1. Government, Chapter 3 The Constitution
Learning Target: IWBAT analyze and categorize the diverse viewpoints presented by the Federalists and the Anti-federalists concerning ratification of the Constitution and inclusion of a Bill of Rights

2. Flashback
Why did the founding fathers decide to write a constitution to replace The Articles of Confederation?

3. Structure and Principles
Structure- only 7,000 words
Preamble- introduction, why it was written.
Articles-
1- Legislative branch: Make Laws
2- Executive branch: Carry out and enforce laws
3- Judicial branch: Rule on Constitutionality of laws and actions

4. Structure Articles continued 4. Relationships between States
5. Amendments
6. Supremacy clause- The Constitution, Laws passed by congress, and Treaties are “the supreme law of the land”.
7. Ratification- 9 of 13 States needed.
Amendments- 27 in all, first 10 are the Bill of Rights

5. Major Principles Constitution Based on these concepts
Popular Sovereignty
Federalism
Separation of Powers
Checks and balances
Judicial Review- Marbury v. Madison 1803
Limited Government

6. Section 2: 3 Branches of Government
Legislative Branch
House- The voice of the people.
Expressed/enumerated powers
Article 1, section 8, pgs
Elastic clause- “necessary and proper” to carry out expressed powers
McCulloch v. Maryland, 1819, Implied powers

7. Checks and Balances Impeachment- House accusation of federal official
Over ride of veto- 2/3rds
Senate confirmation of Presidential appointments

8. The Executive Branch A new branch developed
Very vague powers initially
10 specific powers listed
Commander in Chief
Pardons
Appointments
Treaties

9. Presidency Now and Then
No partiality in hiring
Quit after 2 terms.
Executive agreements used more often. No Congressional approval needed.

10. Judicial Branch Appears to be the weakest.
Supreme Court set by Constitution.
All lower courts set by Congress
Federal and State courts each have their own jurisdiction.

11. Jurisdiction Who hears a case Supreme Court Original Jurisdiction
U.S. Laws
Treaties with foreign nations
Interpretations of the Constitution
Bankruptcy cases

12. Then and now Did not even have a building.
Had to “ride circuit”, travel to hear cases when not in session.
John Jay the 1st Chief Justice
Marbury v. Madison, 1803, elevated their status to equal among the three branches.

13. Section 3: Amending the Constitution
Ratified, or approved, in a number of ways.
Proposed by 2/3 of Congress and ratified by ¾ of State Legislatures of 27 amendments.
Proposed by 2/3 Congress and ratified by ¾ State conventions. 1 time

14. Amending the Constitution
Constitutional convention never used.
Equal Rights Amendment- questions because states revoked their ratification.
Congress decides which method the states use and time. Modern times is 7 years to ratify

15. Informal changes
Through Law- Laws can clarify or expand certain powers.
Tax codes expanded ability to tax.
Through Practices
Impeachment- Clarify what high crimes and misdemeanors are.

16. Informal Presidential Changes
Presidential Succession
25th amendment, 1967 officially set succession.
Foreign Affairs- Executive agreement used more than treaties today.
Domestic affairs- Legislation initiated by the President

17. Court Decisions Judicial Review
Judicial restraint- Do not take the initiative.
Judicial activism- court should play a role in shaping policy
Chief Justice Earl Warren, from , took on many controversial cases.

18. 27 Amendments
1st ten are the Bill of Rights
1st- Freedom of Speech, religion, press, assemble, and petition (Appeal to Congress).
Within limits- slander and libel
2nd- Keep and bear arms
3rd- Prohibits the quartering of soldiers in homes

19. Bill of Rights 4th- Search warrants, probable cause
5th- Grand jury, Double jeopardy, self incrimination, and eminent domain
6th- Speedy trial, change of venue, and lawyer

20. Bill of Rights 7th- Jury trial
8th- excessive bail, excessive fine, and cruel and unusual punishment
9th- All rights retained by the people.
10th- States rights

21. Amendments Civil War Amendments- 13-15
Suffrage Amendments (The right to vote)- 15- African Americans, 17- Vote for Senators, 19- Women, 23- Washington DC, 24- Poll tax, and year olds

22. Assessment
Explain how the views of the Federalists and Anti- Federalists were included in the Constitution
Honors: Do you believe that the 3 branches still have equally shared power? Explain your answer using examples from current events.
Homework: Read short explanation about The Federalist papers: