse.17. Due Process – fair and equal treatment under the law. Laws have to be fair and legal.18. Double Jeopardy – tried twice for the same crime.19. Eminent Domain – the government can take your property for public use, but they do have to pay you a fair price.20. Exclusionary Rule – evidence gained by unlawful search or seizure.21. Probable Cause – good reason or “probable cause” that the suspect is guilty.22. Ex Post Facto – “after the fact” declaring something a crime even though it was legal when it was committed [Like “can’t be punished today for wearing polyester leisure suits and bell bottoms in the 1970s.
8 We won the war, now what?Ideas for the United States government was inspired by other countries laws and ideas.The English Magna Carta made the king subject to laws!The English Bill of Rights declared English Parliament supreme.(legislative body)The Enlightenment allowed people to use reason and logic to examine ideas and traditions.Philosopher John Locke believed a contract must exist between government and the people.Philosopher Baron Montesquieu believed a successful government could only exist if powers were separated!
9 We now have the right to life, liberty and the pursuit of happiness! Let’s all celebrate!
10 The Articles of Confederation (Our 1st attempt at a Constitution) The Second Continental Congress believed there needed to be a “Supreme Law of the Land” so on November 15, 1777 Congress passed The Articles of Confederation.The Articles of Confederation would have limited powers in order to protect the liberties of the people.Each state had one vote (13 total) in Congress.Congress could:1. settle conflicts among the states.2. Make coins.3. Borrow money.4. Make treaties with other nations and Native Americans.5. Ask states for money for soldiers, but states could refuse request.No President!No Court System!
11 RatificationThe Congress sent the Articles of Confederation to each state legislature for ratification (official approval)Conflicts over western lands slowed the process.Congress passed the Northwest Ordinance of 1787.
12 Northwest Ordinance (1787) • When 5,000 free males of voting age settled an area, it became self-governing.• When the population reached 60,000 free citizens, the area could apply for statehood. Ex.) OH, IN, IL, MI, WI• Slavery was outlawed.
13 Before we look at the Constitution let’s look at why the Articles of Confederation failed.
19 WITH $$$ that states could refuse to give! COULD RAISE ANARMY-BUT STATES HADTO SUPPORTWITH $$$ that states could refuse to give!
20 Economic Disasters! Britain closes some needed trading markets. Britain imposes high tariffs (taxes on imports/exports)Congress had no power over interstate commerce(trade between 2 or more state) so merchants struggled because each state had different laws, taxes and cost of items.An economic depression begins!
21 • Farmer’s income decreased while taxes increased. Frustrated Farmers!Shays’ Rebellion• Farmer’s income decreased while taxes increased.• Farmers who could not pay their debts had their farms taken away by the courts.Massachusetts farmer Daniel Shays and his supporters occupy a Massachusetts courthouse.
22 Men Fighting During Shays' Rebellion • In 1786, Daniel Shays led a group of farmers in an attempt to shut down the Supreme Court of Massachusetts so no more property could be taken away!Men Fighting During Shays' Rebellion
23 • The U. S. , without an organized army, was powerless • The U.S., without an organized army, was powerless. Massachusetts sent a militia to stop the rebellion.
24 • Shays’ Rebellion convinced many people that the U. S • Shays’ Rebellion convinced many people that the U.S. needed a new, stronger, more effective government.
25 NO ARMY?INDIAN PROBLEMS OTHER ISSUES!!!NO ARMY?INDIAN PROBLEMSIN THE FRONTIER
29 BOTTOM LINE NO POWER OVER STATES ARTICLES COULD NOT PROTECT CITIZENS’ PROPERTY RIGHTS
30 Constitutional Convention In September 1786 the Virginia Legislature called for a National Conference to discuss changes needed! (only 9 states attended)SOOOO James Madison and Alexander Hamilton called for A Constitutional Convention in Philadelphia in May of 1787.The guest list? Franklin, Washington, Madison and more (Jefferson couldn’t)
31 “FATHER OF THE CONSTITUTION” JAMES MADISON“FATHER OF THECONSTITUTION”
36 THE REAL WORK & STRUGGLE NOW LAY AHEAD- THEDOCUMENT HAD TO BERATIFIED BY 9 OF 13 STATES
37 THE GREAT COMPROMISE-Refer to diagram on left of paper Several Issues divided the delegates at the Constitutional Convention. Like how much to change the Articles of Confederation, differing ideas on representation, how to make a strong government, economic concerns like tariffs and slavery.2 plans were considered by the Congress with parts of both being used.
38 Differences Between the Articles of Confederation and the Constitution The US ConstitutionUnicameral Congress (1 house)Equal (one) vote in Congress per stateNo Executive BranchNo Judicial Branch9 out of 13 states had to approve laws in CongressStates could coin their own moneyStates could regulate trade with states and foreign nationsStates had great autonomy to govern themselvesOnly states had the power to impose taxesBicameral Congress (2 houses)In House of Representative, states were represented based on population; In the Senate each state got two votes regardless of population3. Executive Branch established, lead by US President, carries out laws4. Judicial Branch established, headed by Supreme Court, interprets laws5. Majority rules! (50% +1 in each house to pass laws)6. Congress has exclusive right to coin money7. Only Congress could regulate trade with states and foreign nations8. States recognize the US Constitution as the final word on all matters9. Congress can impose taxes as well
39 VIRGINIA PLAN RANDOLPH & MADISON AKA-Large State Plan 1.Gave more power to national government2.Bicameral legislature(2 houses)3.Number in both Houses based on PopulationRANDOLPH &MADISON
40 NEW JERSEY OR SMALL STATE PLAN WILLIAM PATERSON 1. Gave =power in national government to all states.2. Unicameral legislature.3. Each state would have an equal number of representativesWILLIAMPATERSON
44 Additional Compromises at the Convention Compromises on slaverySouthern states wanted to count all slaves for representation purposes but none for taxation.Northern states objected.Three-Fifths Compromise: all whites plus three-fifths of the slave population would be counted for both representation and taxation.Native Americans were not counted.Slavery Compromise: Slavery for 20 more years to maintain unity.The fugitive slave clause, stated that a slave who fled to another state had to be returned to his or her original state.
46 National Archives Building Objectives: A Living Constitution 1. Six basic principles of the Constitution 2. How the Constitution is formally amended [and the 27 amendments]The Constitution is referred to as the LIVING CONSTITUTION because it is highly flexible and can change to meet the times.It begins with a short Preamble (statement of why the Constitution was written). It is divided into 7 main parts called Articles, which are then divided into smaller sections.Jefferson said the Constitution“belongs to the living and not the dead”which means 3. it must be responsiveto changing times and customs.”12National Archives Building
47 “THE CONSTITUTION WAS NOT MADE TO FIT US LIKE A STRAIGHTJACKET “THE CONSTITUTION WAS NOT MADE TO FIT US LIKE A STRAIGHTJACKET. IN ITS ELASTICITY LIES ITS CHIEF GREATNESS.”Woodrow Wilson
48 PURPOSES OF CONSTITUTION Allow for ChangeThe framers wanted to make sure the Constitution could change with the timesBut they did not want change to the most basic structures and rules of governmentThus, Article 5 allows for “Amending”
49 Preamble Article I The Legislative Branch Section 1. Congress Section 2. House of Representatives Section 3. Senate Section 4. Elections and Meetings Section 5. Organization and Rules Section 6. Privileges and Restrictions Section 7. Passing Laws Section 8. Powers of Congress Section 9. Powers Denied to the Fed Gov. Section 10. Powers Denied to the States Article II. The Executive Branch Section 1. President and Vice-President Section 2. Powers of the President Section 3. Duties of the President Section 4. Impeachment Article III. The Judicial Branch Section 1. Federal Courts Section 2. Jurisdiction of the Federal Courts Section 3. TreasonArticle III. The Judicial Branch Section 1. Federal Courts Section 2. Jurisdiction of the Fed. Courts Section 3. Treason Article IV. Relations Among States Section 1. Official Acts Section 2. Mutual Duties of States Section 3. New States and Territories Section 4. Federal Protection for States Article V. The Amending Process Article VI. National Supremacy Article VII. Ratification of the Constitution
50 Framers of the Constitution: Respecting people’s rights while creating a strong government was a major task of the framers of the ConstitutionSix principles were designed to ensure that we could have a strong government and keep our liberties
51 The first principle is POPULAR SOVEREIGNTY- the idea that political authority belongs to the people. The Constitution acts as a contract with the people:People grant government powers so they can get the work of the nation donePeople spell out what the government may NOT doPopular [people] sovereignty [absolute rule] –absolute power is invested in the people.The “We, the people” in the Preamble, shows that the people are the only source of governmental power.The government may govern only with the consent of the people is what popular sovereignty means.6. People can “fix” unfair laws.
52 The people elect public officials to make laws for them. It would be too difficult for everybody to directly vote on every governmental matter that needed to be addressed, so we elect politicians we agree with to vote for us in Congress.This is called representative government= A system of government in which voters choose representatives to govern them.
53 Suffrage in the US1789White, male, at least 21 years old, land owner (in most cases)’sWhite, male, at least 21 years old1870Male, at least 21 years old(black men gained the right to vote-15th Amendment)1920At least 21 years old(women gained the right to vote-19th Amendment)The people choose officials for the following national offices:1. House of Representatives (Art. 1, Sec. 2)2. Senate (Amendment 17)3. Members of the Electoral College (who vote for the President)Suffrage =The right to voteVoting rights have increased over time.1961Citizens living in Washington, DC can vote in presidential elections(amazingly, those living in the District of Columbia could not vote for President of the United States because they were not a state and had no electoral votes… the 23rd Amendment gave DC 3 electoral votes)1971All citizens who are at least 18 years old may vote(26th Amendment)
54 2. Limited GovernmentLimited government reflected the Framers fear of too much power [tyranny] accumulating in any one branch.The people are the only source of authority.Government is not all powerful and can do only things the people want.The government must obey the law.
55 3. Separation of PowersPower being distributed among the three branches is separation of powers.The purpose was to prevent any group or individual from having all the power.The Framers distrusted a strong central government in which the same people make, enforce, & determine the laws.The government was divided into 3 independent branchesLegislative [Congress]ExecutiveJudicial
56 LEGISLATIVE BRANCHMain purpose:MAKE LAWSExamples of duties…Coin moneydeclare wartaxmaintain the militaryratify treaties
57 And dance!!!! EXECUTIVE BRANCH Main purpose: ENFORCE/ CARRY OUT LAWS Examples of duties…serve as commander in chief of armed forcesnegotiate treatiesappoint advisors (cabinet, ambassadors)appoint federal judgesapprove/veto billsAnd dance!!!!
59 4. Checks and Balances Framers created a system of checks and balances Checks and Balances – This keeps any branch of government from becoming too powerful.A. each one is subject to checks by either or both of the others.B. There are checks when the President vetoes an act of Congress, or Congress overrides a presidential veto. Or the Senate rejects a presidential appointee, or when Congress removes judges through impeachment.C. This check and balance system makes compromise necessary.
61 Legislative Branch Checks Over… ExecutiveJudicialcan override presidential vetoconfirms presidential appointmentsratifies treatiescan declare warappropriates moneycan impeach and remove presidentCreate lower federal courtsCan impeach or remove judgesCan propose amendments (overruling judicial decisions)Approves appointments of federal judges
62 Executive Branch Checks Over… LegislativeJudicialcan propose lawsmakes appointmentsnegotiates foreign treatiescan veto lawscan call special sessions of congressappoints federal judgescan grant pardons to federal offenders
63 Judicial Branch Checks Over… ExecutiveLegislativecan declare executive actions to be unconstitutionalcan declare laws and acts of Congress to be unconstitutional
64 5. Judicial ReviewJudicial Review: The power of the Court to declare a government action illegal, or, null and void, because it violated the Constitution.The power of judicial review is held by all federal courts and most State courts.The lowest State courts – justice of the peace courts – do not have judicial review because they are not courts of record.Former Chief Justice Hughes said, “We are under the Constitution but the Constitution is what the judges say it is.”
65 6. FederalismThe framers recognized that state governments could deal with the needs of their people better than a national governmentFor this reason, they sought to create a nation that had Federalism is shared powers between the federal government and the state governmentNationalGovernmentStateGovernments
67 The Constitution does not list the powers of the state government, but instead says all powers not delegated to the federal government are reserved to the states (Amendment 10)Texas CapitolThe Constitution does state the powers that aredenied to the states in Article 1, Section 10.
68 Federal, State, & Shared Powers FEDERAL POWERS STATE POWERS Regulate interstate andforeign tradeCreate and maintain armed forcesCoin MoneyDeclare WarAdmit new statesEstablish foreign policyMake peace treatiesRegulate trade within state bordersConduct ElectionsCreate local governmentsProvide for public safetyEstablish laws about marriage & divorceControl EducationSHARED POWERSRaise TaxesBuild RoadsCreate and impose penalties for crimesCharter BanksProvide for the public welfare
69 The Constitution also ensures… States are treated equally.2. States must respect the laws of other states.3. All States are guaranteed representation in Congress.The Constitution also makesclear that the Constitution isthe “supreme law of the land”and federal courts will decidedisputes between states andthe federal government.
70 Executive Branch Facts Consists of a 15 Executive Member CabinetPresident Barack Obama/Vice-President Joe BidenVice-President job: Presiding Member of the Senate.The Secretaries of Agriculture, Commerce, Defense, Education, Energy, Health and Human Services, Homeland Security, Housing and Urban Development, Interior, Labor, State, Transportation, Treasury, and Veterans Affairs, as well as the Attorney General.
71 Executive Branch Facts Things to remember:A President can veto a bill that Congress presents.2. A Pocket Veto is when the President fails to sign a bill within the 10 days allowed by the Constitution. Congress must be in adjournment(recess) in order for a pocket veto to take effect.If Congress is in session and the president fails to sign the bill, it becomes law without his signature.3. Powers: Commander in Chief/Make Treaties/Veto Laws/ Propose Laws
72 Legislative Branch Facts Legislative Branch called Congress (2 Houses)100 Senators (2 per state)-Senators (6 yr. term)435 House of Representatives Congressmen/Congresswomen (2 yr. term)Representatives based on state population.Population based on Census every 10 years.California has 53 Representatives in the House.Senators/Representatives are elected Direct Election.Jobs: All treaties must be ratified by Congress/Pass laws/ All bills pertaining to $ begin in the House of Reps.California Senators= Boxer and Feinstein
73 Speaker of the HouseNancy Pelosi.Third in line for President…
74 Roseville Representatives Roseville is in the 4th California Congressional District.Tom McClintock is the Congressman representing the 4th District
75 Judicial Branch Facts Job: To interpret laws 9 Supreme Court Justices (life time appointment)The Chief Justice is John RobertsA Supreme Court Justice may be removed for impeachment.
77 The Framers of the Constitution understood that conditions would change throughout time. George Washington said, “I do not think we are more inspired, have more wisdom, or possess more virtue than those who will come after us.”For this reason, the framers devised a system for amending the Constitution2 Ways: Formal and Informal.There are 27 AmendmentsGeorge Washington(Lansdowne portrait). Oil on canvas National Portrait Gallery, Smithsonian Institution.
78 2/3 of each house of the US Congress can propose amendments Proposing Amendments2 Ways...Formal2/3 of states can call for a national convention for the purpose of proposing amendments2/3 of each house of the US Congress can propose amendments
79 3/4 of the state legislatures must approve Ratifying Amendments2 Ways...Formal3/4 of the state legislatures must approve3/4 of special state conventions must approve
81 Bill of RightsAmendment 1. Freedom of Religion, Speech, Press, Assembly, and PetitionAmendment 2. Right to Keep ArmsAmendment 3. Quartering of TroopsAmendment 4. Search and Seizure; WarrantsAmendment 5. Rights of Accused PersonsAmendment 6. Right to a Speedy TrialAmendment 7. Jury Trial in Civil CasesAmendment 8. Bail, Fines, PunishmentsAmendment 9. Rights Not Listed are Retained by the PeopleAmendment 10. Powers Not Listed are Reserved to the States
82 30Bill of RightsAmendment 1. Guarantees our 5 GREAT BASIC FREEDOMS [“Civil Liberties” or freedom of expressions are the keystone of individual freedom.a. Freedom of Religion or not to have a religion People may worship or not worship as they please.The government cannot favor one religion over anotherb. Freedom of speech – this freedom is restricted if it harms others. We have laws against slander [spoken] or libel [written statements] intended to damage one’s reputation.Speech that offends the moral sense [obscenity] of others or speech that endangers the safety of the nation [military secrets] may be punished.31
83 Bill of Rights [continued] c. Freedom of the Press means we can write our opinions and circulate them to others through T.V., newspapers, or magazinesthey are published or broadcast.d. Right to assemble for any peaceable purpose. Any political party or interest group has the right to hold a meeting as long as they are peaceful.e. Right to petition government officials, or convey our opinions to them. You can get people to sign a petition and send it to government officials.
84 Bill of Rights [continued] Amendment 2. Right To Keep And Bear ArmsThe purpose was to prevent Congress from denying States the right to have a militia of armed citizens The States and federal government can regulate the possession and use of firearms by individuals.
85 Bill of Rights [continued] Amendment 3. No Quartering of Troops In Homes This is absolute during peacetime; limited during wartime.Amendments 4-8 protect the individual in dealing with the police and courts.
86 Bill of Rights [continued] Amendment Limits The Conditions Under Which Police May Search for and Seize Evidence and People [Privacy Amendment]A. No “Fishing Expeditions” by public officials [a search must be reasonable and based on probable cause].B. In most cases, a search or arrest warrant will be necessary. The warrant must describe the specific place to be searched and the persons or things to be seized.C. A police officer may chase a suspect into his house & not secure a warrant (this would be probable cause).D. The Supreme Court has ruled that evidence gained as a result of an unlawful search or seizure cannot be used at the trial. [Exclusionary Rule–has to be excluded]
87 Bill of Rights [continued] Amendment 5. Rights of Accused Persons [5-8 have to do with “rights of the accused”]A. A person can be tried for a serious crime only if he has been accused of that crime by a grand jury.B. No one may be tried twice for the same offense [Double Jeopardy clause] – no one may be put in jeopardy twice for the same offense]C. No one may be forced to testify against himself or his spouse. You don’t have to answer questions by the police or the courts. [Plead the “5th”]D. No one can be deprived of life, liberty, or property without due process of law [fair and equal treatment under the law].E. The government may take private property for a legitimate public purpose; but when it exercises that power of EMINENT DOMAIN [taking property for public use], it must pay a fair price.So, if the jury foreman says?There will be no 2nd trial.New Cowboys stadiummeant property losses.
88 Bill of Rights [continued] Amendment 6. Right To A Speedy TrialA. IMPARTIAL JURY. You do not have to use a jury and can have the case transferred if it has received too much publicity.B. Right to be told what crime you are accused of.C. Right to hear and question all witnesses against you.D. The right to compel [require their testimony] witnesses to appear at a trial to tell your side of the story.E. Right to a lawyer.Marcia Clark
89 Bill of Rights [continued] Amendment 7. Jury Trial In Civil Cases [not a criminal matter – but where one person sues another] Applies to all disputes in excess of $20.Amendment 8. No Excessive Bail or Fines, or “Cruel and Unusual Punishment” [like torture and beheading] [The Court of Military appeals has abolished an old Navy punishment of 3 days on bread and water as both cruel and unusual]Tar andFeatheringThe“Rack”
90 Bill of Rights [continued] Amendment 9. Unenumerated Rights – The Constitution does not describe all of our rights. This amendment guarantees those fundamental rights not enumerated Courts can’t define all your rights but that doesn’t mean you don’t have them.Amendment 10. Limits The Power Of The Federal Government. Powers not granted to the U.S., nor prohibited to it by the States are given to the States or the people But what are they?